Compiler's Note The Journal of the House of Representatives regular session of 1982 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume. Volume I contains January 11, 1982 through March 9, 1982. Volume II contains March 10, 1982 through March 26, 1982 regular session. JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA AT THE REGULAR SESSION Commenced at Atlanta, Monday, January 11, 1982 and adjourned Friday, March 26, 1982 VOLUME II WEDNESDAY, MARCH 10, 1982 1883 Representative Hall, Atlanta, Georgia Wednesday, March 10, 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 Tom Lang, Pastor, Oconee Heights Baptist Church, Athens, Georgia. Representative Milford of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees: HB 1858. By. Representatives Anderson, Harris and Hasty of the 8th: A BILL to amend an Act placing the sheriff, clerk of the superior court, tax commissioner, and judge of the Probate Court of Cherokee County on the salary system in lieu of fees, so as to change the compensation of the clerk of the superior court, judge of the probate court, and tax commissioner of Cherokee County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1859. By: Representatives Ware of the 68th, and Johnson and Thomas of the 66th: A BILL to create and establish a Small Claims Court of Heard County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1860. By: Representative Reaves of the 147th: A BILL to amend an Act providing for the disposition and application of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases in the probate courts of all counties having a population of not less than 13,700 and not more than 13,900 according to the 1884 JOURNAL OF THE HOUSE, United States decennial census of 1970 or any future such census, so as to change the provisions relative to population; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1861. By: Representative Phillips of the 59th: A BILL to amend an Act creating a new board of commissioners of Gwinnett County, so as to change the districts from which members of the board are elected; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1862. By: Representative Reaves of the 147th: A BILL to provide for the compensation of coroners in all counties of this state having a population of not less than 15,200 nor more than 15,400 according to the United States decennial census of 1980 or any future such census; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1863. By: Representative Reaves of the 147th: A BILL to amend an Act providing for the compensation of the county clerk in all counties of this state having a population of 2,000 or less according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1864. By: Representatives Harris, Hasty and Anderson of the 8th, and Ralston of the 7th: A BILL to provide that the members of the Bartow County Board of Education shall be compensated as provided by the general laws of the State of Georgia; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1865. By: Representatives Harris, Hasty and Anderson of the 8th, and Ralston of the 7th: A BILL to provide that the Superintendent of Schools of the Bartow County School District shall be elected by the Board of Education of Bartow County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1866. By: Representatives Harris, Hasty and Anderson of the 8th, and Ralston of the 7th: A BILL to provide that the members of the Board of Education of Bartow County shall serve for a term of four years; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1867. By: Representatives Harris, Hasty and Anderson of the 8th: A BILL to amend an Act incorporating the City of Emerson, so as to provide for filling vacancies in the office of aldermen; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1868. By: Representatives Harris, Hasty and Anderson of the 8th: A BILL to amend an Act incorporating the City of Emerson, so as to change the terms of office of the mayor and aldermen; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. WEDNESDAY, MARCH 10, 1982 1885 HB 1872. By: Representatives Godbee of the 82nd and Bargeron of the 83rd: A BILL to amend an Act providing for a board of elections in each county in the state having a population of not less than 18,200 nor more than 18,300 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1873. By: Representatives Smith of the 152nd and Snow of the 1st: A BILL to amend Code Section 15-11-35 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to change the purposes of disposition of delinquent children; and for other purposes. Referred to the Committee on Judiciary. HB 1874. By: Representative Jessup of the 117th: A BILL to amend an Act authorizing the Pulaski County-Hawkinsville Development Authority to exercise certain powers, so as to change the membership of the Authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1875. By: Representative Chance of the 129th: A BILL to amend an Act creating a new charter for the Town of Guyton, so as to remove a certain geographical area from the territorial limits of the Town of Guyton; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1876. By: Representative Dobbs of the 74th: A BILL to repeal an Act changing the time of filing of homestead exemption applications in counties having a population of not less than 34,000 or more than 34,500; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1877. By: Representative Dobbs of the 74th: A BILL to repeal an Act fixing the compensation of members of boards of education in counties having a population of not less than 34,000 and not more than 34,500; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1878. By: Representative Ross of the 76th: A BILL to amend an Act abolishing the offices of tax collector and tax receiver in Warren County, and creating the office of tax commissioner of Warren County, so as to change the provisions relating to the compensation of assistants and clerks; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1879. By: Representatives Cummings of the 17th and Montgomery of the 16th: A BILL to amend an Act creating a Board of Commissioners of Polk County, so as to change the salary of the Chairman and each of the other members of the Board of Commissioners of Polk County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1880. By: Representatives Thomas and Johnson of the 66th, and Jackson of the 77th: A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating 1886 JOURNAL OF THE HOUSE, to motor vehicles, so as to define the criminal offense of allowing another under the influence of alcohol or drugs to drive an automobile; to provide for suspension of drivers' licenses of violators; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1881. By: Representatives Jones of the 78th and Adams of the 79th: A BILL to amend an Act creating and establishing a Small Claims Court in Pike County, so as to change the provisions relating to costs and fees; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1882. By: Representatives Adams of the 79th and Jones of the 78th: A BILL to amend an Act abolishing the present mode of compensating the Sheriff of Pike County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensation provisions relating to the sheriff; to provide for increases in salary; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1883. By: Representatives Adams of the 79th and Jones of the 78th: A BILL to amend an Act abolishing the present mode of compensating the Judge of the Probate Court of Pike County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensation provisions relating to the judge of the probate court; to provide for increases in compensation; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1884. By: Representatives Adams of the 79th and Jones of the 78th: A BILL to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County, so as to change the compensation provisions relating to the tax commissioner; to provide for increases in compensation; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1885. By: Representative Adams of the 79th: A BILL to amend an Act consolidating and combining the board of tax assessors of the City of Thomaston and the County of Upson, so as to change the term of the members of the joint board of tax assessors; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1886. By: Representatives Adams of the 79th and Jones of the 78th: A BILL to amend an Act abolishing the present mode of compensating the clerk of the Superior Court of Pike County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensation provisions relating to the clerk of the superior court; to provide for increases in compensation; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 779. By: Representative Matthews of the 145th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the use by the Colquitt County School System of the proceeds of any local sales and use tax levied within Colquitt County; to adjust the limitation on the maximum mill rate of WEDNESDAY, MARCH 10, 1982 1887 ad valorem taxes which may be levied for the purposes of the Colquitt County School System so as to take into account the proceeds to the school system of the local sales and use tax; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees: HB 1887. By: Representatives Moody and Byrd of the 138th: A BILL to amend an Act creating the Board of Commissioners of Wayne County, so as to change the provisions relative to the election of members of the Board; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1888. By: Representatives Moody and Byrd of the 138th: A BILL to amend an Act providing a new charter for the City of Baxley, so as to comprehensively revise, restate, modernize, and codify the charter of the City of Baxley; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1889. By: Representatives Mann and Milford of the 13th: A BILL to amend an Act creating a small claims court for Elbert County, so as to change the jurisdictional amount of the court and the amount of certain fees charged for proceedings in the court; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1890. By: Representative Murphy of the 18th: A BILL to amend an Act creating the office of County Commissioner of Haralson County, so as to change the compensation of the County Commissioner of Haralson County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1891. By: Representatives Thompson, Darden and Wilson of the 19th, Aiken and Burruss of the 21st and Murphy of the 18th: A BILL to amend an Act creating the office of Tax Commissioner of Paulding County, so as to change the compensation of the tax commissioner; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1892. By: Representatives Lawson of the 9th and Savage of the 25th: A BILL to amend an Act authorizing the impoundment of vehicles illegally parked on private property, so as to limit lien amounts; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on Judiciary. HB 1893. By: Representative Hays and Snow of the 1st: A BILL to fix the compensation of the county commissioner of counties having a population of not less than 56,400 and not more than 60,000; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 1888 JOURNAL OF THE HOUSE, HB 1894. By: Representatives Phillips of the 125th, Davis of the 124th, Ginsberg of the 122nd, Jones of the 126th, Triplett of the 128th and others: A BILL to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to provide that the recorder's court of any county of this state having a population of not less than 200,000 nor more than 275,000 according to the United States decennial census of 1980 or any future such census shall collect the additional costs for the county law libr^y; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1895. By: Representative Auten of the 154th: A BILL to amend Article 7 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation payments for disability, so as to change the amounts payable for permanent and temporary total and partial disability or impairment; and for other purposes. Referred to the Committee on Industrial Relations. HB 1896. By: Representative Kemp of the 139th: A BILL to amend Code Section 5A-2901, relating to authorization of sales of distilled spirits by the drink, so as to change certain population brackets affecting counties having a population of not less than 14,486 and not more than 14,540 according to the United States decennial census of 1960 or any future such census; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1897. By: Representative Murphy of the 18th: A BILL to amend an Act placing the sheriff and the ordinary (now probate judge) of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of Haralson County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1898. By: Representatives Randall of the 101st, Home of the 104th, Lucas of the 102nd, Pinkston of the 100th, Davis of the 99th and others: A BILL to amend an Act creating a new charter for the City of Macon in the County of Bibb, so as to extend and increase the corporate limits of the City of Macon; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1899. By: Representatives Davis of the 45th, Mangum of the 56th and Williams of the 48th: A BILL to amend an Act providing for the organization, jurisdiction, venue, practice and procedure of state courts, so as to provide for the terms of the state court of each county of this state having a population of not less than 350,000 nor more than 500,000 according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1900. By: Representative Williams of the 6th: A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to substitute the terms "precinct" and "voting precinct" for the term "election district"; to WEDNESDAY, MARCH 10, 1982 1889 require county and municipal precinct boundaries to meet certain standards; and for other purposes. Referred to the Committee on State of Republic. HB 1901. By: Representatives Smith and Moore of the 152nd: A BILL to provide that in each county of this state having a population of not less than 9,365 and not more than 9,385 according to the United States decennial census of 1980 or any future such census, the board of county commissioners shall be composed of five members; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1902. By: Representative Dixon of the 151st: A BILL to authorize the governing authority of the City of Waycross to convey certain park property to the Ware County Hospital Authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1903. By: Representative McCollum of the 134th, Hutchinson of the 133rd and Chambless of the 131st: A BILL to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, so as to provide an optional procedure for quarterly billing in counties having a population of not less than 100,000 and not more than 150,000; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1904. By: Representatives Ham of the 80th and Sizemore of the 136th: A BILL to amend an Act providing an annual salary for the sheriff of each county having a population of not less than 14,000 nor more than 15,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1905. By: Representatives Williams of the 54th and Brooks of the 34th: A BILL to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to create an ex-offender rehabilitation compensation program; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1906. By: Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th: A BILL to amend the "Georgia Alcoholic Beverage Code," Code Title 5A, so as to permit the governing authorities of certain counties and municipalities to authorize the sale of alcoholic beverages for consumption on the premises on Sundays if approved at a referendum; and for other purposes. Referred to the Committee on Temperance. HB 1907. By: Representatives Ware of the 68th, Johnson of the 72nd, Wood of the 9th, Wilson of the 19th, Collins of the 144th and Buck of the 95th: A BILL to provide that an individual who holds a state-wide elective office may not qualify for a different state-wide elective office or federal office unless first tendering his resignation; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on State of Republic. 1890 JOURNAL OF THE HOUSE, HR 780. By: Representatives Moody and Byrd of the 138th: A RESOLUTION proposing an amendment to the Constitution, so as to authorize a homestead exemption for residents of the City of Baxley in an amount to be fixed by the governing authority of the city at not more than $15,000.00 from all City of Baxley ad valorem taxes; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 782. By: Representatives Logan of the 62nd, Russell of the 64th and Argo of the 63rd: A RESOLUTION designating the Georgia Museum of Art at the University of Georgia as the State Museum of Art of the State of Georgia; and for other purposes. Referred to the Committee on University System of Georgia. HR 783. By: Representative Bray of the 70th: A RESOLUTION authorizing the State of Georgia, acting by and through its Department of Human Resources, to make approximately 70 acres of land in Meriwether County, Georgia, available to Georgia Easter Seal Society, Inc., for the purposes of their constructing and operating thereon camping facilities for handicapped citizens of Georgia; and for other purposes. Referred to the Committee on State Institutions & Property. HR 787. By: Representative Jackson of the 75th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the Board of Commissioners of Walton County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations doing business in the unincorporated area of Walton County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 788. By: Representatives Lambert of the 112th and Argo of the 63rd: A RESOLUTION creating the High Technology Coordination Task Force; and for other purposes. Referred to the Committee on Rules. HR 789. By: Representatives Davis of the 45th, Widener of the 44th and Williams of the 48th: A RESOLUTION proposing an amendment to the Constitution so as to limit the power of DeKalb County and the DeKalb County School District to impose, levy, collect, and receive ad valorem taxes; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 790. By: Representatives Williams of the 54th and Brooks of the 34th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to require industrial and commercial enterprises to return their inventory for ad valorem taxation purposes on the basis of the average monthly value of that inventory; and for other purposes. Referred to the Committee on Constitutional Revision. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1805 HB 1806 HB 1807 HB 1808 WEDNESDAY, MARCH 10, 1982 1891 HB 1809 HB 1810 HB 1811 HB 1812 HB 1813 HB 1814 HB 1815 HB 1816 HB 1817 HB 1818 HB 1819 HB 1820 HB 1821 HB 1822 HB 1823 HB 1824 HB 1825 HB 1826 HB 1841 HB 1842 HB 1843 HB 1844 HB 1845 HB 1846 HB 1847 HB 1848 HB 1849 HB 1850 HB 1851 HB 1852 HB 1853 HB 1854 HB 1855 HB 1856 HB 1857 HR 745 HR 752 HR 776 HR 755 HR 758 HR 774 HR 775 HR 777 HB 1869 HB 1870 HB 1871 SB 549 SB 588 SB 654 SB 687 SB 709 SB 711 SB 718 SR 264 SR 309 SR 310 Representative Pinkston of the 100th District, Chairman of the Committee on Banks & Banking, submitted the following report: Mr. Speaker: Your Committee on Banks & Banking has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 523 Do Pass SB 650 Do Pass SB 680 Do Pass Respectfully submitted, Beck of the 148th Vice-Chairman Representative Ross of the 76th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: SB 253 Do Pass, by Substitute HB 1641 Do Pass 1892 JOURNAL OF THE HOUSE, Respectfully submitted, Ross of the 76th Chairman Representative Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1730 Do Pass HB 1735 Do Pass HB 1838 Do Pass, as Amended HB 1776 Do Pass SB 582 Do Pass SB 322 SB 597 SB 598 SB 346 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Respectfully submitted, Snow of the 1st Chairman Representative Coleman of the 118th District, Chairman of the Committee on Public Safety, submitted the following report: Mr. Speaker: Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1587 Do Pass HB 1755 Do Pass HB 981 Do Pass, as Amended Respectfully submitted, Coleman of the 118th Chairman Representative Colwell of the 4th District, Chairman of the Committee on State Institutions & Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 1770 Do Pass HB 1771 Do Pass HB 1772 Do Pass HR 658 Do Pass, by Substitute HR 710 Do Pass, by Substitute HR 747 Do Pass Respectfully submitted, Colwell of the 4th Chairman Representative Bray of the 70th District, Chairman of the Committee on State of Republic, submitted the following report: WEDNESDAY, MARCH 10, 1982 1893 Mr. Speaker: Your Committee on State of Republic has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1825 Do Pass Respectfully submitted, Bray of the 70th Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1738 Do Pass HB 1786 Do Pass HB 1787 Do Pass HB 1788 Do Pass HB 1789 Do Pass HB 1790 Do Pass So 1?92 SSaSS "93 DoPass HB 1794 DoPass HHBB 11779957 DDooPPaassss HB 1798 DoPass HB 1799 DoPass HB 1800 DoPass HB 1801 Do Pass HB 1804 Do Pass HB 1828 Do Pass HB 1829 Do Pass HB 1830 Do Pass HB 1831 Do Pass HB 1832 Do Pass HB 1833 Do Pass HB 1834 DO Pass HB 1835 DoPass HB 1837 74f HR 746 HR 748 HR 751 HR 753 SB 611 SB 664 D"Doo p Pass Do Pass DoPass DoPass Do Pass Do Pass Do Pass, as Amended Respectfully submitted, Adams of the 36th Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 601 Do Pass, as Amended SB 662 Do Pass SB 681 Do Pass, by Substitute Respectfully submitted, Clark of the 55th Vice-Chairman 1894 JOURNAL OF THE HOUSE, The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, MARCH 10, 1982 Mr. Speaker and Members of the House: The Committee on Rules, in session assembled, has fixed the calendar for this day's business, March 10, 1982, as enumerated below: HB 589 Student Finance Authority, Grants HB 901 Liens, Property in Repossessed Autos HB 1315 Emp. Retirement, Contributions, Benefits HB 1351 Ad Valorem Tax, Freeport Exemption HB 1375 Ad Valorem Tax, Prepayment Agreements HB 1424 Ad Valorem Tax, Time for Making Returns HB 1436 Teachers, Nonrenewal of Contract HB 1437 Domestic Wineries, Amount Produced HB 1449 Municipalities, Tax Executions, Interest HB 1474 Timber Sales, Military Installations HB 1479 Farmers' Mutual Fire Insurance, Limitations HB 1491 Fire Protection Sprinkler Contractors, Regulate HB 1513 Insurers: Investments HB 1547 Guardians, Physicians in Fed. Medical Facility HB 1583 Motor Vehicle, Prohibit Cert. Window Material HB 1617 Stone Mtn. Judicial Circuit: Change Name HB 1630 Utility Finance Section, Director HR 533 Statewide Fire Protection Study Committee HR 656 Miller J. Grist Bridge, Designate HR 706 New Constitution, Amend., State Debt SB 666 Secondary Security Deeds: Interest (Rec.) Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully Submitted, /s/ Lee of the 72nd Chairman By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: HB 1738. By: Representative Chambless of the 131st: A BILL to amend an Act creating a Board of Commissioners of Dougherty County, so as to change the Commission Districts; to clarify that elections and terms under the changed districts shall remain the same as under those districts as formerly described; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1786. By: Representatives Hasty, Anderson and Harris of the 8th: A BILL to amend an Act creating the office of Commissioner of Pickens County, so as to change the compensation of the commissioner; and for other purposes. WEDNESDAY, MARCH 10, 1982 1895 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1787. By: Representatives Hasty, Anderson and Harris of the 8th: A BILL to amend an Act placing the Clerk of the Superior Court of Pickens County on an annual salary, so as to change the compensation of the clerk of the superior court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1788. By: Representatives Hasty, Anderson and Harris of the 8th: A BILL to amend an Act creating the office of Tax Commissioner of Pickens County, so as to change the compensation of the tax commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1789. By: Representatives Hasty, Anderson and Harris of the 8th: A BILL to amend an Act placing the Judge of the Probate Court of Pickens County on an annual salary in lieu of the fee system of compensation, so as to change the compensa- tion of the judge of the probate court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1790. By: Representatives Hasty, Anderson and Harris of the 8th: A BILL to amend an Act placing the Sheriff of Pickens County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1792. By: Representatives Castleberry of the lllth and Edwards of the 110th: A BILL to amend an Act creating the Board of Commissioners of Chattahoochee County, so as to change the compensation of the chairman and members of the Board; and for other purposes. 1896 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1793. By: Representative Castleberry of the lllth: A BILL to amend an Act relating to the sheriffs office and sheriff of Stewart County, so as to change the provisions for compensation of the deputy sheriff; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1794. By: Representative Ross of the 76th: A BILL to amend an Act providing for a board of commissioners of Warren County, so as to change the provisions relating to meetings of the board; to change the compensation provisions relating to the chairman and other members of the board of commissioners; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1795. By: Representative Ross of the 76th: A BILL to amend an Act consolidating the offices of tax receiver and tax collector of Lincoln County into the office of tax commissioner of Lincoln County, so as to change the compensation of the tax commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1797. By: Representative Crawford of the 5th: A BILL to provide that in certain counties the salary of the county commissioner shall be the same as that of the sheriff of the county; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1798. By: Representatives McDonald of the 12th and Irvin of the 10th: A BILL to authorize the governing authority of Banks County to provide for supplemental compensation for the judge of the superior court in the Piedmont Judicial Cir- cuit; and for other purposes. WEDNESDAY, MARCH 10, 1982 1897 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1799. By: Representative Murphy of the 18th: A BILL to provide for the election of the members of the Board of Education of Haralson County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1800. By: Representatives Foster and Williams of the 6th and Ramsey of the 3rd: A BILL to amend an Act creating a board of elections in each county having a population of not less than 51,000 and not more than 55,110 according to the 1970 United States decennial census or any future such census, so as to change the population requirements of said Act; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1801. By: Representatives Cummings of the 17th and Montgomery of the 16th: A BILL to provide certain additional compensation for the clerk of the superior court of all counties of this state having a population of not less than 32,300 nor more than 32,800 according to the United States decennial census of 1980 or any future such census; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1804. By: Representative Jones of the 78th: A BILL to repeal an Act entitled "An Act to amend Code Section 21-105 of the Code of Georgia of 1933, as amended, relating to the fees paid Coroners, so as to change the compensation of Coroners in certain counties..."; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1828. By: Representatives Connell of the 87th, Nicholson of the 88th, Dent of the 85th, Cheeks of the 89th and Swann of the 90th: A BILL to amend the charter 1898 JOURNAL OF THE HOUSE, of the City of Augusta incorporated as the City Council of Augusta by redefining the limits of said city to annex certain property owned by the city adjacent to corporate limits; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1829. By: Representatives Connell of the 87th, Nicholson of the 88th, Dent of the 85th, Cheeks of the 89th and Swann of the 90th: A BILL to amend an Act relating to punishment of violators of ordinances of the City of Augusta, so as to change the maximum amount of fines which may be imposed; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1830. By: Representative Vaughn of the 57th: A BILL to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1831. By: Representative Vaughn of the 57th: A BILL to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the judge of the Probate Court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1832. By: Representative Vaughn of the 57th: A BILL to amend an Act placing the sheriff of Rockdale County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. WEDNESDAY, MARCH 10, 1982 1899 HB 1833. By: Representative Vaughn of the 57th: A BILL to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, so as to change the automobile expense allowance of the coroner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1835. By: Representative Vaughn of the 57th: A BILL to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the salary of the clerk; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1834. By: Representative Vaughn of the 57th: A BILL to amend an Act creating a board of commissioners for Rockdale County, so as to change the compensation of the chairman and the other members of the board of commissioners; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1837. By: Representatives Murphy of the 18th, and Thomas and Johnson of the 66th: A BILL to amend an Act creating a new charter for the City of Bremen, so as to change the corporate limits of the City of Bremen; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1839. By: Representative Parham of the 109th: A BILL to amend an Act providing for the compensation of members of the board of county commissioners in each county having a population of not less than 8,335 and not more than 8,725 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. 1900 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. SB 611. By: Senator Kidd of the 25th: A BILL to amend an Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, so as to change the compensation of the coroner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 743. By: Representative Chance of the 129th: A RESOLUTION Proposing an amendment to the Constitution so as to provide an additional homestead exemption of $2,000.00 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Effingham County School System for all residents of the Effingham County School District who are 65 years of age or over; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is amended by adding at the end thereof a new paragraph to read as follows: "The amount of $2,000.00 of the assessed value of the homestead of each resident of the Effingham County School District who is 65 years of age or over is exempted from all ad valorem taxes for educational purposes levied by, for, or on behalf of the Effingham County School System, including taxes to retire school bond indebtedness. The homestead exemption provided for herein shall be in addition to, and not in lieu of, any other homestead exemptions applicable to residents of Effingham County or the Effingham County School District. The procedures and requirements provided by law relative to qualifying for and claiming homestead exemptions, which are not in conflict or inconsistent with this paragraph, shall apply to the homestead exemption provided for herein. The provisions of this paragraph shall apply to all taxable years beginning after December 31, 1982." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES ( ) NO Shall the Constitution be amended so as to provide an additional homestead exemption of $2,000.00 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Effingham County School System for all residents of the Effingham County School District who are 65 years of age or over?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. WEDNESDAY, MARCH 10, 1982 1901 On the adoption of the Resolution, 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 Argo Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield YBenn Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks Buck Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Collins Y Colwell Y Connell Y Couch YCox Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis,B Davis,J Davis.L Dean YDent Dixon YDobbs Dover Edwards Eiliott Y Evans Y Felton Y Fortune Foster Fuller.C YGaler Ginsberg Glover Y Godbee Y Greer YHam Hamilton Y Hanner Harris Y Harrison Hasty Y Hawkins Hays YHill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin YIsakson Y Jackson,J Y Jackson.N Y Jackson, W Jessup Y Johnson.G Y Johnson.R Jones.B Y Jones,H Karrh YKemp Kilgore Lambert Y Lane,D Y Lane,R Y Lawson YLee YLogan YLong YLord YLowe Y Lucas Y Mangum Mann Marcus Y Martin Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips,L.L Phillips,R.T Phillips.W.R Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Triplett YTuten Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Walker Y Wall Ware Y Watson White Y Widener Y Williams,B.J Y Williams.H Y Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 127, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 746. By: Representatives Lane of the 81st and Godbee of the 82nd: A RESOLUTION Proposing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing establishments shall be exempt from certain county, municipal, and school district ad valorem taxes in Screven County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution of Georgia is hereby amended by adding immediately before the final paragraph thereof the following: "All capital improvements of each new manufacturing establishment located in Screven County, Georgia, shall be exempt from all county, municipal, and school district ad valorem taxes for five years from the time of its construction or placement provided such establishment has capital improvements of $500,000.00 or more. Each addition to the capital improvements of an existing manufacturing establishment located in Screven County, Georgia, shall be exempt from all county, municipal, and school district ad valorem taxes for five years from the time such addition is made if the cost of such addition is $500,000.00 or more. For the purpose of this exemption the term 'manufacturing 1902 JOURNAL OF THE HOUSE, establishment' shall mean and include every person, firm, partnership, or corporation engaged in making, fabricating, or changing things into new forms for use or in refining, rectifying, or combining different materials for use. The term 'capital improvements' shall mean and include buildings, machinery, and equipment directly connected with the manufacturing process. This paragraph shall be self-executing and shall not require additional implementing legislation. This paragraph shall not affect state taxes." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to exempt the capital improvements of certain manufacturing establishments in Screven County and certain additions thereto from all county, municipal, and school district ad valorem property taxes for a period of five years following their estab- lishment or addition?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Aaron YAdanu,G Y Adams,J Y Adams.M YAiken YAndenon Argo Auten YBalkcom Y Bargeron YBaugh Seal YBeck Y Benefield YBenn Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks Buck BurrUBS Y Burton YByrd YCason Y Caitleberry Y Chamberlin Y durables* Y Chance Y Cheeks Y Childen Childi Y Clark,B Y Clark.L Y Colbert Coleman Y Collins Y Colwell Y Connell Y Couch YCox Crawford Y Crosby Y Culpepper Y Cummings YDarden Daugherty Y Davis.B Davis.J Davis,L Dean YDent Dixon YDobbs Dover Edwards EUiott Y Evans Y Felton Y Fortune Foster FuUer,C Y Cater Ginsberg Glover YGodbee YGreer YHara Hamilton Y Manner Harris Y Harrison Hasty Y Hawkins Hays YHill Y Holmes Y Hooks YHome Y Hutchinson Ylrvin Ylsakson Y JacksonJ Y Jackson.N Y Jackson,W Jessup Y Johnson.G Y Johnson.R Jones,B YJones,H Karrh YKemp KUgore Lambert YLane.D YLane.R YLawgon YLee YLogan YLong YLord YLowe Y Lucas Y Mangum Mann Marcus Y Martin Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinai Y Nicholson YNU Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips,L.L Phillips,R.T Phillips.W.R Pilewicz Y Pinkston YRainey Y Ralston Ramsey Randall Y Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell On the adoption of the Resolution, the ayes were 127, nays 0. Savage YScotUV Y Scott,D YShepard Y Sherrod Y Sizemore Y Smith,T Smith.V Smyre YSnow Y Steinberg YSwann Y Thomas Y Thompson Townsend Triplett YTuten Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Walker YWall Ware Y Watson White Y Widener Y Williams.B.J Y Williams.H Y Williama.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy WEDNESDAY, MARCH 10, 1982 1903 The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 748. By: Representatives Auten of the 154th and Tuten of the 153rd: A RESOLUTION Proposing an amendment to the Constitution so as to authorize and empower the governing authority of Glynn County to enact ordinances for the governing and policing of said county, to implement and enforce such ordinances, and to provide penalties for the violation of such ordinances; to authorize the enforcement of such ordinances by proceed- ings in the Superior Court or State Court of Glynn County or in other courts established by the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section II, Paragraph I of the Constitution is amended by adding at the end thereof a new paragraph to read as follows: "In addition to all other powers provided, permitted, or allowed by law, the governing authority of Glynn County is hereby empowered to adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this state or of the United States, for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare, and morals of the citizens of Glynn County; to implement and enforce such ordinances; and to prescribe minimum and maximum penalties or punishment for the violation of such ordinances, so that such violation, upon conviction, shall be punishable as for a misdemeanor unless the ordinance shall provide for a lesser penalty. The Superior Court of Glynn County, the State Court of Glynn County, or other courts established by the General Assembly with jurisdiction in Glynn County shall be empowered to hear and determine cases involving violations of county ordinances adopted pursuant to this paragraph, shall have authority to inflict punishment or penalties for the violation of such ordinances, and shall have such other powers as may be provided by law, including civil actions to enforce such ordinances." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize and empower the governing authority of Glynn County to enact ordinances for the governing and policing of said county, to implement and enforce such ordinances, and to provide penalties for the violation of such ordinances; and to authorize the enforcement of such ordinances by proceedings in the Superior Court or State Court of Glynn County or in other courts established by the General Assembly?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: 1904 JOURNAL OF THE HOUSE, Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Andereon Argo Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield YBenn Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks Buck Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark.L Y Colbert Coleman Y Collins Y Colwell Y Connell Y Couch YCox Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis,B Davis,J Davis,L Dean YDent Dixon Y Dobbs Dover Edwards Elliott Y Evans Y Felton Y Fortune Foster Fuller.C YGaler Ginsberg Glover YGodbee Y Greer YHam Hamilton Y Manner Harris Y Harrison Hasty Y Hawkins Hays YHill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin Y Isakson Y Jackson,J Y Jackson.N Y Jackson.W Jessup Y Johnson.G Y Johnson.R Jones,B Y Jones.H Karrh YKemp Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Y Lucas Y Mangum Mann Marcus Y Martin Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Phillips.R.T Phillips.W.R Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Triplett Y Tuten Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Walker Y Wall Ware Y Watson White Y Widener Y Williams.B.J Y Williams.H Y Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 127, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 751. By: Representatives Swann of the 90th, Nicholson of the 88th, Padgett of the 86th, Connell of the 87th and Evans of the 84th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to create, by local law, a merit system of employment for employees of the sheriff in Richmond County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section V, Paragraph II of the Constitution is amended by adding at the end thereof the following: "Notwithstanding any other provision of this Constitution, the General Assembly is authorized to create, by local law, a merit system of employment for all or some of the employees of the sheriff of Richmond County who are paid in whole or in part by county funds." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to authorize the General Assembly to create, by local law, a merit system of employment for all or some ( ) NO of the employees of the sheriff in Richmond County?" WEDNESDAY, MARCH 10, 1982 1905 All persons desiring to vote in favor of ratifying the proposed amendment shall vote i ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Argo Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield YBenn Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks Buck Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark.L Y Colbert Coleman Y Collins Y Colwell Y Connell Y Couch YCox Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daughterly Y Davis.B Davis.J Davis.L Dean YDent Dixon Y Dobbs Dover Edwards Elliott Y Evans Y Felton Y Fortune Foster Fuller.C Y Galer Ginsberg Glover Y Godbee Y Greer YHam Hamilton Y Manner Harris Y Harrison Hasty Y Hawkins Hays Y Hill Y Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N Y Jackson,W Jessup Y Johnson.G Y Johnson.R Jones,B Y Jones.H Karrh Y Kemp Kilgore Lambert Y Lane,D Y Lane,R Y Lawson YLee Y Logan Y Long YLord YLowe Y Lucas Y Mangum Mann Marcus Y Martin Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y 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.R.T Phillips.W.R Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell Savage Y Scott.A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre Y Snow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Triplet! Y Tuten Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Walker Y Wall Ware Y Watson White Y Widener Y Williams.B.J Y Williams.H Y Williams.R Y Wilson Y Wood,J Y Wood.J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 127, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 753. By: Representative- Dobbs of the 74th: A RESOLUTION Proposing an amendment to the Constitution so as to change the provisions relating to homestead exemptions for residents of Newton County so that each resident shall receive a $4,000.00 exemption from county and school ad valorem taxes and certain elderly and disabled residents may receive an $8,000.00 exemption; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is amended by striking all language added by the amendment set out at Ga. L. 1980, p. 2172, by striking 1906 JOURNAL OF THE HOUSE, all language added by the amendment set out at Ga. L. 1980, p. 2187, and by adding at the end of the paragraph the following new paragraph: "With respect to Newton County and Newton County School District ad valorem taxes, residents of Newton County shall not be entitled to the homestead exemptions granted by the other paragraphs of this Paragraph IV, except that a disabled veteran may be entitled to the homestead exemption granted especially to disabled veterans. The exemptions specified in this paragraph shall apply to all Newton County and Newton County School District taxes, including taxes to retire bonded indebtedness, but shall not affect any other taxes. Two thousand dollars of the assessed value of the homestead of each resident of Newton County shall be exempt. In addition to said exemption, $8,000.00 of the value of the homestead of each resident of Newton County who is sixtytwo years of age or over or disabled shall be exempt if his or her income does not exceed $10,000.00 for the immediately preceding year. For purposes of this paragraph, the term 'income' means federal adjusted gross income of the taxpayer and his or her spouse except that the term 'income' shall not include federal social security benefits or other retirement, survivor, or disability benefits except those which are in excess of the maximum amount authorized to be received by an individual and his or her spouse under the federal social security law. For purposes of this paragraph, the term 'disabled' means that a person is permanently mentally or physically incapacitated to the extent that he or she is unable to be gainfully employed. This paragraph is self-executing, but the General Assembly shall have full authority to pass local legislation relating to the implementation of this paragraph. This paragraph shall apply to all taxable years beginning on or after January 1, 1983." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to change the provisions relating to homestead exemptions for residents of Newton County so that each resident shall receive a $4,000.00 exemption from county and school ad valorem taxes and certain elderly and disabled residents may receive an $8,000.00 exemption?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y AdamsJ Y Adams.M Y Aiken Y Anderson Argo Auten Y Balkcom Y Bargeron Y Baugh Beal Y Beck Y Benefield Y Benn Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks Buck Burruss Y Burton Y Byrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Collins Y Colwell Y Connell Y Couch Y Cox Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis,B Davis,J Davis.L Dean Y Dent Dixon Y Dobbs Dover Edwards Elliott Y Evans Y Felton Y Fortune Foster Fuller.C Y Galer Ginsberg Glover Y Godbee Y Greer Y Ham Hamilton Y Hanner Harris Y Harrison Hasty Y Hawkins WEDNESDAY, MARCH 10, 1982 1907 Hays Y Hill Y Holmes Y Hooks YHome Y Hutchinson Ylrvin Ylsakson YJacksonJ Y Jackson.N YJackson.W Jeraup YJohnson,G YJohnson.R Jones,B YJones.H Karrh YKemp Kilgore Lambert Y Lane.D YLane.R Y Lawson Y Lee Y Logan Y Long Y Lord Y Lowe Y Lucas Y Mangum Mann Marcus Y Martin Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y 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 Phmips,R.T Phillips.W.R Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Robinson Y Rose Y Rons Y Rowland Y Russell Savage Y Scott.A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith,V Smyre Y Snow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Triplett Y Tuten Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Walker Y Wall Ware Y Watson White Y Widener Y Williams.B.J Y Williams,H Y Williams.R Y Wilson Y Wood.J Y Wood.J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 127, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. SB 664. By: Senator Bryant of the 3rd: A BILL to amend an Act creating a new charter for the Town of Pooler, so as to extend the corporate limits of the Town of Pooler; and for other purposes. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend SB 664 as follows: 1. Delete Lines 26 and 27 on Page 1 and Lines 1 through 6 on page 2 and insert in lieu thereof: "a distance of 530.0 feet, more or less, to the southerly property line of Union Camp's Harry H. Anderson Tract; extend thence along said Union Camp property line North 89 35* 00" East a distance of 330.0 feet, more or less, to a concrete monument located at the southeast corner of said Anderson Tract and the southwesterly property line of Union Camp's S. A. Alien, Inc. Tract; running thence South 24 19' 00" East along said property line to the Northeasterly corner of 2. Delete Lines 3 through 10 on page 3 and insert in lieu thereof: "8,425.00 feet, more or less, to a point at the intersection with the easterly property line of lands of G. Philip Morgan, Jr., et al.; extend thence North 19 04' 00" East a distance of 230.0 feet to a point; extend thence North 18 02' 00" East a distance of 1,124.0 feet to a point on the northerly right-of-way line of a canal; extend thence along said canal right-of-way line North 65 55' 00" West a distance of 472.0 feet to a point; continuing thence along said canal right-of-way line North 43 31' 00" West a distance of 298.0 feet to a point at the intersection with the easterly right-of-way line of Wildcat Dam Road, said Road being at the existing corporate limit line of Bloomingdale, Georgia; extend thence along said easterly right-of-way line of Wildcat Dam Road North 28 33' 00" East a distance of 1,428.0 feet to a point; extend thence South 73 42' 00" East a distance of 480.0 feet to a point; extend thence North 18 27' 00" East for a distance of 850.0 feet, more or less, to the southerly right-of-way line of U. S. Highway 80; extend thence" 3. Add: 1908 JOURNAL OF THE HOUSE, ALSO ALL that certain lot, tract or parcel of land beginning at the point of intersection of the southerly right-of-way of Pipemaker's Canal with the westerly right-of-way line of Benton Drive; extend thence along said westerly right-of-way line of Benton Drive for a distance of 400.00', more or less, to the existing corporate limits at Ceme- tery Road; extend thence westerly along the said corporate limits at Cemetery Road to the southeasterly property line of Union Camp's S. A. Alien, Inc. Tract, and the corporate limits line; and extend thence along said property line in a northeasterly direction to the Point of Beginning. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House: SB 716. By: Senator Kidd of the 25th: A BILL to amend an Act creating and establishing a Small Claims Court for Hancock County, so as to change the provisions relating to the collection and utilization of court costs; to provide a salary for the judge of the small claims court in lieu of the fee system of compensation; to change the provisions relating to court costs; and for other purposes. SB 719. By: Senator Brown of the 47th: A BILL to amend an Act creating the office of tax commissioner of Hart County, so as to place the tax commissioner on an annual salary in lieu of the salary plus commission system of compensation; and for other purposes. HB 1471. By: Representative Dobbs of the 74th: A BILL to amend an Act incorporating and granting a new charter to the City of Covington, so as to provide that any sale or conveyance of the city cable television system shall first be approved by the qualified voters of the city voting in a special election; and for other pur- poses. HB 1622. By: Representative Dobbs of the 74th: A BILL to grant to the Newton County probate court jurisdiction over violations of ordinances of Newton County; to provide for a prosecuting attorney and for practices and procedures; and for other purposes. HB 1640. By: Representative Hutchinson of the 133rd: A BILL to provide for a board of elections in each county of this state having a population of not less than 11,675 nor more than 11,725 according to the United States decennial census of 1980 or any future such census; and for other purposes. HB 1644. By: Representatives Rowland of the 119th and Coleman of the 118th: A BILL to amend an Act placing the sheriff of Laurens County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes. WEDNESDAY, MARCH 10, 1982 1909 HB 1646. By: Representatives Johnson, Benefield, Lee and Wood of the 72nd: A BILL consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the office of Tax Commissioner, so as to change the provisions relative to the compensation of the tax commissioner; to change the provisions relative to the compensation of the deputy tax commissioner; and for other purposes. HB 1647. By: Representatives Johnson, Benefield, Lee and Wood of the 72nd: A BILL to amend an Act creating the Board of Commissioners of Clayton County, so as to change the provisions relative to the compensation of the Chairman; and for other purposes. HB 1649. By: Representatives Johnson, Benefield, Lee and Wood of the 72nd: A BILL to amend an Act placing the Judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer; and for other purposes. HB 1650. By: Representatives Johnson, Benefield, Lee and Wood of the 72nd: A BILL to amend an Act placing the Sheriff and Clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to change the compensation of the deputy clerk of the clerk of the superior court; and for other purposes. HB 1651. By: Representatives Johnson, Benefield, Lee and Wood of the 72nd: A BILL to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the compensation of the judges and solicitor of said court; and for other purposes. HB 1653. By: Representatives Anderson, Hasty and Harris of the 8th: A BILL to amend an Act creating the office of commissioner of Cherokee County, so as to change the compensation of the commissioner of said county; and for other purposes. HB 1661. By: Representative Jones of the 78th: A BILL to amend an Act creating a new charter for the City of Milner, so as to change certain provisions relative to the time of election of the mayor and members of the city council; and for other purposes. HB 1662. By: Representative Jones of the 78th: A BILL to place the coroner of Lamar County on an annual salary in lieu of a fee system; and for other purposes. HB 1663. By: Representative Jones of the 78th: A BILL to amend an Act abolishing the fee system of compensating the Tax Commissioner of Lamar County and providing for an annual salary, so as to change the compensation of the tax commissioner; and for other purposes. HB 1664. By: Representatives Godbee of the 82nd and Lane of the 81st: A BILL to amend an Act creating a Board of Commissioners of Bulloch County, so as to change the provisions relative to the compensation of the clerks; and for other pur- poses. HB 1665. By: Representatives Godbee of the 82nd and Lane of the 81st: A BILL to amend an Act placing the judge of the probate court of Bulloch County upon an annual salary, so as to change the compensation of the clerk; and for other purposes. 1910 JOURNAL OF THE HOUSE, HB 1666. By: Representatives Godbee of the 82nd and Lane of the 81st: A BILL to amend an Act creating the office of Tax Commissioner of Bulloch County, so as to change the compensation of the tax commissioner's assistants; and for other purposes. HB 1667. By: Representatives Godbee of the 82nd and Lane of the 81st: A BILL placing the Clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk's employees; and for other purposes. HB 1668. By: Representatives Godbee of the 82nd and Lane of the 81st: A BILL to amend an Act placing the Sheriff of Bulloch County upon an annual salary, so as to change the compensation of the sheriffs deputies and office clerk; and for other purposes. HB 1669. By: Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th: A BILL to amend the charter of the City of Valdosta, so as to redefine the corporate limits of said city; and for other purposes. HB 1674. By: Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th: A BILL to provide for members of the board of the hospital authority of Clarke County; to provide for the appointment of members, their terms, and qualifications; and for other purposes. HB 1675. By: Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th: A BILL to amend an Act establishing a City Court in the County of Clarke (now known as the State Court of Clarke County, Georgia), so as to provide that the judge of that court shall not engage in the private practice of law; to provide for compensation of the judge; to provide for an assistant solicitor of the court, and the appointment, qualifications, powers, duties, and compensation thereof; and for other purposes. HB 1679. By: Representative Chamberlin of the 73rd: A BILL to amend an Act creating the Henry County Development Authority, so as to provide for the appointment of the members of the authority; to provide for the selection of the officers of the authority; and for other purposes. HB 1680. By: Representative Chamberlin of the 73rd: A BILL to amend an Act providing a new board of commissioners of Henry County, so as to change the description of the commissioner districts; to clarify that elections and terms under the newly described districts shall remain the same as under these districts as for- merly described; and for other purposes. HB 1681. By: Representative Chamberlin of the 73rd: A BILL to amend an Act creating the Henry County Water and Sewerage Authority, so as to provide for the membership of the authority; and for other purposes. HB 1687. By: Representative Jackson of the 77th: A BILL to amend an Act incorporating the City of Grovetown, Georgia, so as to change the provisions relating to the City Court of Grovetown; to provide for the judge of said court; to provide for penalties for violation of ordinances; and for other purposes. HB 1689. By: Representative Crawford of the 5th: A BILL to amend an Act creating the office of commissioner of Chattooga County, so as to change procedures for disposal of county property; to provide for sales by public auction; and for other purposes. WEDNESDAY, MARCH 10, 1982 1911 HB 1690. By: Representative Auten of the 154th and Tuten of the 153rd: A BILL to amend an Act creating the Brunswick-Glynn County Charter Commission, so as to extend the time within which said commission shall complete its work; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House: SR 321. By: Senator Foster of the 50th: A RESOLUTION proposing an amendment to the Constitution so as to provide that unless the joint county and municipal sales and use tax is approved for imposition within Towns County prior to November 1, 1982, then the Board of Education of the Towns County School District shall be required to impose, levy, and collect a 1 percent sales and use tax for educational purposes; and for other purposes. HR 594. By: Representative Dobbs of the 74th: A RESOLUTION proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Covington in an amount to be fixed by the governing authority of the city at not more than $20,000.00 from all ad valorem taxes levied and collected by the city; and for other purposes. HR 705. By: Representative Adams of the 79th: A RESOLUTION proposing an amendment to the Constitution so as to enlarge and expand upon the types and kinds of projects which the Thomaston-Upson County Industrial Development Authority may undertake and in which it may be engaged; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House: HB 1673. By: Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th: A BILL providing for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia and the Recorder's Court of the City of Athens, Georgia, into one court, so as to provide that appeals of civil cases from that court shall be to the State Court of Clarke County, Georgia; and for other purposes. HB 1191. By: Representative Phillips of the 125th: A BILL to amend Code Chapter 3-10, relating to limitations of actions for torts, so as to change the fire departments to which Code Section 3-1004.1 is applicable; to renumber Code Section 3-1004.1; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House: HB 1259. By: Representative Adams of the 36th: A BILL to amend an Act known as the "Georgia Residential Finance Authority Act," so as to change the maximum amount of bonds and notes which the authority may have outstanding at any one time; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1337. By: Representatives Lambert of the 112th and Argo of the 63rd: A BILL to amend Chapter 42-5 of the Official Code of Georgia Annotated, relating to state 1912 JOURNAL OF THE HOUSE, and county correctional institutions, so as to provide that persons convicted of crimes whose confinement shall be served in institutions under the control of the Department of Offender Rehabilitation shall not remain in confinement in local prison facilities while their conviction is on appeal; to change the provi- sions relative to the delivery of custody of inmates to the Department of Offender Rehabilitation; and for other purposes. HB 73. By: Representatives Phillips of the 125th and Swann of the 90th: A BILL to amend Code Section 26-1812, relating to the punishment for certain crimes of theft, so as to change the penalty provisions relating to the crimes of theft; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House: SB 103. By: Senator Howard of the 42nd: A BILL to amend Code Section 42-302B, prohibiting certain representations relating to the sale of Kosher food, so as to remove certain exemptions relating to advertising; and for other purposes. SB 644. By: Senators Wessels of the 2nd and Coleman of the 1st: A BILL to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the provisions relating to proceedings for forfeiture of bonds or recognizances; to provide that judgment of forfeiture shall not be entered in cases where the defendant has not been brought to trial for a period of three years; and for other purposes. SB 646. By: Senator Allgood of the 22nd: A BILL to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, which article relates to liens, so as to require that certain claims for lien be executed under oath; to change bonding amounts; and for other purposes. SB 710. By: Senators English of the 21st, Gillis of the 20th, Walker of the 19th and others: A BILL to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, so as to provide for a program of grants to Georgia residents for attendance at colleges of osteopathic medicine; and for other purposes. HB 460. By: Representative Beck of the 148th: A BILL to amend an Act providing for the transfer of functions, personnel, and equipment from the State Building Administrative Board to the Dept. of Community Affairs, so as to add a municipal or county code enforcement official to the advisory board to the commissioner of the Dept. of Community Affairs; and for other purposes. HB 1175. By: Representatives Savage of the 25th, Kemp of the 139th, Clark of the 13th, Davis of the 45th and Chamberlin of the 73rd: A BILL to amend Code Section 16-11-64 of the Official Code of Georgia Annotated, relating to the use of wiretapping, eavesdropping, and other surveillance devices by law enforcement officers, so as to authorize the use of such devices in investigating crimes involving importation or sale of controlled substances; and for other purposes. HB 1205. By: Representatives Richardson of the 52nd, Felton of the 22nd, Childs of the 51st, and Lowe of the 43rd: A BILL to amend Code Section 36-2-2 of the Official Code of Georgia Annotated, relating to residents of militia districts, so as no longer to require residents constituting a militia district to be males; and for other purposes. WEDNESDAY, MARCH 10, 1982 1913 HB 1207. By: Representatives Johnson, Lee, Benefield and Wood of the 72nd: A BILL to amend Code Chapter 84-14, relating to real estate brokers and salespersons, so as to provide limitations upon certain actions; to provide for the continuation of the Georgia Real Estate Commission and the laws relating thereto but to provide for the later termination of such commission and laws; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1336. By: Representatives Lambert of the 112th and Argo of the 63rd: A BILL to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Offender Rehabilitation and to prisons, public works camps and prisoners, so as to change the responsibility for the payment of certain medical costs incurred by certain inmates; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1399. By: Representative Ross of the 76th: A BILL to amend an Act known as the "Georgia Professional Standards Act," so as to delete the expiration date from said Act; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1249. By: Representative Darden of the 19th: A BILL to amend an Act known as the "Development Authorities Law," so as to redefine the term "cost of project"; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1386. By: Representative Bishop of the 94th: A BILL to amend Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Factory for the Blind, so as to redesignate said agency as the Georgia Industries for the Blind; to change a reference to factory to industry or industries; and for other purposes. SB 720. By: Senator Starr of the 44th: A BILL to amend an Act known as the "Statewide Prohibition Act," so as to provide for a special term of probation for persons convicted of certain violations of the "Georgia Controlled Substances Act" in addition to any term of imprisonment; to provide for additional years of special probation for second or subsequent offenders; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. SB 713. By: Senators Gillis of the 20th, Robinson of the 27th, Cobb of the 28th and McGill of the 24th: A BILL to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for certain transactions, agreements, and relationships involving tractors, farm equipment and implements, or parts; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 244. By: Senator Kidd of the 25th: A RESOLUTION to amend Resolution Act No. 1 (House Resolution No. 4) adopted at the 1981 extraordinary session of the General Assembly, which resolution proposes a new Constitution for the State of Georgia, so as to change the provisions relating to the County Court of Baldwin County and the County Court of Putnam County; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bill of the House: 1914 JOURNAL OF THE HOUSE, HB 1339. By: Representative Johnson of the 72nd: A BILL to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change the requirements relating to the remission of employee and employer contributions; to provide for a penalty in the case of the failure or refusal of the employer to remit timely the employee and employer contributions; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the Senate: SB 589. By: Senators Gillis of the 20th, English of the 21st, McGill of the 24th and others: A BILL to amend the "Appellate Procedure Act of 1965," so as to provide that the giving of or failure to give a jury instruction may not be complained of in criminal appeals unless a timely objection was made at trial; to amend the Offi- cial Code of Georgia Annotated accordingly; and for other purposes. SB 684. By: Senators Engram of the 34th, Starr of the 44th, Gillis of the 20th and others: A BILL to amend Code Chapter 88-3A, relating to public health law inspection warrants, so as to change the definition of inspection warrant; to provide for persons who may obtain inspection warrants; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House: HB 638. By: Representatives Fuller of the 16th, Adams of the 14th and Childers of the 15th: A BILL to amend the "Children and Youth Act," so as to change the definition relating to family day-care homes; and for other purposes. HB 1261. By: Representatives Parham of the 109th and Baugh of the 108th: A BILL to amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, so as to continue the State Board of Pharmacy and the laws relating thereto but to pro- vide for the later termination of the board and the laws relating thereto; to amend the Official Code of Georgia Annotated accordingly; and for other pur- poses. HB 1335. By: Representatives Lambert of the 112th and Argo of the 63rd: A BILL to provide for a statement of purpose; to provide for the declaration of an emergency with regard to jail and prison overcrowding by the Governor; to provide for the release of state prison inmates by the State Board of Pardons and Paroles without regard to time-served requirements; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SB 103. By: Senator Howard of the 42nd: A BILL to amend Code Section 42-302B, prohibiting certain representations relating to the sale of Kosher food, so as to remove certain exemptions relating to advertising; and for other purposes. Referred to the Committee on Industry. SB 589. By: Senators Gillis of the 20th, English of the 21st, McGill of the 24th and others: A BILL to amend the "Appellate Procedure Act of 1965," so as to provide that WEDNESDAY, MARCH 10, 1982 1915 the giving of or failure to give a jury instruction may not be complained of in criminal appeals unless a timely objection was made at trial; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on Special Judiciary. SB 644. By: Senators Wessels of the 2nd and Coleman of the 1st: A BILL to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the provisions relating to proceedings for forfeiture of bonds or recognizances; to provide that judgment of forfeiture shall not be entered in cases where the defendant has not been brought to trial for a period of three years; and for other purposes. Referred to the Committee on Judiciary. SB 646. By: Senator Allgood of the 22nd: A BILL to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, which article relates to liens, so as to require that certain claims for lien be executed under oath; to change bonding amounts; and for other purposes. Referred to the Committee on Judiciary. SB 684. By: Senators Engram of the 34th, Starr of the 44th, Gillis of the 20th and others: A BILL to amend Code Chapter 88-3A, relating to public health law inspection warrants, so as to change the definition of inspection warrant; to provide for persons who may obtain inspection warrants; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on Judiciary. SB 710. By: Senators English of the 21st, Gillis of the 20th, Walker of the 19th and others: A BILL to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, so as to provide for a program of grants to Georgia residents for attendance at colleges of osteopathic medicine; and for other purposes. Referred to the Committee on Appropriations. SB 713. By: Senators Gillis of the 20th, Robinson of the 27th, Cobb of the 28th and McGill of the 24th: A BILL to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for certain transactions, agreements, and relationships involving tractors, farm equipment and implements, or parts; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. SB 716. By: Senator Kidd of the 25th: A BILL to amend an Act creating and establishing a Small Claims Court for Hancock County, so as to change the provisions relating to the collection and utilization of court costs; to provide a salary for the judge of the small claims court in lieu of the fee system of compensation; to change the provisions relating to court costs; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 719. By: Senator Brown of the 47th: A BILL to amend an Act creating the office of tax commissioner of Hart County, so as to place the tax commissioner on an 1916 JOURNAL OF THE HOUSE, annual salary in lieu of the salary plus commission system of compensation; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 720. By: Senator Starr of the 44th: A BILL to amend an Act known as the "Statewide Prohibition Act," so as to provide for a special term of probation for persons convicted of certain violations of the "Georgia Controlled Substances Act" in addition to any term of imprisonment; to provide for additional years of special probation for second or subsequent offenders; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on Judiciary. SR 244. By: Senator Kidd of the 25th: A RESOLUTION to amend Resolution Act No. 1 (House Resolution No. 4) adopted at the 1981 extraordinary session of the General Assembly, which resolution proposes a new Constitution for the State of Georgia, so as to change the provisions relating to the County Court of Baldwin County and the County Court of Putnam County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SR 321. By: Senator Foster of the 50th: A RESOLUTION proposing an amendment to the Constitution so as to provide that unless the joint county and municipal sales and use tax is approved for imposition within Towns County prior to November 1, 1982, then the Board of Education of the Towns County School District shall be required to impose, levy, and collect a 1 percent sales and use tax for educational purposes; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. Representative Holmes of the 39th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House: HB 842. By: Representative Holmes of the 39th: A BILL to amend Code Section 34-604, relating to deputy registrars under the Georgia Election Code, so as to provide for the appointment in certain circumstances of persons who apply to be deputy registrars; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Y Aaron N Adams.G Y Adams,J Adams,M Y Aiken Y Anderson Argo Auten N Balkcom N Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Birdsong Y Bishop Y Bolster Branch YBray Y Brooks YBuck Burruss N Burton NByrd Y Cason Y Castleberry Y Chamberlin Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Colbert N Coleman Y Collins Colwell Connell Y Couch Cox Crawford N Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis.B Davis,J Davis.L Dean Y Dent Dixon Dobbs Dover Edwards Elliott Evans N Felton Y Fortune N Foster Fuller.C Y Galer Ginsberg Glover N Godbee Y Greer YHam Hamilton Y Manner Harris N Harrison Hasty Y Hawkins Hays YHill Y Holmes Y Hooks Y Home Y Hutchinson Irvin Y Isataon Y Jackson.J Jackson,N Y Jackson, W Jessup Johnson,G Y Johnson,R Jones,B Y Jones.H Karrh YKemp Kilgore Lambert N Lane,D N Lane.R Y Lawson YLee Y Logan YLong NLord Y Lowe Y Lucas N Mangum WEDNESDAY, MARCH 10, 1982 1917 Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald McKinney N Miles YMilford Y Montgomery Moody N Moore Mostiler Y Mullinax Y Nicholson N Nix N Oliver Y Padgett Y Parham N Patten N Perry N Peters Y Phillips,B Phillips,L.L PhiIlips,R.T N Phillips.W.R Pilewicz Pinkston Y Rainey N Ralston N Ramsey Y Randall N Reaves Y Richardson Robinson Y Rose N Ross Y Rowland Y Russell Savage Y Scott,A Y Scott,D Y Shepard N Sherrod N Sizemore Y Smith.T Smith,V Y Smyre Snow Y Steinberg Y Swann Thomas N Thompson Townsend Triplett N Tuten Twiggs N Vandiford Vaughn N Veazey Y Waddle Walker Y Wall Ware Watson White N Widener N Williams,BJ Y Williams.H N Williams.R N Wilson Y Wood.J Y Wood,J.T Y Workman Speaker Murphy On the motion, the ayes were 82, nays 37. The motion prevailed. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HR 533. By: Representatives McDonald of the 12th and Martin of the 60th: A RESOLUTION To amend a resolution creating the State-wide Fire Protection Study Committee, approved April 14, 1981 (Ga. L. 1981, p. 1517), so as to provide that the Director of the Institute of Government of the University of Georgia or his representative may serve as a member of the committee; to extend the date for recommendations by the committee; to change the date on which the committee shall stand abolished; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. A resolution creating the State-wide Fire Protection Study Committee, approved April 14, 1981 (Ga. L. 1981, p. 1517), is amended by striking paragraph (14) of subsection (b) of Section 1 in its entirety and substituting in lieu thereof a new paragraph (14) to read as follows: "(14) The Director of the Institute of Government of the University of Georgia or his representative." Section 2. Said resolution is further amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: "Section 5. The committee shall be charged with the responsibility for having its recommendations for legislation prepared and submitted to the Governor and to the General Assembly on or before July 1, 1982 1983. The committee shall also recommend a plan for improving communications and coordination among the various state agencies and state-wide organizations involved in fire protection and fire prevention services and emergency medical services. Such plan shall be submitted to the involved agencies and organizations on or before July 1, 1082 1983, on which date the committee shall stand abolished." Section 3. This resolution 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 resolution are repealed. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. 1918 JOURNAL OF THE HOUSE, On the adoption of the Resolution, the ayes were 100, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 1513. By: Representative Home of the 104th: A BILL to amend Code Section 56-1022, relating to authorized investments by insurers, so as to provide that insurers may invest in bonds, notes, or other evidences of indebtedness which are secured by mortgage or deed of trust or deed to secure debt insured in whole or in part by a private mortgage insurance company under certain conditions; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Title 56, known as the "Georgia Insurance Code," as amended, so as to provide that an insurer authorized to transact mortgage guaranty insurance in this state may invest in certain securities which are fully guaranteed or insured by a governmental agency or an insurer authorized to transact mortgage guaranty insurance; to provide that the Commissioner may, in his discretion, grant, deny, or revoke the authority of an insurer to invest in or to continue its investment in such securities if he shall determine that such continued investments would be hazardous to such insurer's policyholders or to the public; to provide that the Commissioner shall give any such company a reasonable period of time to dispose of such nonconforming investments; to provide that the Commissioner may, in his discretion, grant extensions of time or exceptions relative to the disposition of such investments; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Title 56, known as the "Georgia Insurance Code," as amended, is amended by adding a new Code Section 56-1022.1, immediately following Code Section 56-1022, to read as follows: "56-1022.1. Additional Investment Authority of Insurers, (a) In addition to the investment authority granted to insurers under Code Sections 56-1016, 56-1022, and other applicable provisions of this title, an insurer authorized to transact insurance in this state, other than an insurer authorized to transact mortgage guaranty insurance, may invest in, purchase, or hold a mortgage or a mortgage participation, pass-through, conventional pass-through, trust certificate, or other similar security which represents an undivided, beneficial interest in a pool of loans secured by first mortgages, deeds of trust, or deeds to secure debt upon fee simple, unencumbered, improved, or incomeproducing real property located in the United States or Canada, which is improved with a residential building or a condominium unit or buildings designed for occupancy by not more than four families, including leasehold estates in such real estate if such first mortgages, deeds of trust, or deeds to secure debt are fully guaranteed or insured by the Federal Housing Administration, the Veterans' Administration, the Farmers Home Administration, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the Federal National Mortgage Association, or any other similar governmental entity or instrumentality or by an insurer authorized to transact mortgage guaranty insurance in this state in accordance with such rules and regulations as may be promulgated by the Commissioner after due notice and hearing. (b) Notwithstanding any provisions of this title which might be construed to the contrary, the Commissioner may, in his discretion, grant, deny, or revoke the authority of WEDNESDAY, MARCH 10, 1982 1919 any authorized insurer to invest in or to continue to hold its investment in such securities if, after due notice and hearing, he shall determine that such continued investments would be hazardous to such insurer's policyholders or to the public. In such event, the Commissioner shall give such company a reasonable period of time, not to exceed three years, to dispose of such investments as otherwise provided for in this title, subject to such extensions of time or exceptions as the Commissioner, in his discretion, may grant." Part 2 Section 2. Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments, is amended by adding a new Code Section 33-11-25.1, immediately following Code Section 33-11-25, to read as follows: "33-11-25.1. (a) In addition to the investment authority granted to insurers under Code Sections 33-11-20, 33-11-21, and other applicable provisions of this title, an insurer authorized to transact insurance in this state, other than an insurer authorized to transact mortgage guaranty insurance, may invest in, purchase, or hold a mortgage or a mortgage participation, pass-through, conventional pass-through, trust certificate, or other similar security which represents an undivided, beneficial interest in a pool of loans secured by first mortgages, deeds of trust, or deeds to secure debt upon fee simple, unencumbered, improved, or income-producing real property located in the United States or Canada, which is improved with a residential building or a condominium unit or buildings designed for occupancy by not more than four families, including leasehold estates in such real estate if such first mortgages, deeds of trust, or deeds to secure debt are fully guaranteed or insured by the Federal Housing Administration, the Veterans' Administration, the Farmers Home Administration, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the Federal National Mortgage Association, or any other similar governmental entity or instrumentality or by an insurer authorized to transact mortgage guaranty insurance in this state in accordance with such rules and regulations as may be promulgated by the Commissioner after due notice and hearing. (b) Notwithstanding any provisions of this title which might be construed to the contrary, the Commissioner may, in his discretion, grant, deny, or revoke the authority of any authorized insurer to invest in or to continue to hold its investment in such securities if, after due notice and hearing, he shall determine that such continued investments would be hazardous to such insurer's policyholders or to the public. In such event, the Commissioner shall give such company a reasonable period of time, not to exceed three years, to dispose of such investments as otherwise provided for in this title, subject to such extensions of time or exceptions as the Commissioner, in his discretion, may grant." Parts Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Burruss of the 21st assumed the Chair. 1920 JOURNAL OF THE HOUSE, HB 1315. By: Representatives Lambert of the 112th and Argo of the 63rd: A BILL to amend an Act establishing the Employees' Retirement System of Georgia, so as to change the employee contribution rate; to provide for a new and different benefits structure for employees who become members of the system on and after July 1, 1982; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to change the employee membership contribution rate; to make a legislative determination; to provide for retirement allowances and other provisions applicable to persons who first or again become employees and members of the Employees' Retirement System on or after July 1, 1982; to provide for employee membership contributions; to provide for employer contributions; to provide for optional elections; to specify provisions of the "Employees' Retirement System Act" which are not applicable to certain members; to provide that members shall have and be subject to all other rights, privileges, obligations, and duties specified by other provisions of the "Employees' Retirement System Act"; to provide that certain parts of this Act do not apply to certain members; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, is amended by adding a new paragraph (b.l) after paragraph (b) of subsection (8) of Section 8, which shall read as follows: "(b.l) It is determined by the General Assembly of Georgia that an adjustment in the compensation of state employees is necessary to assure the future actuarial soundness of the Employees' Retirement System of Georgia, and to preserve and protect the fiscal integrity of the Employees' Retirement System so as to insure the future payment of retirement benefits and allowances to those entitled to same. Therefore, in addition to the employee membership contributions required by paragraph (b) above, from and after July 1, 1982, as an adjustment in compensation, each employer shall cause to be deducted from the earnable compensation of each member for each and every payroll period an additional one percent of such earnable compensation. This additional one percent deducted from the earnable compensation of members shall be paid monthly to the Board of Trustees and shall be credited to the individual accounts of the members in the annuity savings fund. This paragraph shall not be construed and is not intended so as to have any effect whatsoever on any amounts of contributions paid to any retirement system other than the Employees' Retirement System of Georgia." Section 2. Said Act is further amended by adding at the end thereof a new section to read as follows: "(1) Except where indicated clearly to the contrary by the contest, the word 'member' as used in this section shall mean any employee who first or again becomes a member of the Employees' Retirement System of Georgia on or after July 1, 1982. From and after July 1, 1982, every person first or again becoming an employee entitled to a new membership in the Employees' Retirement System of Georgia shall become a member subject to this section. (2) Every member subject to this section shall, upon becoming eligible under the provisions of the Employees' Retirement System Act, be entitled to a service retirement allowance, which shall consist of: WEDNESDAY, MARCH 10, 1982 1921 (a) An annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement; and (b) An annual pension which, together with the annuity, shall provide a total retirement allowance equal to 1.5 percent of the member's average final compensation over the eight consecutive quarters of creditable service producing the highest such average, multiplied by the number of his years of creditable service. The calculation of retirement benefits or allowances for any other form or type of retirement shall also be based upon the foregoing method of calculation. (3) From and after July 1, 1982, every member subject to this section shall contribute employee membership contributions in the amount of Va of one percent of earnable compensation, which shall be deducted by each employer from the earnable compensation of each member for each and every payroll period and paid monthly to the Board of Trustees. Of the '/2 of one percent deducted from the earnable compensation of members, 1A of one percent shall be credited to the individual accounts of the members in the annuity savings fund and the remaining Vt of one percent shall be credited to the group term life insurance fund in lieu of any other deduction therefor. In the event a member is not covered by group term life insurance, the entire V4 of one percent deducted from the member's earnable compensation shall be credited to his individual account in the annuity savings fund. (4) From and after July 1, 1982, each employer shall pay monthly to the Board of Trustees, on behalf and to the credit of each member, employer contributions in an amount equal to the aggregate amount of employer contributions plus employee contributions made by the employer as required by the Employees' Retirement System Act for and on behalf of persons within the membership of the Employees' Retirement System who are not subject to this section. None of these employer contributions shall be considered as accumulated contributions of the member and none shall be eligible for withdrawal by the member upon cessation of State service. (5) Membership under this section shall be optional for any persons who are within the membership of the Employees' Retirement System on June 30, 1982. Any such per- sons may elect in writing on a form to be provided by the Board of Trustees to become a member subject to this section at any time on or after July 1, 1982. This written election shall be final and cannot be later changed or rescinded. Upon such election, a mem- ber shall be subject to all the provisions, terms and conditions of this section. Provided, however, that the calculation to determine retirement allowances for any person exercising such option shall be made as follows: (1) the retirement allowance shall be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this section; (2) then, the retirement allowance shall also be computed fully as if all creditable service of the member were acquired and calculated under the provi- sions of the Employees' Retirement System Act and the rules and regulations of the Board of Trustees contained other than in this section; (3) then, a benefit amount shall be determined based upon a fractional part of each calculation described above, which fractional part shall be the ratio of the actual years of creditable service to the total years of creditable service used to fully calculate the allowance; and (4) the two benefit amounts so determined shall then be added together to produce the actual retirement allowance. (6) Members subject to this section shall be subject to the following conditions: (a) The provisions of subsection (11) of Section 5 of the Employees' Retirement System Act, as amended, shall not be applicable to members subject to this section; (b) No service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to subsections (3) and (4) of this section; and (c) The provisions of the last two paragraphs of subsection (1) of Section 4 of the Employees' Retirement System Act, as amended, shall not be applicable to members subject to this section. (7) All members subject to this section shall have and be subject to all other rights, privileges, obligations and duties specified by other provisions of the Employees' Retirement System Act, and all such other provisions shall be of full force and effect with respect to any matter not specifically provided for in this section. 1922 JOURNAL OF THE HOUSE, (8) This section shall not be construed and is not intended so as to have any effect whatsoever on persons within the membership of the Employees' Retirement System of Georgia on June 30, 1982, who do not elect in writing to become members subject to this section." Part 2 Section 3. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by adding at the end of Code Section 47-2-54 a new subsection (i) to read as follows: "(i) It is determined by the General Assembly of Georgia that an adjustment in the compensation of state employees is necessary to assure the future actuarial soundness of the Employees' Retirement System of Georgia and to preserve and protect the fiscal integrity of the Employees' Retirement System so as to ensure the future payment of retirement benefits and allowances to those entitled to same. Therefore, in addition to the employee membership contributions required by subsections (b) and (c) of this Code section, from and after July 1, 1982, as an adjustment in compensation, each employer shall cause to be deducted from the earnable compensation of each member for each and every payroll period an additional 1 percent of such earnable compensation. This additional 1 percent deducted from the earnable compensation of members shall be paid monthly to the board of trustees and shall be credited to the individual accounts of the members in the annuity savings fund. This subsection shall not be construed and is not intended so as to have any effect whatsoever on any amounts of contributions paid to any retirement system other than the Employees' Retirement System of Georgia." Section 4. Said chapter is further amended by adding at the end thereof a new Code section, to be designated Code Section 47-2-334, to read as follows: "47-2-334. (a) Except where indicated clearly to the contrary by the contest, the word 'member' as used in this Code section shall mean any employee who first or again becomes a member of the Employees' Retirement System of Georgia on or after July 1, 1982. From and after July 1, 1982, every person first or again becoming an employee entitled to a new membership in the Employees' Retirement System of Georgia shall become a member subject to this Code section. (b) Every member subject to this Code section shall, upon becoming eligible under the provisions of this chapter, be entitled to a service retirement allowance, which shall consist of: (1) An annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement; and (2) An annual pension which, together with the annuity, shall provide a total retirement allowance equal to 1.5 percent of the member's average final compensation over the eight consecutive quarters of creditable service producing the highest such average, multiplied by the number of his years of creditable service. The calculation of retirement benefits or allowances for any other form or type of retirement shall also be based upon the foregoing method of calculation. (c) From and after July 1, 1982, every member subject to this Code section shall contribute employee membership contributions in the amount of one-half of 1 percent of earnable compensation, which shall be deducted by each employer from the earnable compensation of each member for each and every payroll period and paid monthly to the board of trustees. Of the one-half of 1 percent deducted from the earnable compensation of members, one-fourth of 1 percent shall be credited to the individual accounts of the members in the annuity savings fund and the remaining one-fourth of 1 percent shall be credited to the group term life insurance fund in lieu of any other deduction therefor. In the event a member is not covered by group term life insurance, the entire one-half of 1 percent deducted from the member's earnable compensation shall be credited to his individual account in the annuity savings fund. (d) From and after July 1, 1982, each employer shall pay monthly to the board of trustees, on behalf and to the credit of each member, employer contributions in an amount equal to the aggregate amount of employer contributions plus employee contributions made by the employer as required by this chapter for and on behalf of persons WEDNESDAY, MARCH 10, 1982 1923 within the membership of the Employees' Retirement System who are not subject to this Code section. None of these employer contributions shall be considered as accumulated contributions of the member and none shall be eligible for withdrawal by the member upon cessation of state service. (e) Membership under this Code section shall be optional for any persons who are within the membership of the Employees' Retirement System on June 30, 1982. Any such persons may elect in writing on a form to be provided by the board of trustees to become a member subject to this Code section at any time on or after July 1, 1982. This written election shall be final and cannot be later changed or rescinded. Upon such election, a member shall be subject to all the provisions, terms, and conditions of this Code section; provided, however, that the calculation to determine retirement allowances for any person exercising such option shall be made as follows: (1) The retirement allowance shall be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this Code section; (2) Then the retirement allowance shall also be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this chapter and the rules and regulations of the board of trustees contained other than in this Code section; (3) Then a benefit amount shall be determined based upon a fractional part of each calculation described above, which fractional part shall be the ratio of the actual years of creditable service to the total years of creditable service used to calculate fully the allowance; and (4) The two benefit amounts so determined shall then be added together to produce the actual retirement allowance. (f) Members subject to this Code section shall be subject to the following conditions: (1) The provisions of subsection (d) of Code Section 47-2-120 shall not be applicable to members subject to this Code section; (2) No service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to subsections (c) and (d) of this Code section; and (3) The provisions of subsections (a) and (b) of Code Section 47-2-91 shall not be applicable to members subject to this Code section. (g) All members subject to this Code section shall have and be subject to all other rights, privileges, obligations and duties specified by other provisions of this chapter, and all such other provisions shall be of full force and effect with respect to any matter not specifically provided for in this Code section. (h) This Code section shall not be construed and is not intended so as to have any effect whatsoever on persons within the membership of the Employees' Retirement System of Georgia on June 30, 1982, who do not elect in writing to become members subject to this Code section." Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Balkcom Y Bargeron N Baugh Seal Y Beck Y Benefield Benn 1924 JOURNAL OF THE HOUSE, Y Birdsong Y Bishop Bolster Y Branch YBray Y Brooks YBuck Burruss Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark.L Y Colbert Coleman Y Collins Colwell Y Connell Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis,B Y DavisJ Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer YHam Hamilton Manner Y Harris Harrison Y Hasty Y Hawkins NHays YHill Holmes Y Hooks Home Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson.N Jackson.W Y Jessup Y Johnson.G Y Johnson,R Y Jones,B Y Jones,H Y Karrh Kemp Y Kilgore Y Lambert Y Lane,D Lane,R Y Lawson YLee Y Logan Long NLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Matthews Y McCollum Y McDonald McKinney N Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix N Oliver Y Padgett N Parham Patten Y Perry Y Peters Y Phillips3 Y PhiUips,L.L Y PhilliDs,R.T Y Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson YRose YRoss N Rowland Y Russell Y Savage Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg YSwann Y Thomas Y Thompson Y Townsend Y Triplett YTuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker YWall Y Ware Y Watson White Y Widener Y Williams,B J Y Williams,H Y Williams.R Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, by substitute, the ayes were 134, nays 7. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Burton of the 47th stated that he had been called from the floor of the House during the preceding vote. He wished to be recorded as voting "aye" thereon. The Speaker Pro Tem assumed the Chair. HB 1424. By: Representative Adams of the 14th: A BILL to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making tax returns, so as to change the time by which returns shall be submitted; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams.J Y Adams.M Aiken Y Anderson Y Argo Y Auten Balkcom Y Bargeron Y Baugh Beal YBeck N Benefleld YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss N Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark.L Y Colbert Coleman Collins Y Colwell Connell Couch YCox Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis,B Y Davis,J Y Davis.L Dean Dent N Dixon N Dobbs Y Dover Y Edwards Elliott N Evans Y Felton Y Fortune Y Poster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Hanner Y Harris Harrison Hasty Y Hawkins WEDNESDAY, MARCH 10, 1982 1925 Y Hays Hill Y Holmes Hooks Home Y Hutchinson Ylrvin Y Isakson YJckson,J Jackson.N Jackson.W Y Jessup Y Johnson.G YJohnson,R Y Jones.B Y Jones.H Y Karrh Kemp Y Kilgore Lambert Y Lane.D V Lane,R Y Lawson Y Lee YLogan Y Long Y Lord YLowe Y Lucas YMangum Y Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson Nix Y Oliver Padgett Y Parham Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips,R.T N Phillips.W.R Y Pilewicz Y Pinkston Y Rainey N Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson Y Rose Ross Y Rowland Y Russell Y Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre Y Snow Y Steinberg Swann Thomas Thompson Townsend Y Triplett Y Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y Williams,B.J Williams,H Y Williams.R Wilson Y Wood,J Y Wood.J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 127, nays 7. The Bill, having received the requisite constitutional majority, was passed. The Speaker assumed the Chair. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration: SB 666. By. Senator Hudgins of the 15th: A BILL to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, so as to provide that a person, copartnership, association, trust, corporation, or other legal entity may charge, take, and receive interest and charges at any actuarial rate and amount; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following amendment was read: Representative Davis of the 99th moves to amend SB 666 by adding to Part 3, Section 9, page 8, a new subparagraph designated (d): "d. This Act shall stand repealed in its entirety on July 1, 1984." On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Aaron N Adams.G N Adams,J N Adams.M N Aiken Y Anderaon N Argo N Auten Y Balkcom N Bargeron N Baugh N Beal N Beck Y Benefield N Benn N Birdsong N Bishop N Bolster Y Branch N Bray Y Brooks N Buck N Burruss N Burton Y Byrd N Cason N Castleberry Y Chamberlin N Chambless N Chance Y Cheeks Y Childers N Childs N Clark.B N Clark.L N Colbert N Coleman Y Coffins N Colwell N Connell N Couch N Cox Y Crawford N Crosby N Culpepper N Cummings N Darden N Daugherty Y Davis.B Y Davis,J Y Davis.L N Dean N Dent N Dixon Y Dobbs Y Dover N Edwards Elliott Evans N Felton N Fortune N Foster N Fuller.C N Galer Y Ginsberg Glover Y Godbee Y Greer N Ham Hamilton Y Hanner Harris Harrison N Hasty N Hawkins N Hays Hill Y Holmes N Hooks N Home N Hutchinson N Irvin Y Isakson Y Jackson,J Jackson.N 1926 JOURNAL OF THE HOUSE, Y Jackson, W N Jeasup Y Johnson.G Y Johnson.R N Jones,B N Jones.H NKarrh YKemp N Kilgore Y Lambert NLane.D YUne,R Y Lawson YLee NLogan NLong NLord NLowe N Lucas N Mangum NMann N Marcus N Martin Matthews N McCollum N McDonald N McKinney Y Miles N Milford N Montgomery Y Moody Y Moore Y Mostiler N Mullinax N Nicholson YNix Y Oliver N Padgett N Farham N Patten N Perry N Peters N Phillips.B Y Phillips,L.L N PhiHips,R.T Y Phillips,W.R Y Pilewicz N Pinkston Y Rainey Y Ralston NRamsey N Randall Y Reaves N Richardson Robinson NRose NRoss N Rowland N Russell N Savage N Scott,A N Scott.D N Shepard YSherrod Y Sizemore Y Smith,T Smrth.V NSmyre NSnow N Steinberg N Swann Y Thomas Y Thompson N Townsend N Triplett YTuten On the adoption of the amendment, the ayes were 56, nays 109. The amendment was lost. The following amendments were read and lost: Twiggs N Vandiford N Vaughn NVeazey N Waddle Walker NWall N Ware N Watson White N Widener Y Williams.B.J Y Williams.H N Williams.R Y Wilson YWoodJ Y Wood,J.T Y Workman Speaker Murphy Representative Pilewicz of the 41st moves to amend SB 666 by adding to line 34, page 2; line 13, page 3; line 31, page 4; line 10, page 6; line 24, page 6; and line 10, page 8, the following: "In no event shall the total amount of combined interest rate exceed 21% on loans in excess of $5,000." Representative Mangum of the 56th moves to amend SB 666 by changing "5,000.00" to "500.00" on line 9, page 1 line 1, page 2 line 6, page 3 line 21, page 4 line 10, page 5 line 16, page 6 line 28, page 7 The report( of' the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G Y Adams.J Y Adams.M Y Aiken N Anderson YArgo YAuten N Balkcom Y Bargeron Y Baugh Beal YBeck N Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray N Brooks YBuck Y Burruss N Burton NByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks N Childers Y Childs Y Clark.B Y Clark,L Y Colbert Y Coleman N Collins Y Colwell Y Connell Y Couch YCox N Crawford Y Crosby Y Culpepper Y Cummings Y Darden N Daugherty Y Davis.B N Davis.J Y Davis,L YDean YDent N Dixon NDobbs Y Dover Y Edwards Elliott N Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover N God bee Greer NHam Hamilton N Manner Harris Y Harrison Y Hasty N Hawkins YHays NHill N Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson.N N Jackson.W Y Jessup Y Johnson,G N Johnson.R Y Jones.B Y Jones.H Y Karrh N Kemp Y Kilgore Y Lambert NLane.D N Lane,R YLawson N Lee Y Logan YLoHg YLord Y Lowe Y Lucas YMangum Y Mann Y Marcus Y Martin WEDNESDAY, MARCH 10, 1982 Matthews Y McCollum Y McDonald Y McKinney N Miles Y Milford Y Montgomery Y Moody N Moore Y Mostiler YMullinai NNicholson Y Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B N Phillips,L.L Y Phillips,R.T N Phillips.W.R N Pilewicz Y Pinkston N Rainey N Ralston Y Ramsey Y Randall Y Reaves N Richardson Robinson Y Rose Y Ross N Rowland Y Russell Y Savage Y Scott,A Y Scott,D Y Shepard N Sherrod N Sizemore N Smith.T Smith.V Y Smyre Y Snow N Steinberg Y Swann Y Thomas N Thompson Y Townsend Y Triplett N Tuten Twiggs 1927 Y Vandiford Y Vaughn Y Veazey Y Waddle Walker Y Wall Y Ware Y Watson White Y Widener N Williams,BJ N Williams.H Y Willinms.R N Wilson N WoodJ Y Wood^.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 119, nays 47. The Bill, having received the requisite constitutional majority, was passed. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 1673. By: Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th: A BILL providing for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia and the Recorder's Court of the City of Athens, Georgia, into one court, so as to provide that appeals of civil cases from that court shall be to the State Court of Clarke County, Georgia; and for other purposes. The following Senate amendment was read: Amend HB 1673 by striking in its entirety Section 2 on lines 22 through 24 on page 2, which reads as follows: "Section 2. This Act shall become effective on January 1, 1983, and shall apply to the appeals of judgments entered in all civil cases on or after that date.", and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. This Act shall become effective July 1, 1982, and shall apply to the appeals of judgments entered in all civil cases on or after that date." Representative Logan of the 62nd moved that the House agree to the Senate amendment to HB 1673. On the motion, the ayes were 103, nays 0. The motion prevailed. The Speaker Pro Tern assumed the Chair. The following Resolution of the House was read: HR 781. By: Representatives Collins of the 144th, Castleberry of the lllth, Connell of the 87th and Adams of the 79th: 1928 JOURNAL OF THE HOUSE, A RESOLUTION Wishing Honorable Thomas B. Murphy a happy birthday; and for other purposes. WHEREAS, Honorable Thomas B. Murphy, the Speaker of the House, is on this date, March 10, 1982, celebrating his fifty-eighth birthday; and WHEREAS, the people of this state are fortunate in having a person of his ability, character, and integrity as the presiding officer of the House of Representatives; and WHEREAS, he has conducted the business of the House in a manner so that proponents and opponents of issues have always been able to express their feelings and desires at all times; and WHEREAS, news media reports to the contrary notwithstanding, the business of the House has been conducted in a more open manner than ever before; and WHEREAS, under his leadership the committees of the House of Representatives exercise more independence than ever before in the history of the House. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body express their deepest appreciation to the Honorable Thomas B. Murphy, Speaker of the House of Representatives, for his fairness, his honesty, and his leadership and extend their best wishes to him on his birthday. The members also express their sincerest hopes that he will be around for many, many more birthdays as Speaker of the House. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is directed to transmit an appropriate copy of this resolution to Honorable Thomas B. Murphy. On the adoption of the Resolution, 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 YArgo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Charobless Y Chance Cheeks Y Childers Y Childs Y Clark.B Clark.L Y Colbert Y Coleman Y Coffins Y Colwell Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Cummings Darden Daugherty Y Davis,B Y Davis.J Y Davis.L YDean Dent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Fortune Y Foster Y Fuller.C Galer Y Ginsberg Glover YGodbee Greer YHam Y Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Y Home Y Hutchinson Irvin Y Isakson Y Jackson,J Jackson.N Y Jackson, W Y Jessup Y Johnson.G Y Johnson.R Y Jones,B Y Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane,R Y Lawson YLee Y Logan YLong YLord Lowe Y Lucas Y Mangum YMann Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Nicholson YNix Y Oliver Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T Y Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson YRose YRoss Rowland Y Russell Y Savage Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Y Smyre YSnow Y Steinberg YSwann Y Thomas Y Thompson Y Townsend Y Triplet! YTuten Twiggs Y Vandiford Y Vaughn Y Veazey WEDNESDAY, MARCH 10, 1982 1929 Y Waddle Walker Y Wall Y Ware Y Watson White Y Widener Y Williams,B.J Y Williams,H Williams,R Y Wilson Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 147, nays 0. The Resolution was adopted. The Speaker Pro Tern announced the House in recess until 1:45 o'clock, this afternoon. 1930 JOURNAL OF THE HOUSE, AFTERNOON SESSION The Speaker Pro Tern called the House to order. The following Resolutions of the House were read and adopted: HR 784. By: Representatives Hays and Snow of the 1st: A RESOLUTION addressing the American Boarding Kennels Association; and for other purposes. HR 785. By: Representative Connell of the 87th: A RESOLUTION commending and congratulating the John P. King Manufacturing Company; and for other purposes. HR 786. By: Representatives Hays and Snow of the 1st: A RESOLUTION congratulating Virgel L. Sprayberry; and for other purposes. Representative Daugherty of the 33rd District, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1421 Do Pass, as Amended HB 1715 Do Pass, by Substitute HB 1388 Do Pass, as Amended SB 481 Do Pass Respectfully submitted, Daugherty of the 33rd Chairman Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time: HB 1617. By: Representatives Elliott of the 49th and Vaughn of the 57th: A BILL to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to change the name of the Stone Mountain Judicial Circuit to the DeKalb Judicial Circuit; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to change the name of the Stone Mountain Judicial Circuit to the DeKalb Judicial Circuit; to provide for the creation of the Rockdale Judicial Circuit; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by adding a new paragraph (14.1) immediately following paragraph (14) of subsection (a) of Code Section 15-6-1 to read as follows: WEDNESDAY, MARCH 10, 1982 1931 "(14.1) DeKalb Judicial Circuit, composed of the County of DeKalb. The judges of the DeKalb Judicial Circuit, when the business of the circuit does not require their attention, may aid in the disposition of the business of the Atlanta Judicial Circuit;". Section 2. Said chapter is further amended by striking paragraph (37) of subsection (a) of Code Section 15-6-1, which reads as follows: "(37) Stone Mountain Judicial Circuit, composed of the Counties of DeKalb and Rockdale. The judges of the Stone Mountain Judicial Circuit, when the business of the circuit does not require their attention, may aid in the disposition of the business of the Atlanta Judicial Circuit;", in its entirety. Section 3. Said chapter is further amended by adding a new subsection (c) at the end of Code Section 15-6-1 to read as follows: "(c) Effective January 1, 1983, there is created a judicial circuit to be known as the Rockdale Judicial Circuit, composed of the County of Rockdale." Section 4. Said chapter is further amended by adding a new paragraph (14.1) immediately following paragraph (14) of subsection (a) of Code Section 15-6-2 to read as follows: "(14.1) DeKalb Circuit...........................................................................................................?" Section 5. Said chapter is further amended by striking paragraph (37) of subsection (a) of Code Section 15-6-2, which reads as follows: "(37) Stone Mountain Circuit...............................................................................................?", in its entirety. Section 6. Said chapter is further amended by adding a new subsection (c) at the end of Code Section 15-6-2 to read as follows: "(c) Effective January 1, 1983, there is created the Rockdale Circuit which shall have one judge." Section 7. Said chapter is further amended by adding a new paragraph (14.1) immediately following paragraph (14) of subsection (a) of Code Section 15-6-3 to read as follows: "(14.1) DeKalb Circuit: DeKalb County First Monday in January, March, May, July, September, and November." Section 8. Said chapter is further amended by striking paragraph (37) of subsection (a) of Code Section 15-6-3, which reads as follows: "(37) Stone Mountain Circuit: (A) DeKalb County First Monday in January, March, May, July, September, and November. (B) Rockdale County First Monday in February, May, August, and November.", in its entirety. Section 9. Said chapter is further amended by adding a new subsection (c) at the end of Code Section 15-6-3 to read as follows: "(c) Effective January 1, 1983, there is created the Rockdale Circuit, consisting of Rockdale County, which shall have the following terms of court: the first Monday in January, April, July, and October." Section 10. This Act shall become effective on November 1, 1982. Section 11. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 102, nays 0. 1932 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed, by substitute. The Speaker assumed the Chair. The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto: HB 1533. By: Representative Phillips of the 59th: A BILL to amend Code Section 41A-102, relating to definitions, so as to provide that the term "financial institution" shall include federal credit unions for the purpose of permitting Georgia state chartered credit unions to charge interest rates equal to interest rates charged by federal credit unions; to amend the Official Code of Georgia Anno- tated accordingly; and for other purposes. The following Senate amendment was read: Amend HB 1533 by striking the figure "71" in line 9 of page 2 and inserting in lieu thereof the figure "7". Representative Phillips of the 59th moved that the House agree to the Senate amendment to HB 1533. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Adams,G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Branch YBray Brooks Buck Y Burruss Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark.L Y Colbert Y Coleman Collins Y Colwell Y Connell Couch Cox Y Crawford Crosby Cul pepper Y Cummings Darden Daugherty Y Davis.B Y Davis,J Y Davis.L Dean YDent Dixon Dobbs Y Dover Edwards Elliott Evans Y Felton Y Fortune Foster Y FulIer.C Y Galer Y Ginsberg Glover Y Godbee Y Greer YHam Y Hamilton Y Banner Harris Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks Home Hutchinson Y Irvin Y Isakson Jackson,J Y Jackson.N Y Jackson, W Y Jessup Johnson,G Y Johnson,R Y Jones,B Y Jones.H Karrh Kemp Y Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson YLee Logan YLong YLord Lowe Lucas Y Mangum Mann Marcus Y Martin On the motion, the ayes were 110, nays 0. The motion prevailed. Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Nicholson Nix Y Oliver Padgett Y Parham Y Patten Y Perry Peters Phillips.B Y Phillips.L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinks ton Rainey Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Y Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre Snow Steinberg Y Swann Thomas Thompson Townsend Y Triplett YTuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker YWall Ware Y Watson White Y Widener Y Williams.B.J Williams.H Williams ,R Y Wilson Y Wood.J Wood,J.T Workman Speaker Murphy WEDNESDAY, MARCH 10, 1982 1933 HB 1281. By: Representatives Childs of the 51st, Snow of the 1st, Burruss of the 21st and Edwards of the 110th: A BILL to amend Code Chapter 53-5, relating to rights and liabilities of husband and wife, so as to permit a spouse to use certain surnames when the use of the surnames is not with the intent to deprive another fraudulently of any right under the law; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate substitute was read: A BILL To amend Code Chapter 53-2, relating to marriage licenses, so as to provide for the determination of legal surnames which will be used after marriage; to provide for other matters relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Chapter 53-2, relating to marriage licenses, is amended by adding between Code Sections 53-202 and 53-203 a new Code Section 53-202.1 to read as follows: "53-202.1. Determination of legal surname, (a) The form for application for marriage licenses shall be designed and printed in such a manner that applicants therefor shall designate the surnames which will be used as their legal surnames after the marriage is consummated. The legal surnames shall be designated as provided in subsection (b) of this Code section. (b) A spouse may use as a legal surname his or her: (1) Given surname or, in the event the given surname has been changed as pro- vided in Code Chapter 79-5, the surname so changed; (2) Spouse's surname; or (3) Surname as provided in paragraph (1) of this subsection in conjunction with the surname of the other spouse." Part 2 Section 2. Article 2 of Chapter 3 of Title 19, relating to the marriage license and ceremony, is amended by adding between Code Sections 19-3-33 and 19-3-34 a new Code Section 19-3-33.1 to read as follows: "19-3-33.1. (a) The form for application for marriage licenses shall be designed and printed in such a manner that applicants therefor shall designate the surnames which will be used as their legal surnames after the marriage is consummated. The legal surnames shall be designated as provided in subsection (b) of this Code section, (b) A spouse may use as a legal surname his or her: (1) Given surname or, in the event the given surname has been changed as pro- vided in Chapter 12 of this title, the surname so changed; (2) Spouse's surname; or (3) Surname as provided in paragraph (1) of this subsection in conjunction with the surname of the other spouse." Parts Section 3.' (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. 1934 JOURNAL OF THE HOUSE, The following amendment was read: Representative Johnson of the 72nd moves to amend the Senate substitute to HB 1281: By striking Part 1, Section 1, in its entirety and by striking Part 2, Section 2, in its entirety. On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Aaron Adams.G N Adams,J N Adams.M N Aiken Y Andenon N /ago N Auten Balkcom N Bargeron NBaugh NBeal Beck Y Benefield Benn N Birdsong Bishop Bolster Y Branch Bray N Brooks NBuck NBurruss Y Burton YByrd Cason N Castleberry Y Chamberlin N Chambless N Chance N Cheeks N Childers NChilds N Clark,B Y Clark,L N Colbert Coleman Couins Colwell N Connell Couch YCox Y Crawford Crosby Culpepper N Cummings NDarden N Daugherty Y Davis.B Y Davis.J N Davis.L NDean NDent Dixon NDobbs N Dover N Edwards EUiott N Evans Felton Y Fortune N Foster N FuUer.C N Galer N Ginsberg Glover YGodbee NGreer Ham N Hamilton Y Hanner N Harris Harrison Y Hasty N Hawkins YHajm Hill N Holmes N Hooks Home N Hutchinson NIrvin NIsakson N Jackson,J N Jackson.N N Jackson,W N Jessup Y Johnson.G Y Johnson.R Jones.B N Jones.H Karrh NKemp Kilgore N Lambert N Lane.D Y Lane,R Lawson YLee NLogan NLong NLord Lowe Lucas N Mangum YMann Marcus N Martin Matthews N McCollum Y McDonald McKinney N Miles Milford N Montgomery Y Moody Y Moore Y Mostiler N Mullinax N Nicholson Nix Y Oliver N Padgett N Parham N Patten Y Perry Y Peters Y Phillips,B Phillips.L.L N Phillips,R.T N Phillips.W.R Y Pilewicz Pinkston N Rainey N Ralston N Ramsey N Randall N Reaves N Richardson N Robinson NRose NRoss N Rowland N Russell N Savage N Scott,A N Scott,D N Shepard Y Sherrod N Sizemore Y Smith,T Smith,V NSmyre NSnow N Steinberg N Swann Y Thomas N Thompson Townsend N Triplett Tuten Twiggs Vandiford N Vaughn N Veazey Y Waddle N Walker NWall Ware N Watson White N Widener N Williams.B.J Williams.H N WiUiams.R N Wilson Y WcxxU WoodJ.T Workman Speaker Murphy On the adoption of the amendment, the ayes were 35, nays 99. The amendment was lost. Representative Childs of the 51st moved that the House agree to the Senate substitute to HB 1281. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.J N Adams.M Y Aiken N Anderson YArgo Y Auten Balkcom Y Bargeron YBaugh YBeal Beck N Benefield Benn Y Birdsong Bishop Bolster Branch Bray Y Brooks YBuck Y Burruss N Burton NByrd Cason Y Castleberry N Chamberlin Y Chambless Y Chance Y Cheeks Y Childere Y Childs Y Clark.B N Clark.L Y Colbert Coleman CoUins Colwell Y Connell Couch YCox Crawford N Crosby Y Culpepper Y Cummings Y Darden Y Daugherty N Davis.B N Davis.J Y Davis.L YDean YDent Dixon YDobbs WEDNESDAY, MARCH 10, 1982 Y Dover Y Edwards Elliott Y Evans Felton N Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover NGodbee Y Greer Ham Y Hamilton N Hanner Y Harris Y Harrison Y Hasty Y Hawking NHays Hill Y Holmes Y Hooks Home Y Hutchinson Ylrvin Y Isakson Y Jackson,J Y Jackson.N Y Jackson.W Y Jessup Y Johnson.G N Johnson.R Jones.B Y Jones.H Karrh YKemp Kilgore Y Lambert Y Lane.D N Lane.R Y Lawson NLee Y Logan YLong YLord Lowe Lucas Y Mangum N Mann Marcus Y Martin Matthews Y McCollum Y McDonald McKinney Y Miles Milford Y Montgomery N Moody N Moore N Mostiler Y Mullinax Y Nicholson YNix N Oliver Y Padgett Y Parham Y Patten Y Perry N Peters N Phillips.B N Phillips.L.L Y Phillips,R.T Y Phillips,W.R N Pilewicz Pinkston N Rainey Y Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Y Scott,A Y Scott.D Y Shepard N Sherrod Y Sizemore N Smith.T Smith.V Y Smyre YSnow Y Steinberg On the motion, the ayes were 108, nays 33. The motion prevailed. 1935 YSwann Y Thomas Y Thompson Townsend Y Triplett N Tuten Twiggs N Vandiford Y Vaughn Y Veazey N Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y Williams,B.J Williams.H Y Williams.R Y Wilson N Wood,J Y Wood,J.T Workman Speaker Murphy HR 591. By: Representative Dover of the llth: A RESOLUTION proposing an amendment to the Constitution so as to authorize the use by the Habersham County School District of the proceeds of any local sales and use tax levied within Habersham County; and for other purposes. The following Senate substitute was read: A RESOLUTION Proposing an amendment to the Constitution so as to require the Board of Education of the Habersham County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Habersham County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding year; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows: "The Board of Education of the Habersham County School District shall impose, levy, and collect a sales and use tax for educational purposes of that school district. This tax shall be at the rate of 1 percent, but in all other respects, except as otherwise provided in this paragraph, shall correspond to the tax provided for by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipality sales and use tax. The ad valorem tax millage rate limitation applicable to the Habersham County School District under this Section VII of the Constitution shall be reduced for every taxable year beginning on or after January 1, 1984, by a millage rate which, if levied against property taxable for educational purposes within the Habersham County School District, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by that school district in the immediately preceding taxable year. The Habersham County School District shall also comply with the provisions of Code Section 48-8-91 as if the Habersham County School District were a county 1936 JOURNAL OF THE HOUSE, or municipality within the meaning of that Code section and as if the tax provided for herein were levied pursuant to Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated. No referendum shall be required for the imposition of this tax. Nothing in this paragraph shall prohibit Habersham County and those municipalities located therein from imposing as an additional tax that joint county and municipality sales and use tax authorized by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated. The Habersham County School District is authorized to contract or otherwise provide for the collection and administration of the tax required to be imposed under this paragraph. The tax authorized by this paragraph may be imposed, levied, and collected as provided herein without further action by the General Assembly, but the General Assembly shall be authorized by local law to control the subject matter of this paragraph and to further define and implement its provisions. This authority may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph and any local law adopted pursuant to the authority of this paragraph shall control that subject matter notwithstanding the provisions of any conflicting general law." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to require the Board of Educa- tion of the Habersham County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Habersham County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding year?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Representative Dover of the llth moved that the House agree to the Senate substitute to HR 591. On the motion, the ayes were 120, nays 0. The motion prevailed. HB 1285. By: Representative Ramsey of the 3rd: A BILL to amend Code Section 24A-3503, relating to children's fingerprints and photographs, so as to provide that fingerprints of a child 13 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the com- mission of certain crimes; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate amendment was read: Amend HB 1285 by striking on Page 1, lines 4 and 20, and on Page 2, line 12, the word "shall" and substituting in lieu thereof the following: "may". WEDNESDAY, MARCH 10, 1982 1937 Representative Ramsey of the 3rd moved that the House disagree to the Senate amendment to HB 1285. The motion prevailed. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1491. By: Representatives Coleman of the 118th, Hanner of the 130th, Martin of the 60th, Colbert of the 23rd and Hooks of the 116th: A BILL to amend Title 25 of the Official Code of Georgia Annotated, so as to regulate fire protection sprinkler contractors; to provide for administration; to provide for certificates of competency to be issued to persons authorized to engage in the installation, repair, alteration, addition, maintenance, or inspection of fire protection sprinkler systems or water-sprayed systems; to provide for examinations; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to regulate fire protection sprinkler contractors; to provide a short title; to define certain terms; to provide for duties and responsibilities of the Georgia Safety Fire Commissioner or his delegated authority; to provide for certificates of competency, applications therefor, and renewals thereof; to provide for fees; to prohibit certain persons from acting as a fire protection sprinkler contractor; to provide for rules and regulations; to provide for local building officials; to provide for compliance with this Act; to provide for enforcement; to provide for applicability and exceptions; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by adding immediately following Chapter 10 a new chapter, to be designated Chapter 11, to read as follows: "CHAPTER 11 25-11-1. This chapter shall be known and cited as the 'Georgia Fire Sprinkler Act.' 25-11-2. As used in this chapter, the term: (1) 'Certificate' or 'certificate of competency' means the document issued by the Commissioner to a certificate holder which authorizes a fire protection sprinkler contractor to engage in the business of installation, repair, alteration, addition, maintenance, or inspection of fire protection sprinkler systems or water-spray systems. (2) 'Certificate holder' means an individual who has satisfactorily met the requirements of Code Section 25-11-4 and who is the owner, partner, or officer of the company or corporation or such employee who performs or supervises the installation, repair, alteration, addition, maintenance, or inspection of a fire protection sprinkler system or water-spray system. (3) 'Commissioner' means the Georgia Safety Fire Commissioner. (4) 'Fire protection sprinkler contractor' means an individual, partnership, corpora' tion, association, or joint venture operated for profit that supervises or performs the installation, repair, alteration, addition, maintenance, or inspection of fire protection sprinkler systems or water-spray systems. Such term does not include local building officials, fire inspectors, or insurance inspectors when acting in their official capacities. (5) 'Fire protection sprinkler system' means a system of overhead piping designed in accordance with fire protection engineering standards. The system is supplied from 1938 JOURNAL OF THE HOUSE, a reliable, constant, and sufficient water supply such as a gravity tank, fire pump, res- ervoir, or pressure tank or connection by underground piping to a city main. The portion of the sprinkler system aboveground is considered the fire protection sprinkler system for purposes of this chapter as is any portion of the supply piping, once dedi- cated exclusively to the use of the fire protection system, which is a network of spe- cially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, to which sprinklers are connected in a systematic pattern. The system includes a controlling valve and a device for activating an alarm when the sys- tem is in operation. The system is usually activated by heat from a fire and discharges water over the fire area. Fire protection sprinkler systems shall include the following types: wet-pipe systems, dry-pipe systems, preaction systems, deluge systems, com- bined dry-pipe and preaction systems, antifreeze systems, circulating systems, and closed loop systems. (6) 'Water-spray system' means a special fixed pipe system connected to a reliable source of fire protection water supply and equipped with water-spray nozzles for spe- cific water discharge and distribution over the surface or area to be protected. The piping system is connected to the water supply through an automatically or manually activated valve which initiates the flow of water. An automatic valve is activated by operation of automatic detection equipment, hydraulic, pneumatic, or electrically oper- ated, normally installed in the same areas as the water-spray nozzles. The system is supplied from a reliable, constant, and sufficient water supply such as a gravity tank, fire pump, reservoir, or pressure tank or connection by underground piping to a city main. The portion of the system aboveground is considered the water-spray system for purposes of this chapter. 25-11-3. (a) The Commissioner is charged with the duty and responsibility for the enforcement of this chapter. (b) Any authority, power, or duty vested in the Commissioner by any provision of this chapter may be exercised, discharged, or performed by any deputy, assistant, or other designated employee acting in the Commissioner's name and by his delegated authority. The Commissioner shall be responsible for the official acts of such persons who act in his name and by his authority. (c) The Commissioner may, in his discretion, have the competency test prepared by others. 25-11-4. (a) Any individual desiring to become a certificate holder shall submit to the Commissioner a completed application on forms prescribed by him. Such individual shall remit with his application a nonrefundable certificate fee of $100.00. Such fee shall not be prorated for portions of a year. (b) Prior to obtaining a certificate, the applicant shall demonstrate his competence and knowledge of fire protection sprinkler systems or water-spray systems by: T (1) Successfully completing a competency test as prescribed by regulation and administered by the Commissioner; (2) Submitting to the Commissioner prior to December 1, 1983, sworn affidavits from three professional engineers currently registered in the State of Georgia to the effect that the applicant has satisfactorily supervised the design and installation of at least three fire protection sprinkler systems or water-spray systems of 200 or more sprinklers in size, such affidavits including the name, description, and location of each of the three systems of 200 or more heads; or (3) Submitting to the Commissioner a certification from an appropriate official of another state to the effect that the applicant is currently a certificate holder under the laws of that state, which laws are substantially similar to this chapter, and that such state affords a similar waiver of examination privilege to Georgia certificate hold- ers. (c) If the applicant has paid the required fees and has met one of the requirements of subsection (b) of this Code section, the Commissioner shall issue a certificate of com- petency in the name of the applicant. Such certificate shall expire annually on December 31 of each year and shall be nontransferable. (d) A certificate holder desiring to renew his certificate shall submit a renewal appli- cation to the Commissioner and remit therewith a renewal fee of $100.00 on or before WEDNESDAY, MARCH 10, 1982 1939 December 1 of each year. If the state minimum fire safety standards regarding the installation or maintenance of fire protection sprinkler systems or water-spray systems promulgated by the Commissioner have been revised since the date the certificate holder's expiring certificate was issued, the Commissioner shall, upon 30 days' notice, require the certificate holder to again meet one of the requirements of subsection (b) of this Code section prior to the renewal of his certificate. 25-11-5. (a) No person shall act as a fire protection sprinkler contractor unless a certificate holder is employed to supervise or perform the installation, repair, alteration, addition, maintenance, or inspection of fire protection sprinkler systems or water-spray systems. (b) No fire protection sprinkler contractor shall permit any person under his employ or control to install, repair, alter, maintain, or inspect any fire protection sprinkler sys- tem or water-spray system unless such person is a certificate holder or is under the direct supervision of a certificate holder employed by the contractor. 25-11-6. The Commissioner may promulgate such rules and regulations as he deems necessary to effectuate the provisions of this chapter. The Commissioner may also pre- scribe the forms required for the administration of this chapter. 25-11-7. (a) Before any local building official shall issue any license or building per- mit which authorizes the construction of any building or structure containing a fire pro- tection sprinkler system or water-spray system, such local official shall require a copy of a valid certificate of competency from the fire protection sprinkler contractor. The fire protection sprinkler contractor shall be required to pay any fees normally imposed for local licenses or permits, but the local official shall impose no other requirements on the fire protection sprinkler contractor to prove competency other than proper evidence of a valid certificate of competency. (b) Nothing in this chapter limits the power of a municipality, county, or the state to require the submission and approval of plans and specifications or to regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections otherwise authorized by law for the protection of the public health and safety. 25-11-8. This chapter shall also apply to any fire protection sprinkler contractor performing work for the state or any municipality, county, or other political subdivision. Officials of the state or any municipality, county, or other political subdivision are required to determine compliance with this chapter before awarding any contracts for the installation, repair, alteration, addition, maintenance, or inspection of a fire protec- tion sprinkler system or water-spray system. Bids tendered for such contracts shall be accompanied by a copy of a valid certificate of competency. 25-11-9. (a) All fees collected pursuant to the provisions of this chapter shall be deposited with the Fiscal Division of the Department of Administrative Services. (b) The Commissioner shall be authorized to receive grants for the administration of this chapter from parties interested in upgrading and improving the quality of fire protection sprinkler systems or water-spray systems. 25-11-10. (a) Whenever in the judgment of the Commissioner any person has engaged in, is currently engaged in, or is about to engage in any act or practice which constitutes or will constitute a violation of this chapter, he may make application to the superior court of the county in which the act or practice has been or is about to be engaged in for an order enjoining such act or practice or for an order requiring compliance with this chapter. Upon a showing that such person has engaged in or is about to engage in any such act or practice in violation of this chapter, a permanent or temporary injunction, restraining order, or other relief shall be granted without the necessity of showing the lack of an adequate remedy at law. (b) The certificate of competency of any person failing to comply with an order issued pursuant to subsection (a) of this Code section shall be revoked upon the date specified in said order. 25-11-11. The provisions of this chapter shall not apply to limited automatic sprinkler protection systems, life safety systems, supplied from a domestic water supply for use in single-family or low-rise, three stories or less, multifamily dwellings." 1940 JOURNAL OF THE HOUSE, Section 2. Code Section 25-11-6 of Section 1 of this Act shall become effective on November 1, 1982. All other provisions of this Act shall become effective on January 1, 1983. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Aaron Y Adama.G Y Adam,J Y Adams.M Y Aiken Y Anderson YArgo N Auten N Balkcom Y Bargeron YBaugh Beal YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Branch YBray Brooks YBuck Y Bumus N Burton NByrd YCason Y Castleberry N Chamberlin Y Chambless Y Chance N Cheeks N Childers Y Childs Y Clark,B Clark,L Y Colbert Y Coleman N Colling N Colwell Y Connell Y Couch YCox Crawford Y Crosby Y Culpepper N Cummings Y Darden Y Daugherty Davis,B N DavisJ Y Davis,L YDean NDent Y Dixon NDobbs N Dover Y Edwards Elliott N Evans Y Felton Y Fortune N Foster Y Fuller.C YGaler Y Ginsberg Glover YGodbee Y Greer Ham Hamilton Y Hanner Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Irvin Isakson Y Jackson,J N Jackson.N Y Jackson, W Y Jessup Johnson,G Johnson.R Jones,B Y Jones.H Karrh YKemp Y Kilgore Lambert Y Lane.D N Lane.R Lawson YLee Y Logan YLong NLord Lowe Lucas Y Mangum NMann Marcus Y Martin Matthews Y McCollum Y McDonald McKinney Y Miles Milford Y Montgomery N Moody N Moore N Mostiler Y Mullinai N Nicholson YNix Y Oliver N Padgett Y Parham N Patten Y Perry N Peters Y Phillips,B N Phillips,L.L Y Phillips.R.T N Phillips,W.R Y Pilewicz Pinkston N Rainey N Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose NRoss Y Rowland Y Russell Y Savage Scott,A Y Scott.D Y Shepard Y Sherrod Y Sizemore N Smith,T Smith.V Y Smyre YSnow Y Steinberg Swann Thomas Y Thompson Townsend Y Triplett YTuten Twiggs Vandiford Y Vaughn Y Veazey Waddle Y Walker Y Wall Ware Y Watson White Widener Y Williams.B.J Y Williams.H Williams,R Y Wilson YWood,J Y Wood,J.T Workman Speaker Murphy On the passage of the Bill, by substitute, the ayes were 101, nays 34. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Ralston of the 7th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1491, by substitute. HB 1437. By: Representative Ham of the 80th: A BILL to amend Code Section 5A-5511, relating to small domestic wineries, so as to change the amount of wine which may be produced by wineries selling at retail on their premises; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Committee substitute was read and adopted: WEDNESDAY, MARCH 10, 1982 1941 A BILL To amend Code Section 5A-5511, relating to small domestic wineries, so as to change the amount of wine which may be produced by wineries selling at retail on their premises; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Section 5A-5511, relating to small domestic wineries, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows: "(a) The commissioner may authorize any licensee authorized to manufacture wine in this state to sell such wine at retail on the premises of the winery, but only if the licensee produces less than 40$66 90,000 liters of wine per year and the wine is made wholly in Georgia from Georgia grown agricultural products." Part 2 Section 2. Code Section 3-6-21.1, relating to wineries selling at retail, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows: "(a) The commissioner may authorize any licensee authorized to manufacture wine in this state to sell such wine at retail on the premises of the winery, but only if the licensee produces less than 40,000 90,000 liters of wine per year and the wine is made wholly in Georgia from Georgia-grown agricultural products." Part3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adanu.G Y Adams.J Y Adams.M Aiken N Andcrson Y Ario Y AuUn Balkcom Y Bargeron NBaugh Bcal YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Branch YBray Y Brooks YBuck N Burrusa Y Burton NByrd Y Cason Y Castleberry N Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B N Clark.L N Colbert Coleman Y Collins Colwell Y Connell Y Couch YCox Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Davis.B Y Davis.J Y Davis.L Dean Y Dent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer YHam Y Hamilton Hanner Harris Y Harrison Y Hasty N Hawkins YHays YHill Y Holmes Y Hooks Home Y Hutchinson Y Irvin 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 Kemp Kilgore Lambert Y Lane,D Y Lane.R Y Lawson YLee Y Logan N Long YLord Lowe Lucas Y Mangum Y Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald McKinney Miles Milford Y Montgomery 1942 JOURNAL OF THE HOUSE, N Moody Y Moore Mostiler Mullinax Y Nicholson Y Nix Y Oliver YPadgett YParham Y Patten Y Perry Y Peters Phillips.B Y Phillips.L.L Y Phillip8,R.T N Phillips,W.R Y Pilewicz Pinkston N Rainey Y Ralston Y Ramsey Randall Y Reaves N Richardson Y Robinson Y Rose Y Ross Y Rowland Y Russell Y Savage Scott,A Y Scott,D N Shepard Y Sherrod Y Sizemore N Smith.T Smith, V Y Smyre Y Snow Y Steinberg Y Swann Thomas Y Thompson Townsend Triplett Y Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker Wall Ware Y Watson White Widener Williams,B.J N Williams.H Williams.R Y Wilson N Wood,J Y Wood,J.T Workman Speaker Murphy On the passage of the Bill, by substitute, the ayes were 116, nays 17. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Smith of the 152nd arose to a point of personal privilege and addressed the House. Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 1583. By: Representatives Jackson of the 77th, Jackson of the 75th, Oliver of the 121st, and Godbee of the 82nd: A BILL to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of vehicles, so as to provide that it shall be unlawful to affix material to the front windshield or right or left front door windows of a motor vehicle which will obstruct vision into the vehicle; to make it unlawful to own or operate a motor vehicle which has material affixed to the front windshield or right or left front door windows of the vehicle which obstructs vision into the vehicle; and for other purposes. The following amendment was read: The Committee on Public Safety moves to amend HB 1583 by adding between lines 21 and 22 on page 2 a new paragraph (3) to read as follows: "(3) The provisions of this Code section shall not apply to transparent sun-screening material installed, affixed, or applied to the topmost portion of the front windshield or right or left front door windows if: (A) The bottom edge of the material on the front windshield is at least 29 inches above the undepressed driver's seat when measured from a point five inches in front of the bottom of the backrest with the driver's seat in its rearmost and lowermost position with the vehicle on a level surface; (B) The material is not red or amber in color (C) There is no opaque lettering on the material and any other lettering does not affect primary colors or distort vision through the windshield or windows; and (D) The material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or following vehicles to any greater extent than the windshield or window without the material." The following amendment was read: WEDNESDAY, MARCH 10, 1982 1943 Representative Adams of the 14th moves to amend the Committee amendment to HB 1583 by deleting on line 8 the words "or right or left front door windows" and on lines 21 and 25 the words "or windows". ? And deleting on page 1 the words "or right or left front door windows" on line 8 line 21, lines 26 and 27. On the adoption of the amendment to the Committee amendment, the roll call was ordered and the vote was as follows: N Aaron N Adams.G Y Adams.J N Adams.M N Aiken N Anderson N Argo N Auten N Balkcom N Bargeron Baugh N Beal NBeck N Benefield Benn Y Birdsong Bishop N Bolster N Branch YBray Y Brooks NBuck Burruss N Burton NByrd NCason N Castleberry Y Chamberlin N Chambless Chance N Cheeks N Childers Y Childs N Clark,B Y Clark.L N Colbert N Coleman N Collins Colwell N Connell N Couch YCox Y Crawford N Crosby Y Culpepper N Cummings N Darden Daugherty N Davis.B N Davis,J Davis.L NDean Dent N Dixon NDobbs Dover Y Edwards Elliott N Evans N Felton N Fortune Y Foster Y Fuller.C N Galer N Ginsberg Glover N Godbee NGreer YHam N Hamilton N Hanner N Harris N Harrison N Hasty Y Hawkins NHays NHill N Holmes Y Hooks Y Home N Hutchinson Ylrvin N Isakson Y Jackson,J N Jackson.N N Jackson, W N Jessup N Johnson.G N Johnson,R N Jones,B N Jones.H NKarrh NKemp N Kilgore N Lambert N Lane.D Lane.R Y Lawson NLee Y Logan NLong NLord NLowe Y Lucas N Mangum NMann N Marcus N Martin Matthews N McCollum Y McDonald N McKinney N Miles Y Milford Y Montgomery N Moody N Moore N Mostiler N Mullinax N Nicholson NNix N Oliver N Padgett N Parham N Patten N Perry N Peters N Phillips.B N Phillips,L.L N Phillips,R.T N Phillips, W.R Y Pilewicz Pinkston N Rainey Y Ralston N Ramsey N Randall N Reaves N Richardson N Robinson NRose YRoss N Rowland Y Russell On the adoption of the amendment, the ayes were 36, nays 124. The amendment was lost. N Savage Y Scott,A N Scott,D N Shepard N Sherrod N Sizemore N Smith.T Smith.V N Smyre N Snow N Steinberg N Swann N Thomas N Thompson N Townsend N Triplett YTuten Twiggs N Vandiford N Vaughn N Veazey Y Waddle N Walker N Wall Ware Y Watson White N Widener N Williams.BJ Y Williams.H Y Williams.R N Wilson N Wood,J Y Wood,J.T N Workman Speaker Murphy The Committee amendment was adopted. An amendment, offered by Representatives Vaughn of the 57th and Smyre of the 92nd was read and ruled out of order. The following amendments were read and adopted: Representative Davis of the 99th moves to amend HB 1583 by striking on line 24, page 1, the words "Own or"; Strike the same words on line 6, page 1. Representative Evans of the 84th moves to amend HB 1583 by adding the word "resident" before the word "person" on line 20 and on line 24, page 1; and on line 22, page 2. 1944 JOURNAL OF THE HOUSE, The following amendment was read: Representative Oliver of the 121st moves to amend HB 1583 by striking from Section 1, beginning on line 18 of page 2, the following: "(2) The provisions of this Code section shall not apply to a motor vehicle inspection sticker affixed or applied to the front windshield of a motor vehicle as provided by law.", and inserting in lieu thereof the following: "(2) The provisions of this Code section shall not apply to the manufacturer's tinting of windshields or windows of motor vehicles or to certificates or other papers required by law to be displayed on such windshields or windows." The following amendment was read and adopted: Representative Swann of the 90th moves to amend the Oliver amendment to HB 1583 on line 12 between the words "certificates" and "or", the following: "or identification decals". The Oliver amendment, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G N Adams.J Y Adams.M Y Aiken Y Anderson YArgo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers N Childs Y Clark,B Y Clark.L Y Colbert Y Coleman Y Collins Cohvell Y Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty N Davis.B Davis,J Y Davis.L YDean Dent N Dixon Y Dobbs N Dover Y Edwards Elliott Y Evans Y Felton Y Fortune N Foster Y Fuller.C YGaler Y Ginsberg Glover Y Godbee Y Greer YHam N Hamilton Y Hanner Y Harris Y Harrison Y Hasty N Hawkins YHays NHill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin Y Isakson N Jackson ,J Y Jackson,N Y Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones,B Y Jones,H Y Karrh YKemp Y Kilgore Y Lambert Y Lane,D Y Lane,R N Lawson YLee Y Logan YLong YLord YLowe N Lucas Y Mangum Y Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles N Milford N Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Y Pinkston Y Rainey N Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplet! N Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware N Watson White Y Widener Y Williams.BJ N Williams.H N Williams.R Y Wilson Y Wood,J N Wood,J.T Y Workman Speaker Murphy WEDNESDAY, MARCH 10, 1982 1945 On the passage of the Bill, as amended, the ayes were 146, nays 20. The Bill, having received the requisite constitutional majority, was amended. Representative Lawson of the 9th gave notive that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1583, as amended. Representative Vaughn of the 57th assumed the Chair. HB 1375. By: Representatives Bargeron of the 83rd, Godbee of the 82nd, Swann of the 90th, and Burruss of the 21st: A BILL to amend Code Chapter 91A-10, relating to ad valorem tax, so as to authorize local governments, boards of education, and developers to enter into agreements for the prepayment of ad valorem taxes and school taxes; to provide for definitions; to authorize local governments to adopt public improvement programs to be incorporated into tax prepayment agreements; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal Beck Y Benefield Benn Y Birdsong Bishop Bolster Y Branch YBray Y Brooks YBuck Y Burruss Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Cheeks Y Childers Childs Y Clark.B Y Clark.L Colbert Y Coleman Y Collins Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis.B Y Davis.J Y Davis.L YDean YDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Galer Y Ginsberg Glover Y Godbee Greer YHam Y Hamilton Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks Y Home Y Hutchinson Irvin Y Isakson Y Jackson,J Jackson.N Y Jackson.W Jessup Johnson,G Y Johnson,R Y Jones.B Y Jones.H Karrh Y Kemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan Y Long YLord Y Lowe Lucas Y Mangum YMann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson Nix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Phillips.R.T Y Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey Y Randall Y Reaves Y Richardson Y Robinson Rose Y Ross Y Rowland Y Russell Y Savage Y Scott,A Y Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre Y Snow Y Steinberg Y Swann Thomas Y Thompson Townsend Y Triplett Y Tuten Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y Williams.B.J Y Williams.H Williams.R Y Wilson Y WoodJ Y Wood.J.T Workman Speaker Murphy On the passage of the Bill, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed. 1946 JOURNAL OF THE HOUSE, HB 1351. By: Representatives Robinson of the 58th, Vandiford of the 53rd, Hawkins of the 50th, Richardson of the 52nd, Williams of the 48th, and others: A BILL to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions from ad valorem taxation of property, so as to provide for an application for exemption from taxation of certain property; and for other purposes. The following amendment was read and adopted: Representatives Adams of the 14th, Childers of the 15th, and Montgomery of the 16th move to amend HB 1351 by adding a new Subsection (D) to read as follows: "Any county or municipality granting a 100% exemption shall be exempt from the provisions of this Act." The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows Y Aaron Y Adams.G Y Adams,J Y Adams.M Aiken Y Anderson YArgo Y Auten Balkcom Bargeron Y Baugh YBeal YBeck Y Benefield Benn Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Y Burruss Burton YByrd Y Cason Y Castleberry Y Chamberlin Chambless Y Chance Cheeks Y Childers Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis.B Y Davis.J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Evans Y Felton Y Fortune Y Foster Y Fuller.C Galer Y Ginsberg Glover God bee Y Greer YHara Y Hamilton Manner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks Home Y Hutchinson Irvin Y Isakson Y Jackson,J Y Jackson,N Y Jackson.W Y Jessup Johnson,G Y Johnson.R Y Jones.B Y Jones.H Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan YLong Y Lord YLowe Lucas Y Mangum Y Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Phillips.R.T Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey Y Randall Y Reaves Y Richardson Y Robinson Rose Y Ross Y Rowland Y Russell Y Savage Y Scott.A Y Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Thomas Y Thompson Townsend Y Triplett Tuten Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.B.J Williams.H Y Williams.R Y Wilson Y WoodJ Y Wood,J.T Workman Speaker Murphy On the passage of the Bill, as amended, the ayes were 134, nays 0. The Bill, having received the requisite constitutional majority, was passed, amended. HR 706. By: Representatives Rowland of the 119th, Harris of the 8th, Collins of the 144th, Phillips of the 120th, Connell of the 87th and others: WEDNESDAY, MARCH 10, 1982 1947 A RESOLUTION To amend Resolution Act No. 1 (House Resolution No. 4), adopted at the 1981 Extraordinary Session of the General Assembly (Ga. L. 1981, Ex. Sess., p. 143), which resolution proposes a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982, so as to change certain limitations regarding state debt and the funding and refunding of that debt and certain obligations, but to provide for exceptions upon approval by two-thirds of the members of the General Assembly; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Resolution Act No. 1 (House Resolution No. 4), adopted at the 1981 Extraordinary Session of the General Assembly (Ga. L. 1981, Ex. Sess., p. 143), which resolution proposed a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982, is amended by striking from Section 1 thereof subparagraph (b) of Paragraph II of Section IV of Article VII and inserting in its place a new subparagraph (b) to read as follows: "(b) No debt may be incurred under subparagraphs (c), (d), and (e) of Paragraph I of this section or Paragraph V of this section at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current year or any subsequent fiscal year of the state under all contracts then in force to which the provisions of the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of 1976 are applicable, exceed W 7 percent of the total revenue receipts, less refunds of the state treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred; except that such debt may be incurred when such debt service and contract payment requirements are more than 7 percent but not more than 10 percent of such total revenue receipts less refunds if approved by two-thirds of the members to which each House of the General Assembly is entitled in a roll-call vote entered on their respective journals. Any such measures requiring such approval shall originate in the House of Representatives, but the Senate may propose or concur in amendments to such measures." Section 2. Said resolution is further amended by striking from Section 1 thereof Paragraph V of Section IV of Article VII and inserting in its place a new Paragraph V to read as follows: "Paragraph V. Refunding of debt. The state may incur general obligation debt or guaranteed revenue debt to fund or refund any such debt or to fund or refund any obligations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I(a), Section VI, Article IX of the Constitution of 1976 are applicable. The issuance of any such debt for the purposes of said funding or refunding shall be subject to the K> 7 percent limitation in Paragraph II(b) of this section, but may be increased to no more than .10 percent in accordance with Paragraph II(b) of this section, to the same extent as debt incurred under Paragraph I of this section; provided, however, in making such computation the annual debt service requirements and annual contract payments remaining on the debt or obligations being funded or refunded shall not be taken into account. The issuance of such debt may be accomplished by resolution of the Georgia State Financing and Investment Commission without any action on the part of the General Assembly and any appropriation made or required to be made with respect to the debt or obligation being funded or refunded shall immediately attach and inure to the benefit of the obligations to be issued in connection with such funding or refunding. Debt incurred in connection with any such funding or refunding shall be the same as that originally authorized by the General Assembly, except that general obligation debt may be incurred to fund or refund obligations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I (a), Section VI, Article IX of the Constitution of 1976 are applicable and the continuing appropriations required to be made under this Constitution shall immediately attach and inure to the 1948 JOURNAL OF THE HOUSE, benefit of the obligation to be issued in connection with such funding or refunding with the same force and effect as though said obligations so funded or refunded had originally been issued as a general obligation debt authorized hereunder. The term of a funding or refunding issue pursuant to this Paragraph shall not extend beyond the term of the original debt or obligation and the total interest on the funding or refunding issue shall not exceed the total interest to be paid on such original debt or obligation. The principal amount of any debt issued in connection with such funding or refunding may exceed the principal amount being funded or refunded to the extent necessary to provide for the payment of any premium thereby incurred." The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Aiken Y Anderson Y Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield YBenn Birdsong Y Bishop Bolster Y Branch YBray Y Brooks YBuck Y Burruss Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis,B Y Davis,J Y Davis.L Dean Y Dent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer YHam Y Hamilton Y Manner Y Harris Y Harrison Y Hasty Hawkins YHays Hill Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N Jackson,W Y Jessup Johnson.G Y Johnson.R Y Jones.B Y Jones.H Karrh Y Kemp Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan Y Long YLord Y Lowe Y Lucas Y Mangum Y Mann Y Marcus Y Martin Matthews Y McCollum McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Nicholson Y Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Phillips.R.T Y Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Y Randall Y Reaves Y Richardson Robinson Y Rose Y Ross Y Rowland Y Russell Y Savage Y Scott.A Y Scott.D Y Shepard Y Sherrod Y Sizemore Smith.T Smith.V Smyre Y Snow Y Steinberg Y Swann Y Thomas Thompson Townsend Y Triplett Y Tuten Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.B.J Y Williams.H Y Williams.R Y Wilson Y Wood.J Y Wood.J.T Workman Speaker Murphy On the adoption of the Resolution, the ayes were 145, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. The Speaker assumed the Chair. HB 1479. By: Representative Smith of the 42nd: A BILL to amend Chapter 16 of Title 33 of the Official Code of Georgia Annotated, relating to farmers' mutual fire insurance companies, so as to change the geographic limitations of the opera- tions of farmers' mutual fire insurance companies; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. WEDNESDAY, MARCH 10, 1982 1949 On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Adams,G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield Y Benn Birdsong Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Colwell Y Connell Y Couch Cox Y Crawford Y Crosby Y Cutpepper Y Cummings Y Darden Y Daugherty Davis,B Y Davis,J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Y Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Y Hill Y Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N Jackson.W Jessup Johnson.G Y Johnson.R Y Jones.B Y Jones.H Y Karrh YKemp Kilgore Lambert Lane.D Y Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Lucas Y Mangum Y Mann Y Marcus Y Martin Matthews Y McCollum McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Nicholson Y Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey Y Randall Y Reaves Y Richardson Robinson YRose Ross Y Rowland Y Russell Y Savage Y Scott.A Y Scott,D Y Shepard Y Sherrod Y Sizemore Smith,T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Thompson Y Townsend Y Triplett Y Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y Williams.B.J Williams.H Y Williams.R Y Wilson Y Wood.J Y Wood.J.T Workman Speaker Murphy On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1630. By: Representative Watson of the 114th: A BILL to amend Code Section 93A-202a, relating to the qualifications and duties of the director of the Utility Finance Section, so as to change the qualifications of said director; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.J Y Adams.M Y Aiken Y Anderson YArgo Y Auten Y Balkcom Bargeron Baugh YBeal Y Beck Y Benefield YBenn Birdsong Bishop Bolster Y Branch YBray Y Brooks YBuck Burruss Y Burton YByrd Y Cason Y Castleberry Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Colwell Y Connell Y Couch Cox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Davis.B Y Davis,J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Felton Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer Y Ham Y Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson Irvin Y Isakson Y Jackson,J Y Jackson.N Jackson.W Y Jessup Y Johnson.G Y Johnson,R Y Jones,B 1950 JOURNAL OF THE HOUSE, Y Jones,H Y Karrh YKerap Y Kilgore Y Lambert Lane.D Y Lane,R Y Lawson YLee YLogan YLong YLord YLowe Lucaa Y Mangum YMann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips3 Phillips.L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Y Randall Y Reaves Y Richardson Robinson Rose YRoss Y Rowland Y Russell Y Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett YTuten Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y Williams,B.J Y Williams.H Williams.R Y Wilson Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was HR 656. By: Representatives Twiggs and Colwell of the 4th: A RESOLUTION designating the Miller J. Grist Bridge; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson YArgo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Birdsong Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch Cox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis.B Y Davis,J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Edwards Elliott Evans Felton Y Fortune Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Y Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones,B Jones.H Y Karrh YKemp Y Kilgore Y Lambert Lane.D Y Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips,B Phillips.L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey Y Randall Y Reaves Y Richardson Robinson YRose Ross Y Rowland Y Russell Y Savage Y Scott.A Y Scott,D Y Shepard Y Sherrod Y Sizemore Smith.T Smith.V 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 Ware Watson White Y Widener Y Williams.B.J Y Williams.H Williams.R Y Wilson Y Wood.J Y Wood.J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 142, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. WEDNESDAY, MARCH 10, 1982 1951 HB 1547. By: Representative Bray of the 70th: A BILL to amend Code Section 49-606, relating to the procedure for appointing a guardian, so as to authorize certain physicians in federal medical facilities to execute certain affidavits; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 49-606, relating to the procedure for appointing a guardian, as amended, so as to authorize certain physicians in federal medical facilities to execute certain affidavits and perform certain evaluations; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Section 49-606, relating to the procedure for appointing a guardian, as amended, is amended by striking paragraph (3) of subsection (a) and inserting in its place a new paragraph (3) to read as follows: "(3) In all cases except those sworn to by two or more petitioners under oath and except those of detention by a foreign power or disappearance, the petition shall be supported by an affidavit of a physician licensed to practice under Section 84-907 or of an applied psychologist licensed to practice under Chapter 84-31 or, if the proposed ward is a patient in any federal medical facility in which neither such physician nor such applied psychologist is available, a physician authorized to practice medicine in that federal facility stating that he has examined the proposed ward within ten days prior to the filing of the petition and that based on such examination the proposed ward was determined: (A) To be incapacitated by reason of mental illness, mental retardation, mental disability, advanced age, physical illness or disability, chronic use of drugs or alcohol, or other cause to the extent that such person lacked sufficient understanding or capacity to make significant responsible decisions or the ability to communicate such decisions concerning his person; or (B) To be incapacitated by reason of mental illness, mental retardation, mental disability, advanced age, physical illness or disability, chronic use of drugs or alcohol, or other cause to the extent that such person is incapable of managing his estate; or (C) Both (A) and (B) above.", and by striking paragraph (1) of subsection (c) thereof and inserting in its place a new paragraph (1) to read as follows: "(1) The court shall, if the petition is not dismissed under paragraph (b)(3) of this section, appoint an evaluation physician or psychologist who shall be a physician licensed to practice under Section 84-907 or an applied psychologist licensed to practice under Chapter 84-31 or, if the proposed ward is a patient in any federal medical facility in which neither such physician nor such applied psychologist is available, a physician authorized to practice medicine in that federal facility, other than the physician or psychologist who completed an affidavit attached to the petition pursuant to Section 49-606(a)(3)." Part 2 Section 2. Code Section 29-5-6 of the Official Code of Georgia Annotated, relating to the procedure for appointing a guardian, is amended by striking paragraph (3) of subsection (a) and inserting in its place a new paragraph (3) to read as follows: "(3) In all cases, except those sworn to by two or more petitioners under oath and except those involving detention by a foreign power or disappearance, the petition shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 1952 JOURNAL OF THE HOUSE, 34 of Title 43 or of an applied psychologist licensed to practice under Chapter 39 of Title 43 or, if the proposed ward is a patient in any federal medical facility in which neither such physician nor such applied psychologist is available, a physician authorized to practice medicine in that federal facility stating that he has examined the proposed ward within ten days prior to the filing of the petition and that based on the examination the proposed ward was determined: (A) To be incapacitated by reason of mental illness, mental retardation, mental disability, advanced age, physical illness or disability, chronic use of drugs or alcohol, or other cause, to the extent that the person lacked sufficient understanding or capacity to make significant responsible decisions or the ability to communicate such decisions concerning his person; or (B) To be incapacitated by reason of mental illness, mental retardation, mental disability, advanced age, physical illness or disability, chronic use of drugs or alcohol, or other cause, to the extent that the person is incapable of managing his estate; or (C) To be incapacitated as indicated in both subparagraph (A) and subparagraph (B) of this paragraph.", and by striking paragraph (1) of subsection (c) thereof and inserting in its place a new paragraph (1) to read as follows: "(1) The court shall, if the petition is not dismissed under paragraph (3) of subsection (b) of this Code section, appoint an evaluation physician or psychologist who shall be a physician licensed to practice medicine under Chapter 34 of Title 43 or an applied psychologist licensed to practice under Chapter 39 of Title 43 or^ if the proposed ward is a patient in any federal medical facility in which neither such physician nor such applied psychologist is available, a physician authorized to practice medicine in that federal facility, other than the physician or psychologist who completed an affidavit attached to the petition pursuant to paragraph (3) of subsection (a) of this Code section." Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 901. By: Representative Smyre of the 92nd: A BILL to amend an Act which gives an express lien to involuntary, gratuitous, or naked depositories on property held in their possession, so as to create a lien on certain property found in repossessed automobiles; to provide for notice to the owner of such property; and for other purposes. The following substitute, offered by Representative Smyre of the 92nd, was read: A BILL To amend an Act which gives an express lien to involuntary, gratuitous, or naked depositories on property held in their possession, approved March 27, 1947 (Ga. Laws WEDNESDAY, MARCH 10, 1982 1953 1947, p. 1165), so as to create a lien on certain property found in repossessed automobiles; to provide for notice to the owner of such property; to provide for the disposition of such property; to provide for the disposition of proceeds; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act which gives an express lien to involuntary, gratuitous, or naked depositories on property held in their possession, approved March 27, 1947 (Ga. Laws 1947, p. 1165), is hereby amended by adding at the beginning of the first sentence of Section I of said Act the following: "Except as provided in Section IIA,", so that when so amended Section I of said Act shall read as follows: "Section I. Except as provided in Section IIA, Involuntary Gratuitous or Naked Depositories shall have a lien on property in their possession for any expense incurred in caring for the property and any expenses incurred in the effort to locate the owner thereof. Where the property consists of closed trunks, suitcases, bags, boxes, bundles, packages, etc., which do not on the outside thereof contain marks from which the owner can be ascertained, such Depositories are authorized, but not required, to open said container for the purpose of ascertaining, if possible, the name and address of the owner. Where the owner and his address is are known, the Depository is authorized, but not required, to address a registered notice to such owner, that the Depository holds such property which will be delivered to the owner on reasonable identification and payment of any charges that have accrued for caring for said property and giving such notice." Section 2. Said Act is further amended by striking from the first sentence of Section II of"sAanidy"A, ct the following: and substituting in lieu thereof the following: "Except as provided in Section IIA, any", so that when so amended Section II of said Act shall read as follows: "Section II. Any Except as provided in Section IIA, any property in the possession of an Involuntary Gratuitous or Naked Depository remaining unclaimed or unidentified, or the reasonable expense incurred in connection with the same remains unpaid, for the period of six months from the time said property came into the possession of such Depositories, may be sold at public auction to the highest bidder at such time and place as may be designated by such Depository; provided that such Depositories shall have published a notice containing a general description of the property and the time and place of sale once a week for two successive weeks prior to the date of sale in a newspaper of general circulation in the place of sale, or the nearest place thereto." Section 3. Said Act is further amended by adding between Section II and Section III of said Act a new Section to read as follows: "Section IIA. (a) Any person who lawfully repossesses a motor vehicle shall be an Involuntary Gratuitous or Naked Depository of any personal property found in such motor vehicle and shall have a lien on such property for any reasonable expenses incurred in storing such property or in giving notice to such owner. (b) Within 10 days of the date of repossession, the person repossessing such motor vehicle shall notify the owner of the motor vehicle of the intent to dispose of the personal property. Such notice shall be sent by certified mail to the last known address of the owner of the motor vehicle as shown on the records of the Department of Revenue. (c) If the personal property is not redeemed within 30 days from the date of the first notice, a second notice shall be sent in the same manner as provided in subsection (b). (d) If the personal property is not redeemed within 30 days from the date of the second notice, the personal property may be disposed of in the manner most expeditious 1954 JOURNAL OF THE HOUSE, to the Depository without further liability; and the proceeds shall be disbursed in accordance with Section III of this Act." Part 2 Section 4. Part 5 of Article 8 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to depositories, is amended by striking Code Section 44-14-410 in its entirety and inserting in its place a new Code Section 44-14-410 to read as follows: "44-14-410. Involuntary Except as provided in Code Section 44-14-411.1, involuntary, gratuitous, or naked depositories shall have a lien on the property in their possession for any expense incurred in caring for the property and any expenses incurred in the effort to locate the owner thereof. Where the property consists of closed trunks, suitcases, bags, boxes, bundles, packages, or other containers which do not on the outside contain marks from which the owner can be ascertained, such depositories are authorized, but are not required, to open such containers for the purpose of ascertaining, if possible, the name and address of the owner. Where the owner and his address are known, the depository is authorized, but is not required, to address a notice by registered or certified mail to the owner notifying him that the depository holds the property and that the property will be delivered to the owner upon reasonable identification and payment of any charges that have accrued in caring for the property and in giving such notice." Section 5. Said part is further amended by striking Code Section 44-14-411 in its entirety and inserting in its place a new Code Section 44-14-411 to read as follows: "44-14-411. Any Except as provided in Code Section 44-14-411.1, any property in the possession of an involuntary, gratuitous, or naked depository, which property remains unclaimed or unidentified or the reasonable expense incurred in connection with which remains unpaid for the period of six months from the time the property came into the possession of the depository, may be sold at public auction to the highest bidder at such time and place as may be designated by the depository; provided, however, that the depositories shall publish a notice containing a general description of the property and the time and place of sale once a week for two successive weeks prior to the date of the sale in a newspaper of general circulation in the place of the sale or the nearest place thereto." Section 6. Said part is further amended by adding immediately following Code Section 44-14-411 a new Code section, to be designated Code Section 44-14-411.1 to read as follows: "44-14-411.1. (a) Any person who lawfully repossesses a motor vehicle shall be an involuntary, gratuitous, or naked depository of any personal property found in such motor vehicle and shall have a lien on such property for any reasonable expenses incurred in storing such property or in giving notice to such owner. (b) Within ten days of the date of repossession, the person repossessing such motor vehicle shall notify the owner of the motor vehicle of the intent to dispose of the personal property. Such notice shall be sent by certified mail to the last known address of the owner of the motor vehicle as shown on the records of the Department of Revenue. (c) If the personal property is not redeemed within 30 days from the date of the first notice, a second notice shall be sent in the same manner as provided in subsection (b) of this Code section. (d) If the personal property is not redeemed within 30 days from the date of the second notice, the personal property may be disposed of in the manner most expeditious to the depository without further liability and the proceeds shall be disbursed as provided in Code Section 44-14-412." Section 7. Said part is further amended by striking Code Section 44-14-412 in its entirety and inserting in its place a new Code Section 44-14-412 to read as follows: "44-14-412. The proceeds of any sale made under Code Sections 44-14-410 and, 44-14-411, and 44-14-411.1 shall be applied to the payment of any expense incurred in caring for the property sold, any expense incurred in endeavoring to locate and make WEDNESDAY, MARCH 10, 1982 1955 delivery of the property to the owner, any expense of advertising the sale, and any other necessary expenses. Should there be a balance, the balance shall be payable to the owner of the property; provided, however, that any claim of an owner shall be barred unless made within one year from the date of the sale." Parts Section 8. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 9. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Karrh of the 106th and Smyre of the 92nd move to amend the substitute to HB 901 by striking after the word "property" on line 16, page 3, the rest of line 16, lines 17, 18, and 19; And by adding on line 16, page 3, after the word "property", the following: "Such notice must be actual notice, but may be by personal service or by service by certified mail." And also on lines 23, 24, 25, and 26 on page 5, Section 6. The substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended. On the passage of the Bill, by substitute, as amended, the ayes were 116, nays 12. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Davis of the 99th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 901, by substitute, as amended. HB 589. By: Representatives Snow and Hays of the 1st, Peters of the 2nd, Foster and Williams of the 6th and others: A BILL to amend Code Chapter 32-37, relating to the Georgia Student Finance Authority, so as to establish a program of tuition equalization grants to certain citizens of this state attending certain outof-state institutions of higher learning; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Chapter 32-37, relating to the Georgia Student Finance Authority, so as to provide for payment of tuition equalization grants to certain citizens of this state attending certain out-of-state institutions of higher education; to state findings and purposes; to define terms; to provide for all related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. 1956 JOURNAL OF THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Chapter 32-37, relating to the Georgia Student Finance Authority, is amended by replacing Code Section 32-3758 with a new Code section to read as follows: "32-3758. Legislative findings and purpose, (a) The General Assembly finds that the facilities of accredited independent colleges and universities located within the state can be used more effectively in the public interest by the grant of financial assistance to citizens who choose to attend such colleges and universities, and that the provision of such assistance will reduce the costs to the taxpayers of the state below the cost of providing similar instruction to such citizens within the university system. The purpose of the General Assembly, as provided for in this article, is to enable the authority to provide tuition equalization grant assistance to citizens who choose to attend such accredited private colleges and universities located within the state. (b) The General Assembly further finds that, because of their location within the state, the four-year and graduate level institutions of the University System of Georgia are not equally available to citizens in certain areas of the state. The General Assembly further finds that extension of the program of tuition equalization grants established by this article to include certain students attending certain out-of-state institutions will be in the public interest as an effective and efficient means of making four-year and graduate level institutions of higher education more equally available to all citizens of the state." Section 2. Said Code chapter is further amended by replacing paragraphs (1) and (2) of Code Section 32-3759 with new paragraphs to read as follows: "(1) 'Approved school/ means: (A) A nonproprietary institution of higher education located in Georgia this state which is not a branch of the University System of Georgia^; which is accredited by the Southern Association of Colleges and Schools^ which is not a bible Bible school or college (or, at the graduate level, a school or college of theology or divinity); and which is not presently receiving state funds under Code Sections 32-156 through 32-164, the Junior College Act of 1958, as amended; provided, however, that an institution which otherwise meets the requirements of this definition and of this Act except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approved school' during the period that the institution holds candidate for accreditation status with the Southern Association of Colleges and Schools; A nonproprietary institution of higher education located outside the State of ia which is a four-year or graduate level institution of higher education that ij or is a part of a college or university system that is, owned and operated by a state other than Georgia; which is accredited by the Southern Association of Colleges and Schools: which is not a Bible school or college (or, at the graduate level, a school or college of theology or divinity); and which is located within 50 road miles, by the nearest practical route of travel, of the home residence of one or more eligible students. The term 'home residence,' for purposes of this article, shall, in the case of a dependent student, mean the principal residence of the parent or legal guardian of a student. (2) 'Eligible student;' A person who means a person who: (A) Is enrolled in or accepted for enrollment as a full-time undergraduate level student in an approved schoolj (and or as a graduate level student if funds are specifically appropriated in appropriation Acts of the General Assembly for payment of grants to graduate level students}; adj (B) who is Is or will be a citizen of Georgia for a period of at least 12 months immediately prior to th each date of registration therein, in the approved school; The term 'eligible student' shall net include a student who (C) Is not knowingly promotes er engages promoting or engaging in any activity which is determined by the approved school's governing body to be detrimental to the school ; and WEDNESDAY, MARCH 10, 1982 1957 (D) In the case of an approved school located outside the State of Georgia, is enrolled or accepted for enrollment therein at an academic level beyond the sophomore academic classification, and whose home residence is, by the nearest practical route of travel, located within 50 road miles of the approved school and more than 50 road miles from the nearest four-year institution of the University System of Georgia." Part 2 Section 3. Subpart 5 of Part 3 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to tuition equalization grants, is amended by replacing Code Section 20-3-410 with a new Code section to read as follows: "20-3-410. (a) The General Assembly finds that the facilities of accredited independent colleges and universities located within the state can be used more effectively in the public interest by the grant of financial assistance to citizens who choose to attend such colleges and universities and that the provision of such assistance will reduce the costs to the taxpayers of the state below the cost of providing similar instruction to such citizens within the university system. The purpose of the General Assembly, as provided for in this subpart, is to enable the authority to provide tuition equalization grant assistance to citizens who choose to attend such accredited private colleges and universities located within the state. (b) The General Assembly further finds that, because of their location within the state, the four-year and graduate level institutions of the University System of Georgia are not equally available to citizens in certain areas of the state. The General Assembly further finds that extension of the program of tuition equalization grants established by this subpart to include certain students attending certain out-of-state institutions will be in the public interest as an effective and efficient means of making four-year and graduate level institutions of higher education more equally available to all citizens of the state." Section 4. Said subpart is further amended by replacing paragraphs (2) and (3) of Code Section 20-3-411 with new paragraphs to read as follows: "(2) 'Approved school' means: (A) a A nonproprietary institution of higher education located in this state which is not a branch of the university system;; which is accredited by the Southern Association of Colleges and Schools^; which is not a Bible school or college (or, at the graduate level, a school or college of theology or divinity);; and which is not presently receiving state funds under Article 4 of this chapter; provided, however, that an institution which otherwise meets the requirements of this definition and of this subpart except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approved school' during the period that the institution holds candidate for accreditation status with the Southern Association of Colleges and Schools:; and (B) A nonproprietary institution of higher education located outside the State of Georgia which is a four-year or graduate level institution of higher education that is, or is a part of a college or university system that is, owned and operated by a state other than Georgia; which is accredited by the Southern Association of Colleges and Schools; which is not a Bible school or college (or, at the graduate level, a school or college of theology or divinity); and which is located within 50 road miles, by the nearest practical route of travel, of the home residence of one or more eligible students. The term 'home residence,' for purposes of this subpart, shall, in the case of a dependent student, mean the principal residence of the parent or legal guardian of a student. (3) 'Eligible student' means a person who: (A) Is enrolled in or accepted for enrollment as a full-time undergraduate level student in an approved school or as a graduate level student if funds are specifically appropriated in appropriations Acts of the General Assembly for payment of grants to graduate level students;ad 1958 JOURNAL OF THE HOUSE, (B) who is Is or will be a citizen of Georgia for a period of at least 12 months immediately prior to the each date of registration therein, in the approved school; The term 'eligible student' shall net include a student whe (C) Is not knowingly promotes er engages promoting or engaging in any activity which is determined by the approved school's governing body to be detrimental to the school; and (D) In the case of an approved school located outside the State of Georgia, is enrolled or accepted for enrollment therein at an academic level beyond the sophomore academic classification and whose home residence iSj by the nearest practical route of travel, located within 50 road miles of the approved school and more than 50 road miles from the nearest four-year institution of the University System of Georgia." Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective on June 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 118, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1449. By: Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th and Culpepper of the 98th: A BILL to amend Code Chapter 91A-3, relating to tax execution, so as to change provisions relative to interest on executions for municipal taxes; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 114, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1474. By: Representatives Castleberry of the lllth, Cheeks of the 89th, Kemp of the 139th, Buck of the 95th, Edwards of the 110th and others: A BILL to grant and prescribe the manner of expenditure for public schools and county roads of proceeds from timber sales from military installations and military facilities of the United States; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 126, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1436. By: Representatives Jones of the 78th, Mostiler of the 71st, Dover of the llth, and Wood and Benefield of the 72nd: A BILL to amend Chapter 2 of Title 20 WEDNESDAY, MARCH 10, 1982 1959 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to require certain procedures be followed by any local school superintendent or local board of education; and for other purposes. The following amendment was read and adopted: Representatives Hasty of the 8th, Miles of the 107th and Jones of the 78th move to amend HB 1436 by striking from lines 24 and 25 of page 1 the following: "or by any other local board of education in this state". By adding on line 26 of page 1 after the word and symbol "section." the following: "If a teacher or other professional school employee certificated by the State Board of Education who has been employed for three or more years by the same local board of education transfers to a different school system in this state, then, after an additional year of teaching in that school system, the nonrenewal of the contract of such teacher or other person or his demotion for subsequent years shall be as provided in this Code section." The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 105, nays 22. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Connell of the 87th District, Chairman of the Committee on Constitutional Revision, submitted the following report: Mr. Speaker: Your Committee on Constitutional Revision has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HR 750 Do Not Pass Respectfully submitted, Connell of the 87th Chairman 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. 1960 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Thursday, March 11, 1982 The House met pursuant to adjournment at 10:00, 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 Batkcom Bargeron Baugh Beal Beck Benefield Benn Birdsong Bolster Branch Bray Brooks Burruss Burton Byrd Cason Castleberry Chamberlin C ham bless Chance Cheeks Childers Childs Clark.B Clark.L Colbert Coleman Collins Colwell Connell Cox Crawford Crosby Cul pepper Cummings Darden Davis.B Davis,L Dean Dent Dixon Dobbs Dover Evans Felton Fortune Foster Fu!ler,C Galer Ginsberg Godbee Greer Ham Hamilton Hanner Harris Hasty Hawkins Hays Hooks Home 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 Lord Lowe Lucas Mangum Mann Marcus Martin McCollum McDonald Miles Milford Montgomery Moody Moore Mostiler Mullinax Nicholson Nix Oliver Padgett Parham Patten Perry Peters Phillips.B Phillips,L.L Phillips.R.T Pilewicz Pinkston Rainey Ralston Reaves Richardson Robinson Rose Ross Rowland Russell Savage Scott,A Scott.D Shepard Sherrod Sizemore Smith.T Smyre Snow Steinberg Swann Thompson Townsend Triplett Tuten Vandiford Vaughn Veazey Waddle Walker Wall Ware Watson White Widener Williams.BJ Williams.H Wilson Wood,J Wood,J.T Workman Speaker Murphy Prayer was offered by the Reverend Myles Lorenzen, Pastor, Fellowship Bible Church, Roswell, Georgia. The Speaker announced the passing of Honorable Virlyn B. Smith, Representative from the 42nd District. 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. THURSDAY, MARCH 11, 1982 1961 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the Rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees: HB 1908. By: Representative Adams of the 79th: A BILL to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia pertaining to the City of Molena in the County of Pike; to provide a new charter therefor; to organize the municipal government thereof; to prescribe the corporate limits; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1909. By: Representative Adams of the 79th: A BILL to amend an Act increasing the compensation of the chairman and other members of the board of commissioners of Upson County, so as to provide for the reimbursement of expenses of the chairman and other members of the board of commissioners; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1910. By: Representative Peters of the 2nd: A BILL to amend an Act creating the office of tax commissioner of Catoosa County, so as to change the amount payable for clerical help in that office; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1911. By: Representative Edwards of the 110th: A BILL to amend an Act abolishing the present mode of compensating the Ordinary of Taylor County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the provisions relative to the authority of the judge of the probate court to appoint certain personnel; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1912. By: Representative Edwards of the 110th: A BILL to amend an Act abolishing the mode of compensating the Clerk of the Superior Court of Taylor County, known as the fee system, and providing in lieu thereof an annual salary, so as to change certain provisions relative to the authority of the clerk to appoint personnel; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1913. By: Representatives Wilson, Darden and Thompson of the 19th, Harrison of the 20th, Burruss of the 21st and others: A BILL to amend an Act creating the Cobb County-Marietta Water Authority, so as to change provisions relating to vacancy in office; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1914. By: Representative Vaughn of the 57th: A BILL to amend an Act creating the Magistrate's Court of Rockdale County, so as to change the amount of the fine that the magistrate may impose for any single offense; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 1962 JOURNAL OF THE HOUSE, HB 1915. By: Representative Veazy of the 146th: A BILL to amend Code Chapter 67-20, relating to mechanics' and materialmen's liens, so as to provide certain lien rights to nurserymen; to change the definition of the terms "materials" and "materialman"; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on Judiciary. HB 1916. By: Representative Long of the 142nd: A BILL to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards and licensing of water well contractors, so as to provide for forfeiture of rigs and commercial vehicles used in unlawful drilling by unlicensed persons; and for other purposes. Referred to the Committee on Natural Resources. HB 1917. By: Representative Dent of the 85th: A BILL to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of, terms of, and manner of electing members of the board; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 792. By: Representatives Williams of the 48th, Childs of the 51st, Richardson of the 52nd, Davis of the 45th, Mangum of the 56th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that each resident of the DeKalb County School District who is 65 years of age or over and whose gross income does not exceed $10,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 793. By: Representatives Childs of the 51st, Richardson of the 52nd, Steinberg of the 46th, Williams of the 48th, Hawkins of the 50th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of the spouse and all members of the family who reside at and occupy the homestead of such resident, does not exceed $16,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 813. By: Representatives Matthews of the 145th and Collins of the 144th: A RESOLUTION proposing an amendment to the Constitution so as to require the tax commissioner of Colquitt County to collect an additional fee of $1.00 for every motor vehicle license tag or annual renewal decal issued by such official and to require the revenue derived from the collection of such fee to be used to fund emergency medical services in Colquitt County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: THURSDAY, MARCH 11, 1982 1963 HB 1858 HB 1859 HB 1860 HB 1861 HB 1862 HB 1863 HB 1864 HB 1865 HR sfi7 HR !fi8 HR !R79 HR }mi HHtRS i1O7/44 Ho 1875 Ho 1877 rlo 1878 1879 Ho 1880 HR 1J3S1 HB 1882 HB 188o HuMnBB 1i1c88Oa8Oc5 HHBB 11888878 HB 1889 HB 1890 HB 1891 HB 1892 HB 1893 HB 1894 HB 1895 HB 1896 HB 1897 HB 1898 HB 1899 HB 1900 HB 1901 HB 1903 HB 1904 HB 1905 HB 1906 jH_jBp ^17990? TJD TOA HK 78 TTD ^82 HR 7ft1} MR 7fi7 HR 78ft UD TOO H T-TKR 7'QOy op i no CD coo OD CAA fCOc>DDti "cCQ4^tf>,i H SB 5710J ^ ;" bB 716 SB 719 SB 720 SR 244 SR 321 Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Recreation, submitted the following report: Mr. Speaker: Your Committee on Game, Fish & Recreation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1703 Do Pass SB 590 Do Pass. SB 512 Do Not Pass Respectfully submitted, Rainey of the 135th Chairman Representative Marcus of the 26th District, Chairman of the Committee on Health & Ecology, submitted the following report: Mr. Speaker: 1964 JOURNAL OF THE HOUSE, Your Committee on Health & Ecology has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 592 Do Pass SB 620 Do Pass Respectfully submitted, Marcus of the 26th Chairman Representative Triplett of the 128th District, Chairman of the Committee on Highways, submitted the following report: Mr. Speaker: Your Committee on Highways has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 755 Do Pass Respectfully submitted, Triplett of the 128th Chairman Representative Dent of the 85th District, Chairman of the Committee on Human Relations & Aging, submitted the following report: Mr. Speaker: Your Committee on Human Relations & Aging has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 500 Do Pass SB 606 Do Pass, by Substitute Respectfully submitted, Dent of the 85th Chairman Representative Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1508 Do Pass HB 1473 Do Pass, by Substitute HB 1774 Do Pass, as Amended HB 1847 Do Pass, as Amended HB 1558 Do Pass HB 1729 Do Pass, by Substitute HB 1638 Do Pass HB 1814 Do Pass Respectfully submitted, Snow of the 1st Chairman THURSDAY, MARCH 11, 1982 1965 ;| Representative Jessup of the 117th District, Chairman of the Committee on Motor '$. Vehicles, submitted the following report: ? Mr. Speaker: Your Committee on Motor Vehicles has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 298 Do Pass HB 1201 Do Pass, by Substitute HB 1527 Do Pass HB 1529 Do Pass HB 1620 Do Pass HB 1621 Do Pass, as Amended SB 208 SB 506 SB 599 SB 667 SB 669 Do Pass Do Pass, as Amended Do Pass, as Amended Do Pass Do Pass Respectfully submitted, Jessup of the 117th Chairman Representative Coleman of the 118th District, Chairman of the Committee on Public Safety, submitted the following report: Mr. Speaker: ! Your Committee on Public Safety has had under consideration the following Bill of ' !; the Senate and has instructed me to report the same back to the House with the following ': recommendation: SB 709 Do Pass Respectfully submitted, Coleman of the 118th Chairman Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 728 Do Pass HR 749 Do Pass HR 757 Do Pass Respectfully submitted, Lee of the 72nd Chairman Representative Bray of the 70th District, Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker: Your Committee on State of Republic has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: 1966 JOURNAL OF THE HOUSE, SB 703 Do Pass HB 364 Do Pass, by Substitute Respectfully submitted, Bray of the 70th Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1741 Do Pass HB 1805 Do Pass HB 1806 Do Pass HB 1807 Do Pass HB 1808 Do Pass HB 1809 Do Pass TM }0 DPass 5n }812 Do Pass TM "J3 Do Pass HunB 1ia8i1c5 Dno PDass H tHinBB li1O a8i1-lb77 UnDO ~o FPPOaa=SsOSs THirB> 11081108 TD->o TP>ass HB 1819 Do Pass T HJBD 11Q8O2O2 rD,^ o TPJaososo HB 1823 Do Pass HB 1824 Do Pass HB 1826 Do Pass HB 1841 Do Pass HB 1842 Do Pass HB 1843 Do Pass HB 1844 Do Pass HB 1845 Do Pass HB 1848 Do Pass HB 1850 Do Pass HB 1851 Do Pass HB 1852 Do Pass HB 1853 Do Pass HB 1854 Do Pass HB 1855 Do Pass HB 1856 Do Pags HB 85 D p THTBO ,18,,6,,9,, ,D-.o ,,Pass HuITnBT> ,1, 8aQ-7nT-n, rD,->\o n PDass HHBR ,1,,8,,71 UDo rpass ,,,, TM ,, ,,_ HR 741 _D TM ITM HR 777 Do Pass SB 686 Do Pass SB 687 Do Pass HB 1396 Do Pass HB 1501 Do Pass HB 1737 Do Pass HB 1836 Do Pass Respectfully submitted, Adams of the 36th Chairman Representative Buck of the 95th District, Chairman of the Committee on University System of Georgia, submitted the following report: Mr. Speaker: Your Committee on University System of Georgia has had under consideration the fol lowing Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 782 Do Pass Respectfully submitted, Buck of the 95th Chairman THURSDAY, MARCH 11, 1982 1967 The following Report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, MARCH 11, 1982 Mr. Speaker and Members of the House: The Committee on Rules, in session assembled, has fixed the calendar for this day's business, March 11, 1982, as enumerated below: HB 1340 Teachers' Ret., Interest Rate HB 1342 Teachers' Ret., Service Credit HB 1435 Dangerous Drugs: Amend List HB 1464 Workers' Comp., Total, Partial Disability HB 1469 Divorce: Final Decree HB 1495 Precious Metals, Dealer Regulations HB 1546 World Congress Center, Recreate Authority HB 1631 Superior Court Clerk, Vacancies HB 1636 Criminal Procedure, Appearance Bonds HB 1693 Securities, Limited Offering Transaction Exemption HB 1695 Public Assistance, Rules, Regulations HB 1715 State Agencies, Sovereign Immunity HB 1719 Cordele, Rome Judicial Circuits, Number of Judges HB 1724 Probate Courts, Powers and Duties HB 1730 Tenant Dispossessory Proceedings, Summons HB 1736 Indemnification: Prison Guard Definition HB 1742 Income Tax, Credit, Work Place for Handicapped HB 1749 Alcoholic Bev. Sales, Sundays, Elect. Days (Rec.) HB 1755 Railroads, Special Officers, Protect Property HB 1780 Irrigation System, Equipment Required HB 1783 Supreme Court, Publisher Maintain Reports HB 1825 Boards of Elections, Population Classification HR 583 Dr. McKee Hargrett Bridge, Designate HR 658 Convey Property, Butts County HR 710 Convey Property, DeKalb County ALL COMPENSATION RESOLUTIONS APPROVED BY THE APPROPRIATIONS COMMITTEE Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully Submitted, /s/ Lee of the 72nd Chairman By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: HB 1396. By: Representative Daugherty of the 33rd: A BILL to amend an Act establishing a municipal court of the City of Atlanta, so as to revise certain costs and service fees charged by the clerk and marshal of said court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 1968 JOURNAL OF THE HOUSE, HB 1501. By: Representatives Fuller of the 27th and Couch of the 43rd: A BILL to com pletely and exhaustively revise, supersede, consolidate, and replace all of the laws and amendments thereto pertaining to the Fulton County Personnel Administration; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1737. By: Representative Hawkins of the 50th: A BILL to amend an Act creating a new charter for the City of Atlanta, so as to exclude certain property from the corporate limits of the city; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1739. By: Representative Chamberlin of the 73rd: A BILL to amend an Act creating a Small Claims Court in and for Henry County, so as to provide for the election of the judge of the court; and for other purposes. The following amendment was read and adopted: Representative Chamberlin of the 73rd moves to amend HB 1739 by striking from Section 2 on line 26 of page 1 the following: "December 31, 1984", and inserting in lieu thereof the following: "December 31, 1982". By striking from Section 2 on line 2 of page 2 the following: "1984", and inserting in lieu thereof the following: "1982". By striking from Section 2 on line 6 of page 2 the following: "January, 1985", and inserting in lieu thereof the following: "January, 1983". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. THURSDAY, MARCH 11, 1982 1969 HB 1741. By: Representatives Nicholson of the 88th, Padgett of the 86th, Cheeks of the 89th, Dent of the 85th, Connell of the 87th and Swann of the 90th: A BILL to amend an Act relating to the Civil Court of Richmond County, so as to change provisions relative to costs and fees and deposits of costs; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1805. By: Representatives Snow and Hays of the 1st, Crawford of the 5th, Foster and Williams of the 6th and others: A BILL to change the method of filling vacan cies on the board of the hospital authority of Walker, Dade, and Catoosa coun ties; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1806. By: Representatives Snow and Hays of the 1st and Crawford of the 5th: A BILL to amend an Act placing the Dade County probate judge on an annual salary, so as to change provisions relating to compensation of the judge's deputies and clerks; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1807. By: Representatives Snow and Hays of the 1st and Crawford of the 5th: A BILL to amend an Act placing the Dade County clerk of superior court on an annual salary, so as to change provisions relating to the compensation of the clerk's deputies; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1808. By: Representatives Snow and Hays of the 1st and Crawford of the 5th: A BILL to amend an Act creating the office of tax commissioner of Dade County, so as to change provisions relating to the compensation of the personnel employed by the tax commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. 1970 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 1809. By: Representatives Snow and Hays of the 1st, Crawford of the 5th, and Foster and Williams of the 6th: A BILL to amend an Act placing the clerk of superior court of Walker County on an annual salary, so as to change the maximum compensation of personnel of the clerk's office; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1810. By: Representatives Snow and Hays of the 1st and Crawford of the 5th: A BILL to amend an Act creating the office of Dade County commissioner, so as to change procedures for the sale of surplus county property; to remove a limita tion upon the compensation of personnel of the commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1812. By: Representatives Snow and Hays of the 1st, Crawford of the 5th, and Foster and Williams of the 6th: A BILL to create and establish a Small Claims Court of Walker County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1813. By: Representative Collins of the 144th: A BILL to amend an Act creating a small claims court in each county of this state having a population of not less than 19,500 and not more than 19,700 according to the United States decennial census of 1960 or any future such census, so as to change the provisions relative to population; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1815. By: Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th: A BILL to amend Code Title 91A, relating to public revenue and taxa tion, so as to change the population classifications of provisions affecting coun ties within this state having a population of not less than 63,000 nor more than 72,000 according to the United States decennial census of 1970 or any future THURSDAY, MARCH 11, 1982 1971 such census; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1816. By: Representatives Ware of the 68th and Mullinax of the 69th: A BILL to amend an Act providing compensation for specified officers in Troup County, so as to change the salary of the sheriff, clerk of the superior court, tax commis sioner, and judge of the probate court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1817. By: Representatives Ware of the 68th and Mullinax of the 69th: A BILL to amend an Act creating a Small Claims Court of Troup County, so as to change the salary of the judge; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1818. By: Representatives Ware of the 68th and Mullinax of the 69th: A BILL to amend an Act to change the compensation of the coroner of Troup County, so as to change the salary of the coroner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1819. By: Representatives Ware of the 68th and Mullinax of the 69th: A BILL to amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), so as to change the compensation of the judge and the solicitor; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1822. By: Representatives Patten of the 149th, Beck of the 148th and Reaves of the 147th: A BILL to amend an Act providing for a board of elections in certain 1972 JOURNAL OF THE HOUSE, counties, so as to change the population brackets from "not less than 55,110 and not more than 56,000 according to the 1970 United States Decennial Cen sus" to "not less than 66,000 and not more than 74,000 according to the 1980 United States Decennial Census"; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1823. By: Representatives Patten of the 149th, Beck of the 148th and Reaves of the 147th: A BILL to amend an Act changing the compensation of the coroner in certain counties of this state, so as to change the population brackets from "not less than 55,110 and not more than 58,000 according to the United States decennial census of 1970" to "not less than 66,000 and not more than 74,000 according to the 1980 United States decennial census"; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1824. By: Representatives Mullinax of the 69th and Ware of the 68th: A BILL to pro vide for a board of elections in certain counties; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1826. By: Representatives Godbee of the 82nd and Lane of the 81st: A BILL to amend an Act creating the Small Claims Court of Bulloch County, so as to change pro visions relating to the jurisdiction of the court and the compensation of the judge; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1836. By: Representative Couch of the 43rd: A BILL to provide a new charter for the City of Union City; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. THURSDAY, MARCH 11, 1982 1973 HB 1841. By: Representative Birdsong of the 103rd: A BILL to amend an Act providing an annual salary for the Clerk of the Superior Court of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relating to the compensation of the clerk; to change the provisions relating to personnel for said officer; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1842. By: Representative Birdsong of the 103rd: A BILL to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation of the sheriff; to change the provisions relative to personnel for said officer; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1843. By: Representative Birdsong of the 103rd: A BILL to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Twiggs, so as to change the compensation of the chairman and other members of the board; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1844. By: Representative Birdsong of the 103rd: A BILL to amend an Act providing an annual salary for the Tax Commissioner of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relative to the compen sation of-the tax commissioner; to change the provisions relative to personnel for said officer; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1845. By: Representative Birdsong of the 103rd: A BILL to amend an Act providing an annual salary for the Judge of the Probate Court of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation of the judge of the probate court; to change the provisions rela tive to personnel for said officer; and for other purposes. 1974 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1848. By: Representative Cox of the 141st: A BILL to amend an Act creating a new charter for the City of Climax, so as to change the terms of office of the mayor and council; to provide for the election of said officials; to establish a recorder's court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1850. By: Representative Branch of the 137th: A BILL to amend an Act creating the Fitzgerald and Ben Hill County Development Authority, so as to change the provisions relating to the powers of the Authority; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1851. By: Representatives Karrh of the 106th and Miles of the 107th: A BILL to amend an Act known as the "Emanuel County Development Authority Act," so as to change the limitation on the amount of interest which may be paid by said authority; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1852. By: Representatives Fortune and Mostiler of the 71st: A BILL to amend an Act creating a small claims court for Spalding County, so as to change the jurisdic tion of said court; to change the compensation of the judge of said court from a fee system to an annual salary; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1853. By: Representative Vaughn of the 57th: A BILL to amend an Act providing for a Public Defender for Rockdale County, so as to change the compensation of the public defender; and for other purposes. THURSDAY, MARCH 11, 1982 1975 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1854. By: Representatives Auten of the 154th and Tuten of the 153rd: A BILL to amend an Act creating a Board of Commissioners of Glynn County, so as to change the number, composition, and method of election of members of the board of commissioners; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1855. By: Representatives Crawford of the 5th, and Hays and Snow of the 1st: A BILL to fix the compensation of the county commissioner of counties having a popu lation of not less than 12,300 and not more than 12,400; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1856. By: Representative Jackson of the 75th: A BILL to amend an Act creating the Small Claims Court of Walton County, so as to require said court to make a contribution from the fees collected to the board of trustees of the Walton County Law Library; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1857. By: Representatives Collins of the 144th and Mann of the 13th: A BILL to pro vide for the compensation of the chairman and members of the county board of education in all counties of this state having a population of not less than 20,900 nor more than 21,200 according to the United States decennial census of 1980 or any future such census; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1869. By: Representatives Connell of the 87th, Swann of the 90th, Nicholson of the 88th, Dent of the 85th and Cheeks of the 89th: A BILL to amend an Act creat ing the Augusta Redevelopment Authority, so as to direct and authorize the 1976 JOURNAL OF THE HOUSE, chairman of the authority to contract with the Augusta Downtown Development Authority for the transfer of all assets and liabilities of the redevelopment authority to the downtown development authority; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1870. By: Representatives Aaron of the 56th, Richardson of the 52nd, Childs of the 51st, Davis 'of the 45th, Mangum of the 56th and others: A BILL to amend an Act creating and establishing the Recorder's Court of DeKalb County, so as to delete the requirement that deputy clerks shall be citizens and taxpayers of DeKalb County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1871. By: Representative Sizemore of the 136th: A BILL to amend an Act creating a new charter for the City of Poulan, so as to change the corporate limits of the city; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 686. By: Senators Barnes of the 33rd and Thompson of the 32nd: A BILL to amend an Act creating a system of public schools for the City of Marietta, so as to change the time at which members of the board of education are appointed; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 687. By: Senators Barnes of the 33rd and Thompson of the 32nd: A BILL to amend an Act reincorporating the City of Marietta in Cobb County and creating a new charter for said city, so as to change the date for holding certain elections; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. THURSDAY, MARCH 11, 1982 1977 HR 672. By: Representative Smith of the 42nd: A RESOLUTION Proposing an amendment to the Constitution so as to provide an increase in the maxi mum income qualification for homestead exemptions from the city ad valorem taxation for resident homeowners in the City of Union City who are 65 years of age or older; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution of the State of Georgia of 1976, as amended, is amended by deleting from that paragraph regarding home stead exemptions for aged, low-income residents of the City of Union City, Georgia (Ga. L. 1977, p. 1572) and ratified on November 7, 1978, the phrase "six thousand dollars ($6,000.00)" and inserting in lieu thereof the phrase "eight thousand dollars ($8,000.00)", so that said paragraph shall provide as follows: "A homestead of each resident who is 65 years of age or older, with an annual income of eight thousand dollars ($8,000.00) or less in the City of Union City actually occupied by the owner primarily as such, is hereby exempted from all city ad valorem taxes in an amount of four thousand dollars ($4,000.00) of its value." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide for an increase in the maximum income qualification from $6,000.00 to $8,000.00 for homestead exemptions from city ad valorem taxation for resident homeowners in the City of Union City who are 65 years of age or older?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams,J YAdams.M Aiken Y Anderson Argo Y Auten YBalkcom Y Bargeron Y Baugh YBeal Y Beck Y Benefield Benn Birdsong Bishop Bolster Y Branch Y Bray Brooks Y Buck Burruss Y Burton Y Byrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark.L Y Colbert Coleman Y Collins Y Colwell Y Connell Couch Y Cox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Davis.B Davis,J Davis.L Y Dean Y Dent Dixon Y Dobbs Y Dover Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer Y Ham Hamilton Y Hanner Y Harris Harrison Y Hasty Y Hawkins Y Hays Hill Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson.J Jackson.N Y Jackson,W Y Jessup Y Johnson.G Y Johnson,R Jones.B Y Jones.H Karrh Y Kemp Kilgore Lambert Y Lane.D Y Lane.R Y Lawson Y Lee Y Logan 1978 JOURNAL OF THE HOUSE, Y Long Y Lord Lowe Lucas Y Mangum Mann Y Marcus Martin Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson Y Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Y Phillips,L.L Y Phillips.R.T Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson Y Rose Ross Y Rowland Russell Y Savage Scott,A Y Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith,V Y Smyre Y Snow Y Steinberg Swann Y Thomas Y Thompson Y Townsend Y Triplet! Y Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Walker Y Wall Ware Y Watson White Y Widener Y Williams.B.J Williams.H Williams.R Y Wilson Y Wood.J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 125, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 741. By: Representative Adams of the 36th: A RESOLUTION Proposing an amendment to the Constitution of the State of Georgia so as to create the Hapeville Development Authority; to provide for the powers, authority and duty of such Authority; to authorize the Authority to issue its revenue bonds, and to provide for the method and manner of such issuance and for validation thereof; to authorize the Authority to contract with the City of Hapeville and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the City of Hapeville to con tract with the Authority for the use by the City of Hapeville or the residents thereof of any facilities or services of the Authority, and to authorize said city to create special tax districts and to levy taxes and to expend tax monies from said tax districts as well as tax funds of the city and other available funds of the city and to authorize the city to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Hapeville; to authorize the establishment of such rules and regulations and procedures as are necessary to accomplish the lawful purpose of said Authority; to provide for submission of this amendment for rati fication or rejection; to repeal conflicting laws; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section IV, Paragraph II of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following: "HAPEVILLE DEVELOPMENT AUTHORITY 1. Creation. There is hereby created a body, corporate and politic to be known as the Hapeville Development Authority which shall be deemed to be an instrumentality and political subdivision of the State of Georgia and a public corporation thereof and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded and complain and defend in all courts of law and equity. 2. Purpose. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining, and operating any public industrial, commercial, business or office projects, buildings and other public facilities, parking lots or garages and other parking structures and any and all other facilities use ful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper THURSDAY, MARCH 11, 1982 1979 development and operation thereof, and to attain development and promote for the pub lic good, general welfare, trade, commerce, industry and employment opportunities and to promote the general welfare of the community, by creating a climate favorable to the location of new industry, trade and commerce, and the development of existing industry, trade and commerce, and same is vested with authority to ascertain and designate areas it deems proper to be blighted, retarded or slum areas which constitute a serious and growing menace injurious to the public health, safety, morals and welfare of the resi dents of the City of Hapeville; the existence of such areas constitutes substantially and increasingly to the spread of disease, crime and constitutes increasingly an economic and social liability, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing for commercial accommodations, aggravates traffic prob lems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and the prevention and elimination of such areas is a matter of State and local policy and State and local concern in order that the State and its political subdivisions shall not continue to be endangered by areas which are focal centers of economic and social liability, and while contributing little to the tax income of the State and its municipalities, consume an excessive proportion of its revenue because of the extra services required for police, fire, accident, hospitalization and other forms of public protection, services and facilities; in order to alleviate the aforesaid problems and to accomplish the aforestated purpose, the Authority shall be vested with such powers as are necessary to accomplish same by acquisition, clearance and disposi tion subject to use restrictions of property, both real and personal, since the prevailing condition of decay may make impractical the reclamation of the area by conservation or rehabilitation; some areas or portions thereof may be susceptible to conservation or rehabilitation in such a manner that the conditions and evils hereinabove enumerated may be eliminated or remedied or prevented and to the extent feasible, savable areas should be conserved and rehabilitated through voluntary private action and regulatory processes; and the Authority may do any and all things deemed by such Authority nec essary, convenient or desirable for and incident to the efficient proper development and operation thereof. 3. Membership. The Authority shall consist of nine (9) members, one of whom shall be the Mayor of the City of Hapeville, Georgia, or his designated member from the City Council of the City of Hapeville. (a) Qualifications. All persons who have resided within the limits of the City of Hapeville for at least six months shall be eligible for nomination to membership on the Authority. (b) Composition and Appointments. The remaining eight positions for membership in the Authority shall be comprised as follows: The eight positions shall be filled by res olution of the Mayor and Council of Hapeville. The Mayor of the City of Hapeville or his designee shall serve during the term of office for which he was elected. The Chair man of the Authority shall be selected by a majority of ;ts members at the first annual meeting of each calendar year. The members of the Authority shall serve four (4) year staggered terms as follows: For the initial membership of the Authority, of the eight (8) positions filled by resolution of the Mayor and Council of Hapeville, two positions shall be filled for a one-year term, two positions shall be filled for two-year terms, two posi tions shall be filled for three-year terms and two positions for a four-year term. Thereaf ter, upon completion of a term for appointment, each successor shall be appointed for a four-year term and until their successors have been selected and appointed. Any mem ber of the Authority may be selected and appointed to succeed himself. All appoint ments shall be for a term commencing on January 1 and ending December 31. The members of the Authority shall enter upon their duties immediately after such appoint ment. The Authority shall elect one of its members to serve as Vice Chairman who shall be elected for a term of one year or until his successor is selected and qualified and annually thereafter the Authority shall select one of its members in the same manner for a one-year term. The Authority shall also select a Secretary-Treasurer which Secre tary-Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary-Treasurer shall be elected to 1980 JOURNAL OF THE HOUSE, serve at the pleasure of the Authority. No member of the Authority shall hold more than one office except that of Secretary-Treasurer. Four members of the Authority shall constitute a quorum. A majority of the members shall be empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, the same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner that such member originally became a member of the Authority. The Authority shall make rules and regulations for its own government. It shall have perpetual exis tence. In the event the number of members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly, except that the General Assembly may not alter the term of office of any duly appointed member then serving. 4. Definitions. As used herein the following words and terms shall have the following meanings: (a) The word 'Authority' shall mean the Hapeville Development Authority herein created. (b) The word 'Project' shall be deemed to mean and include the acquisition, con struction, installation, leasing, furnishing, or equipping of new industrial, commercial, business, office, trade or public facilities or the improvement, modification, renovation, acquisition, expansion, modernization, rehabilitation, leasing, equipping, furnishing, or remodeling of existing industrial, commercial, business, office, trade, or public facilities located or to be located within the City of Hapeville, including, but not limited to: one or more buildings or structures to be used in the production, manufacturing, processing, assembling, storing or handling of any agricultural, manufactured, mining or industrial product, or any combination of the foregoing; one or more buildings or structures or property useful or necessary in the transportation of persons or property; one or more buildings or structures or property to be used, maintained and operated as a multi-use coliseum and civic center type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances and all other public entertainments permitted by law, and the usual facili ties related thereto, including, without limitation, refreshment stands and restaurants; one or more buildings or structures or property useful or necessary in the accommoda tions of people, including but without limitation, any hotel, motel, motor inn, lodging house, lodge or any combination thereof; one or more buildings or structures used for any industrial, commercial business, office, public or other use; and parking facilities or parking areas, including but not limited to related buildings and the usual and conve nient facilities appertaining to such undertakings, and extensions and improvements of such facilities. (c) The term 'cost of project' shall include: all costs of construction, purchase or other form of acquisition; all costs of real or personal property required for the purposes of such project and of all facilities related thereto, including land and any rights or undi vided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses and certificates and the securing of such franchises, permits, approvals, licenses and certificates and the preparation of applications therefor; all machinery, equipment, initial fuel and other supplies required for such project; financing charges, interest prior to and during construction and during such additional period as the Authority may rea sonably determine to be necessary for the placing of such project in operation; costs of engineering architectural and legal services; fees paid to fiscal agents for financial and other advise or supervision; cost of plans and specifications and all expenses necessary or incidental to the construction, purchase or acquisition of the completed project or to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing herein autho rized. There may also be included, as part of such cost of project, the repayment of any loans made for the advance payment of any part of such cost, including the interest thereon at rates to be determined by the Authority, which loans are hereby authorized THURSDAY, MARCH 11, 1982 1981 if made payable solely from the proceeds of such Authority's bonds or notes or revenues to be received in connection with the leasing sale or financing of the project. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reason ably required by the Authority with respect to the financing and operation of its projects and as may be authorized by any bond resolution or trust agreement or inden ture pursuant to the provisions of which the issuance of any such bonds may be autho rized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued. (d) The terms 'revenue bonds' and 'bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, including refunding bonds, as though such revenue bonds had originally been authorized to be issued under the provisions of the Revenue Bond Law (Ga. Laws 1957, p. 36, et seq., as amended) amending the law for merly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761, et seq., as amended) and in addition shall also mean any obligations of the Authority, the issu ance of which are hereinafter specifically provided for. (e) Any project or combination of projects shall be deemed 'self-liquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including, but not limited to, any revenues derived from the City of Hapeville or other political subdivision under any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and maintaining the project to pay the principal and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project, projects, or combination of projects. 5. Powers. The Authority shall have the powers: (a) To sue and be sued, except as expressly provided for herein; (b) To adopt and alter a corporate seal; (c) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (d) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation, upon the approval of the Mayor and Council of the City of Hapeville, and in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real prop erty, or rights or easements therein, or franchises necessary or convenient for its corpo rate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any man ner it deems to the best advantage of the Authority, the Authority being under no obli gation to accept and pay for any property condemned under the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (e) To appoint, select and employ officers, agents and employees, including engineer ing, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (f) To make contracts and leases and to execute all instruments necessary or conve nient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to con tract with the City of Hapeville and with the State of Georgia and any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; and the City of Hapeville is hereby authorized to enter into contracts and related agreements for the use by the City of Hapeville or the residents hereof of any project, structure, building or facility 1982 JOURNAL OF THE HOUSE, or a combination of two or more projects, structures, buildings or facilities of the Authority for a term not exceeding fifty years; and said City shall be and the same is hereby specifically authorized to levy taxes, without limitation as to rate or amount, and to expend tax monies of the City and any other available funds and to obligate said City to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Hapeville, in order to enable the Authority to pay the principal of and interest on any of its bonds as same mature and to create and maintain a reserve for that purpose and also to enable the Authority to pay the cost of maintaining, repairing and operating the property or facili ties so furnished by said Authority; (g) To acquire, construct, own, repair, add to, extend, improve, equip, operate, main tain and manage projects, as hereinabove defined, the cost of any such project to be paid, in whole or in part, from the proceeds of revenue bonds of the Authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instru mentality thereof; (h) To finance (by loan, grant, lease or otherwise), construct, erect, assemble, pur chase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes or other obligations of the Authority or any other funds of the Authority, or from any contributions or loans by persons, corporations, partnerships (limited or general) or other entities, all of which the Authority is hereby authorized to receive and accept and use; (i) To borrow money to further or carry out its public purpose and to execute reve nue bonds, notes, other obligations, leases, trust indentures, trust agreements, agree ments for the sale of its revenue bonds, notes or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments and such other agreements or instruments as may be necessary or desirable, in the judgment of the Authority, to evidence and to provide security for such borrowing; (j) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (k) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (1) To borrow money for any of its corporate purposes and to issue negotiable reve nue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (m) To exercise any power usually possessed by private corporations performing sim ilar functions, which is not in conflict with the Constitution and laws of this State; and (n) To do all things necessary or convenient to carry out the powers expressly given hereunder. 6. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issu ance of negotiable revenue bonds, subject to the approval by the Mayor and Council of the City of Hapeville, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special funds herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. THURSDAY, MARCH 11, 1982 1983 7. Same; Form; Denomination; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered forms, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both princi pal and interest. 8. Same; Signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the offi cial seal of the Authority shall be affixed thereto and attested by the Secretary-Trea surer of the Authority. Either of such signatures on any coupons may be by facsimile signature of the Chairman and Secretary-Treasurer of the Authority in accordance with the provision of applicable law. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. 9. Same; Negotiability. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to be negotiable under the Laws of this State, subject to provisions for registration. 10. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such man ner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the pur pose provided in the proceedings authorizing the issuance of such bonds. 11. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the prepa ration of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. 12. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost. 13. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued with out any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, providing for the issuance of revenue bonds under the provisions hereof shall become effective immediately upon its passage and need not be published or posed, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority. 14. Same; Credit not Pledged and Debt not Created. Revenue bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Hapeville, nor of the State of Georgia or any municipality, county, authority, instrumentality or political subdivision of the State of Georgia, which may contract with such Authority. 15. Same; Trust Indentures as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Author ity and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the reso lution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construc tion of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies; and may also provide that any project shall be constructed and paid for under the supervision and approvaipf consult ing engineers or architects employed or designated by the Authority, and satisTactory to 1984 JOURNAL OF THE HOUSE, the original purchasers of the bonds; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State or any other State or the United States to act as such depositary and to furnish such indemni fying bonds or pledge such securities as may be required by the Authority. Such inden ture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust inden tures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reason able and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. 16. To Whom Proceeds Shall be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may provide. 17. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and inter est and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issu ance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds, or in the trust indenture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. 18. Remedies of Bondholders. Any holder of revenue bonds issued under the provi sions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be per formed by the Authority, or any officer thereof, including the fixing, charging, and col lecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. 19. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution, subject to the approval of the Mayor and Council of the City of Hapeville, for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together THURSDAY, MARCH 11, 1982 1985 with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. 20. Venue and Jurisdiction. Any action to protect or enforce any rights under the pro visions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. 21. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended, or as the same may be here after amended. The petition or validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and any such municipality, county, authority, political subdivisions or instrumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds, then validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any municipality, county, authority, political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said Authority. 22. Interest of Bondholders Protected. While any of the bonds issued by the Author ity remain outstanding, the powers, duties or existence of said Authority or of its offi cers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. 23. Monies Received Considered Trust Funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. 24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to pre scribe and fix rents and rates and to revise same from time to time and to collect pay ments, fees, tolls and charges on each project or for the services, facilities and commodities furnished; and in anticipation of the collection of the revenues of such undertakings or projects, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, better ment or extension of its undertakings or projects; and to pledge to the punctual pay ment of said bonds, and interest thereon, all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments or exten sions thereto thereafter made. 25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions hereof, including the basis on which services and facili ties, or both, shall be furnished. 26. Governmental Function. It is hereby declared that the Authority is created for a public purpose and will be performing an essential governmental function in the exer cise of the powers conferred upon it hereunder in the development and promotion of civic and cultural growth, public welfare, trade, commerce, education, amusement, recre ation or to alleviate traffic congestion in the City of Hapeville and thereby better pro tect the lives and property of its residents and others using its streets. 27. Immunity From Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in the performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and neg ligence as the officers, agents and employees of the State of Georgia. The Authority may 1986 JOURNAL OF THE HOUSE, be sued in the same manner as private corporations may be sued on any contractual obligations to the Authority. 28. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obliga tion. 29. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding any other provision of the Consti tution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes. 30. Special Tax Districts. The City of Hapeville, shall be empowered and authorized to create special tax districts within the City of Hapeville upon the areas of any projects for redevelopment or development that said Authority may determine, and to levy and collect taxes within said districts based on values of real property fixed by the tax digest of the City of Hapeville to meet, pay for and retire any and all financial obligations of the Authority, its bonds and/or revenue certificates, and may pledge said revenue, and to levy and collect taxes within said districts for the retirement of said financial obliga tions. No such special taxes shall be levied by the City of Hapeville for any purpose against property used exclusively for residential purposes within any such tax district. 31. Effective Date. This amendment shall be effective immediately upon proclama tion of its ratification by the Governor. 32. General Assembly. This amendment is self-enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exer cise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with any other provi sions of this Constitution. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Hapeville as the same now or may hereafter exist." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to create the Hapeville Develop ment Authority and to provide for the powers, duties, and responsibilities of said Authority; and to authorize the City of Hapeville to contract with said Authority, to create special tax districts and levy taxes therein, and to levy taxes within the municipality and expend the same as payments pursuant to contractual agreements which may arise between the City of Hapeville and said Authority?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Aiken Y Andersen Argo Y Auten Y Balkcom Y Bargeron Y Baugh Y Beal Y Beck Y Benefield Benn THURSDAY, MARCH 11, 1982 1987 Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark,L Y Colbert Coleman Y Collins Y Colwell Y Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Davis,B Davis.J Davis,L YDean YDent Dixon YDobbs Y Dover Edwards EUiott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover YGodbee Greer YHam Hamilton Y Manner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson.N Y Jackson.W Y Jessup Y Johnson,G Y Johnson,R Jones,B Y Jones,H Karrh YKemp Kilgore Lambert Y Lane.D Y Lane,R Y Lawson YLee YLogan YLong YLord Lowe Lucas Y Mangum Mann Y Marcus Martin Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips,B Y Phillips.L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Russell Y Savage Scott,A Y Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith,V YSmyre YSnow Y Steinberg Swann Y Thomas Y Thompson Y Townsend Y Triplet! YTuten Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Walker Y Wall Ware Y Watson White Y Widener Y Williams.BJ Williams.H Williams.R Y Wilson Y Wood,J Y WoodJ.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 125, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 758. By: Representative Collins of the 144th: A RESOLUTION Proposing an amendment to the Constitution so as to impose a 1 percent sales and use tax in Mitchell County for the support of public school systems; to provide for the manner of imposition and collection; to provide for a method of disbursing the proceeds of the tax; to provide for the reduction of the ad valorem tax mill rate for education in the public school districts in proportion to proceeds derived from the local sales and use tax for education; to provide for the reduction of the maximum mill rate that may be imposed by the county school system in proportion to the proceeds derived from the local sales and use tax for education by the school system; to provide for removing or increasing the mill rate limitation on the county school system; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows: "In addition to any sales and use tax imposed by law and any method of taxation for the support of education authorized in this section, there is hereby imposed a 1 percent sales and use tax within Mitchell County for the support and maintenance of public education. Except as local law and this paragraph provide, the tax imposed shall corre spond to the tax authorized by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated or its successor, relating to the joint county and municipality sales and use tax; provided, however, that no referendum shall be required for the imposition of this tax. The proceeds of the tax shall be disbursed to the Mitchell County School System and the City of Pelham Independent School System according to the ratio the 1988 JOURNAL OF THE HOUSE, population in each school district bears to the total population of Mitchell County or upon such other formula for distribution as may be determined by local law. The mill rate for ad valorem taxes imposed in the Mitchell County School District and in the City of Pelham Independent School District for educational purposes for the year follow ing the initial year in which the local sales and use tax is levied, and for all subsequent years, shall be reduced by a millage rate which, if levied against the nonexempt tangible property within the respective school districts, would produce the amount of revenues received from the local sales and use tax by the respective school systems; provided, however, that the twenty-mill rate limitation on the rate of ad valorem taxes levied for purposes of the school systems contained in this section shall be reduced for each tax able year following the year in which the local sales and use tax is imposed by a millage rate which, if levied against the nonexempt tangible property within the school district, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by the school system in the immediate preceding taxable year; provided, further, that said mill rate limitation may be removed or increased as provided in Para graph II of this section." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to impose a 1 percent sales and use tax in Mitchell County for the support of the public school systems and so as to reduce the ad valorem tax mill rate imposed for the support of each school system and the mill rate limitation established for the county school system?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Aiken Y Anderson Argo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield Benn Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark.L Y Colbert Coleman Y Collins Y Colwell Y Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Davis.B Davis.J Davis.L YDean YDent Dixon Y Dobbs Y Dover Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Y Manner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks Home Y Hutchinson Ylrvin Y Isakson Y JacksonJ Jackson.N Y Jackson.W Y Jessup Y Johnson,G Y Johnson.R Jones.B Y Jones.H Karrh YKemp Kitgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan YLong YLord Lowe Lucas Y Mangum Mann Y Marcus Martin Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten THURSDAY, MARCH 11, 1982 1989 Y Perry Y Peters Phillips.B Y Phillips,L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson Y Rose Ross Y Rowland Russell Y Savage Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith,V Y Smyre Y Snow Y Steinberg Swann Y Thomas Y Thompson Y Townsend Y Triplett Y Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Walker Y Wall Ware Y Watson White Y Widener Y Williams,B J Williams.H Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 125, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 777. By: Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th: A RESOLUTION Proposing an amendment to the Constitution to authorize Lowndes County to issue and sell street improvement bonds; to authorize use of the proceeds of such bonds to pay, or to provide for the reimbursement of, all or any part of the cost of acquiring, construct ing and improving streets, roads, avenues, alleys and lanes, or any part thereof, including curbing, guttering, drainage, streetlights and sidewalks, and of grading, paving, repaving, resurfacing, macadamizing, maintaining, repairing or otherwise improving the same and to pay the costs of issuing such bonds; to authorize issuance of said bonds without the assent of a majority of the qualified voters at an election called thereon; to provide that the prin cipal of and interest on such bonds shall be payable solely from the assessments levied on the property which abuts such improvements; to provide that the bonds shall not be deemed to constitute a debt of the State of Georgia or any county (including Lowndes County), municipal corporation or political subdivision thereof within the meaning of Arti cle IX, Section VII, Paragraph I of the Constitution of the State of Georgia; to provide that there shall be no limitation with respect to the interest rate that such bonds bear; to provide for the validation of the bonds; to provide an exemption from taxation for the interest on such bonds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section VII, Paragraph I of the Constitution, relating to the debts of counties and cities, shall be and the same is hereby amended by adding at the end thereof the following: "Provided, that Lowndes County is hereby authorized to issue and sell street improve ment bonds and to use the proceeds thereof to pay, or to provide for the reimbursement of, all or any part of the cost of acquiring, constructing and improving streets, roads, avenues, alleys and lanes, or any part thereof, including curbing, guttering, drainage, streetlights and sidewalks, and of grading, paving, repaving, resurfacing, macadamizing, maintaining, repairing or otherwise improving the same, all in accordance with provi sions set forth below. In determining the cost of any such improvements, the Board may include all costs of the issuance of said bonds; all engineering, inspection, fiscal advisor and legal expenses; interest which it is estimated will accrue on the bonds during the construction period and for six months thereafter; and an amount, not in excess of 15 percent of the total principal amount of each such bond issue, to establish a debt service reserve for the payment of principal of and interest on such bonds. Such bonds may be issued without the assent of a majority of the qualified voters of Lowndes County at an election called therefor, but only upon the affirmative vote of majority of the members of the Board of Commissioners of Lowndes County (the 'Board') whenever in the Board's judgment the public convenience and welfare may 1990 JOURNAL OF THE HOUSE, require such improvements. The principal of, premium, if any, and interest on each issue of such bonds shall be payable solely from and shall not exceed the aggregate amount assessed by the Board upon the property which abuts the improvements acquired or constructed with the proceeds of such issue. Such bonds shall not be deemed to constitute an indebtedness or obligation of the State of Georgia or any county (including Lowndes County), municipal corporation or political subdivision thereof within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia. All such bonds shall be payable solely from the assessments pledged to such payment, and no holder or holders of any such bonds shall ever "have the right to compel any exercise of the taxing power of the State or any county (including Lowndes County), municipal corporation or political subdivision thereof nor to enforce the payment thereof against any property of the State or any such county, municipal corporation or political subdivision, other than the assessments pledged to the payment thereof. Such bonds shall bear such date or dates, shall mature at such time or times (not exceeding 40 years from the date thereof), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time-to-time), shall be subject to redemption on such terms and shall contain such other terms, provisions, covenants and conditions as the resolution authorizing the issuance thereof may permit or provide, and any limitations with respect to interest rates or any maximum interest rate or rates found in the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, the usury laws of the State of Georgia or any other laws of the State of Georgia shall not apply to such bonds. Such bonds shall on the face thereof recite the streets, roads, avenues, alleys and lanes, or parts thereof, for the improvement of which they have been issued and that they are payable solely from the assessments levied upon the property which abuts such improvements. Such bonds may be issued in coupon or registered form, or both, as the Board may determine, and the Board may make provisions for the registration of any coupon bonds as to principal alone or as to both principal and interest. The Board may prescribe the form of such bonds and any coupons which may be used in conjunction therewith. The Board may determine the denomination of the bonds, the terms and con ditions of their redemption (whether optional or mandatory) before maturity, and the medium and the place of payment of principal and interest, which may be at any bank or trust company within or without the State of Georgia. All of such bonds shall bear the manual or facsimile signature of the Chairman or Vice Chairman of the Board, attested by the manual or facsimile signature of the Secretary or Assistant Secretary thereof, provided that at least one of such signatures shall be manual, and shall have the seal of Lowndes County impressed or imprinted thereon. Any coupons attached thereto shall bear the facsimile signature of the Secretary or Assistant Secretary of the Board. When such bonds or coupons bear the manual or fac simile signature of an officer of the Board, such signature shall remain valid and effec tive for its original intent and purpose notwithstanding that prior to delivery the signer thereof may have ceased to hold the office indicated. Such bonds shall have all of the qualities and incidents of negotiable instruments under the laws of this State and are hereby declared to be issued for an essential public and governmental purpose, and the interest on such bonds shall be exempt from taxa tion within this State. The Board may provide for the issuance of any refunding bonds for the purpose of refunding any bonds issued under the provisions hereof and then outstanding, together with the accrued interest and premium, if any, thereon. The issuance of such refunding bonds, the maturities and all other terms and provisions thereof and the rights of the holders thereof shall be governed by the foregoing provisions insofar as the same may be applicable. Bonds issued hereunder shall be confirmed and validated, insofar as applicable, in accordance with the provisions of the Revenue Bond Law, as now or hereafter amended. In lieu of specifying the rate or rates of interest which such bonds are to bear, the notice to the District Attorney or Attorney General and the notice to the public of the time, THURSDAY, MARCH 11, 1982 1991 place and date of the validation hearing may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest specified in such notices or that in the event the bonds are to bear different rates of interest for different maturity dates that none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained herein shall be construed as prohibit ing or restricting the right of Lowndes County to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices. The petition filed by the District Attorney or the Attorney General, as the case may be, need not set forth the amount of principal and interest to be paid annually or when the bonds will be paid in full. The judgment of validation shall be final and conclusive with respect to such bonds and the security therefor, and each bond issued hereunder shall bear a certificate of validation, executed by the manual or facsimile signature of the Clerk of the Superior Court of Lowndes County, stating the date on which such bonds were validated. Such bonds may be issued without regard to the amount of any outstanding debts or bonds of Lowndes County." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize Lowndes County to issue street improvement bonds for the purpose of financing the costs of acquiring, constructing and improving streets, such bonds to be payable solely from the assessments on the property which abuts the improve ments acquired or constructed with the proceeds thereof?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams,G Y Adams.J Y Adams.M Aiken Y Andersen Argo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield Benn Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark.L Y Colbert Coleman Y Collins Y Colwell Y Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Davis.B Davis,J Davis,L YDean YDent Dixon Y Dobbs Y Dover Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Y Hanner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson,N Y Jackson.W Y Jessup Y Johnson.G Y Johnson ,R Jones,B Y Jones,H Karrh YKemp Kilgore Lambert Y Lane.D Y Lane,R Y Lawson YLee Y Logan YLong YLord Lowe Lucas Y Mangum Mann Y Marcus Martin Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten 1992 JOURNAL OF THE HOUSE, Y Perry Y Peters Phillips,B Y Phillips,L.L Y Phfflips,R.T Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson Y Rose Ross Y Rowland Russell Y Savage Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre Y Snow Y Steinberg Swann Y Thomas Y Thompson Y Townsend Y Triplet! Y Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Walker Y Wall Ware Y Watson White Y Widener Y Williams,BJ Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 125, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the House: HB 1264. By: Representatives McKinney of the 35th, Glover of the 32nd, Dean of the 29th and Benn of the 38th: A BILL to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb and creating a new charter for said city, so as to change the provisions relative to the President of the Council; and for other purposes. HB 1480. By: Representative Colbert of the 23rd: A BILL to amend an Act to reincorporate the City of Mountain Park in the Counties of Fulton and Cherokee; to create a new charter for said city; and for other purposes. HB 1481. By: Representative Colbert of the 23rd: A BILL to amend an Act establishing a new charter for the City of Roswell, so as to change the corporate limits of said city; and for other purposes. HB 1505. By: Representative Marcus of the 26th: A BILL to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, and creating a new charter for said City, so as to change the provisions relating to the qualifications of the members of the Board of Education of the City of Atlanta; and for other purposes. HB 1506. By: Representative Marcus of the 26th: A BILL to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, and creating a new charter for said City, so as to change the name of the Civil Ser vice Board of the Atlanta School System to the Civil Service Commission and for review of Civil Service Commission decisions by the Atlanta Board of Edu cation; and for other purposes. HB 1597. By: Representatives Robinson of the 58th, Hawkins of the 50th, Richardson of the 52nd, Workman of the 56th, Steinberg of the 46th and others: A BILL to provide for the nonpartisan nomination and election of the judge of the Probate Court in DeKalb County; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate: THURSDAY, MARCH 11, 1982 1993 . SR 347. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A * RESOLUTION commending the Honorable Marcus Collins; and for other pur- aj poses. s> SR 348. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable Al Burruss; and for other purposes. SR 349. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable Bobby Carrell; and for other pur poses. , SR 350. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8tn. A RESOLUTION commending the Honorable Charles Hatcher; and for other pur poses. SR 351. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable Sidney Marcus; and for other pur poses. SR 352. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable George Williamson; and for other purposes. * SR 353. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A 1 RESOLUTION commending the Honorable Clark Stevens; and for other pur poses. SR 354. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable William J. Breeding; and for other purposes. SR 355. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable Charles Kent; and for other pur poses. SR 356. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable Charles McDaniel; and for other purposes. SR 357. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable Curtis H. Cadenhead, Jr.; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House: HB 1218. By: Representatives McDonald of the 12th, Watson of the 114th, Kilgore of the |, 65th, Workman of the 56th, Tuten of the 153rd, and others: A BILL to amend *: Code Chapter 84-3, relating to architects, so as to change the time of the termi- '; nation of the State Board for Examination, Qualification, and Registration of Architects and the repeal of the laws relating thereto; to amend the Official j Code of Georgia Annotated accordingly; and for other purposes. 1994 JOURNAL OF THE HOUSE, HB 1541. By: Representatives Baugh of the 108th and Parham of the 109th: A BILL to amend Code Section 38-41B, relating to confidential communications, so as to authorize physicians to release certain patient information to the Department of Human Resources and its divisions, agents, and successors under certain con ditions and to provide immunity from liability therefor; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1323. By: Representative Phillips of the 59th: A BILL to amend Code Section 16-12-1 of the Official Code of Georgia Annotated, relating to contributing to the delin quency of a minor, so as to make contributing to the delinquency, unruliness, or deprivation of a minor unlawful; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House: HR 542. By: Representative Greer of the 43rd: A RESOLUTION to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions relating to the repeal of the resolution; and for other pur poses. The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House: SB 676. By: Senator Ballard of the 45th: A BILL to amend Code Section 114-101, relating to definitions under the workers' compensation law, so as to change the defini tion of the terms "employer" and "employees"; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 883. By: Representatives Culpepper of the 98th, Kemp of the 139th, Davis of the 45th, Tuten of the 153rd, Snow of the 1st and others: A BILL to amend the "Georgia Civil Practice Act," so as to change the effect of a dismissal for failure of the plaintiff to prosecute; and for other purposes. HB 1324. By: Representative Phillips of the 59th: A BILL to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and other related offenses, so as to repeal a subsection of the Code section relating to the offense of kidnapping which makes it unlawful for certain persons to take certain action relative to individuals under the age of 16 years; and for other purposes. SB 539. By: Senator Kidd of the 25th: A BILL to amend Code Chapter 46-7, relating to continuing garnishment, so as to change the provisions relating to the number of answers to a summons of continuing garnishment; to change the provisions relating to answers to a summons of continuing garnishment; to change the pro visions relating to answer and payment; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. SB 693. By: Senator Sutton of the 9th: A BILL to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of pub lic records, so as to provide for certain penalties; to provide for certain actions in the superior courts; and for other purposes. THURSDAY, MARCH 11, 1982 1995 SB 717. By: Senator Trulock of the 10th: A BILL to amend an Act providing for and assisting in statutory and Code revision by the repeal of certain obsolete and superseded laws based upon classifications of population, so as to delete the provision which repeals an Act providing for street improvements in municipali ties having a population of 600 or more, officially codified as Code Chapter 69-4; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate: SR 306. By: Senator Horton of the 17th: A RESOLUTION creating the Career Consulting Service Joint Study Committee; and for other purposes. SR 320. By: Senator Hudson of the 35th: A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to create the Hapeville Develop ment Authority; and for other purposes. The Senate has agreed to the House Substitutes to the following Bills of the Senate: SB 476. By: Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A BILL to amend an Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and State Merit System of Personnel Administration, so as to exclude certain personnel from the classified service; to amend the Official Code of Georgia Annotated accord ingly; and for other purposes. SB 546. By: Senator Kidd of the 25th: A BILL to amend an Act creating the office of tax commissioner of Hancock County, so as to change the compensation of the tax commissioner; and for other purposes. SB 547. By: Senator Kidd of the 25th: A BILL to amend an Act placing the sheriff, the judge of the Probate Court, and the clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, so as to change the compensation provisions relating to the judge of the probate courtand the clerk of the superior court; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House: HR 663. By: Representatives Robinson of the 58th, Hawkins of the 50th, Richardson of the 52nd, Workman of the 56th, Steinberg of the 46th and others: A RESOLU TION proposing an amendment to the Constitution so as to authorize the mayor and council of the City of Pine Lake in DeKalb County to exempt from ad valorem taxation an amount not to exceed $4,000.00 of the value of the homestead of residents of the City of Pine Lake; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bill of the Senate: SB 555. By: Senators Tate of the 38th, Coverdell of the 40th, Allgood of the 22nd and others: A BILL to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to the transfer of teachers under a cer tain independent school system to the Teachers' Retirement System; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. 1996 JOURNAL OF THE HOUSE, The Senate insists on its amendment to the following Bill of the House: HB 1285. By: Representative Ramsey of the 3rd: A BILL to amend Code Section 24A-3503, relating to children's fingerprints and photographs, so as to provide that fingerprints of a child 13 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the com mission of certain crimes; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SB 539. By: Senator Kidd of the 25th: A BILL to amend Code Chapter 46-7, relating to continuing garnishment, so as to change the provisions relating to the number of answers to a summons of continuing garnishment; to change the provisions relating to answers to a summons of continuing garnishment; to change the pro visions relating to answer and payment; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on Judiciary. SB 555. By: Senators Tate of the 38th, Coverdell of the 40th, Allgood of the 22nd and others: A BILL to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to the transfer of teachers under a cer tain independent school system to the Teachers' Retirement System; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on Retirement. SB 676. By: Senator Ballard of the 45th: A BILL to amend Code Section 114-101, relating to definitions under the workers' compensation law, so as to change the defini tion of the terms "employer" and "employees"; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on Industrial Relations. SB 693. By: Senator Sutton of the 9th: A BILL to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of pub lic records, so as to provide for certain penalties; to provide for certain actions in the superior courts; and for other purposes. Referred to the Committee on Rules. SB 717. By: Senator Trulock of the 10th: A BILL to amend an Act providing for and assisting in statutory and Code revision by the repeal of certain obsolete and superseded laws based upon classifications of population, so as to delete the provision which repeals an Act providing for street improvements in municipali ties having a population of 600 or more, officially codified as Code Chapter 69-4; and for other purposes. Referred to the Committee on Judiciary. SR 306. By: Senator Horton of the 17th: A RESOLUTION creating the Career Consulting Service Joint Study Committee; and for other purposes. Referred to the Committee on Rules. THURSDAY, MARCH 11, 1982 1997 SR 320. By: Senator Hudson of the 35th: A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to create the Hapeville Develop ment Authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. Representative Ralston of the 7th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House: HB 1491. By: Representatives Coleman of the 118th, Hanner of the 130th, Martin of the 60th, Colbert of the 23rd and Hooks of the 116th: A BILL to amend Title 25 of the Official Code of Georgia Annotated, so as to regulate fire protection sprinkler contractors; to provide for administration; to provide for certificates of competency to be issued to persons authorized to engage in the installation, repair, alteration, addition, maintenance, or inspection of fire protection sprin kler systems or water-sprayed systems; to provide for examinations; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Y Aaron N Adams.G N Adams,J N Adams.M N Aiken Y Andersen Argo Auten Balkcom N Bargeron N Baugh NBeal NBeck N Benefield Benn Birdsong Bishop N Bolster Y Branch NBray Brooks NBuck N Burruss Y Burton YByrd YCason N Castleberry Y Chamberlin N Chambless N Chance Y Cheeks Y Childere N Childs N Clark,B Y Clark.L N Colbert N Coleman Collins N Colwell N Connell Couch NCox Y Crawford N Crosby Culpepper Y Cummings N Darden N Daugherty Davis.B Davis,J N Davis.L NDean YDent N Dixon Y Dobbs Y Dover Edwards Elliott N Evans Y Felton N Fortune Foster N Fuller.C Y Galer Ginsberg Glover YGodbee N Greer Ham Hamilton N Hanner Harris Harrison Y Hasty N Hawkins NHays Hill N Holmes N Hooks Home Y Hutchinson Y Irvin Y Isakson N Jackson,J Jackson.N N Jackson,W N Jessup N Johnson ,G N Johnson,R Y Jones.B Y Jones.H N Karrh YKemp Kilgore N Lambert Y Lane,D N Lane,R Y Lawson NLee N Logan YLong YLord NLowe Lucas Y Mangum YMann N Marcus N Martin Matthews N McCollum McDonald McKinney N Miles N Milford N Montgomery Y Moody Y Moore Y Mostiler N Mullinax Y Nicholson NNix N Oliver Y Padgett N Parham Patten N Perry Y Peters N Phillips.B N Phillips,L.L PhillipsJR.T Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall N Reaves N Richardson Y Robinson NRose Ross N Rowland N Russell Y Savage Y Scott,A N Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V N Smyre NSnow Steinberg Swann N Thomas N Thompson Y Townsend Triplett NTuten Twiggs Vandiford N Vaughn N Veazey Waddle N Walker N Wall Ware N Watson N White Y Widener Y Williams,B.J Williams.H Williams,R N Wilson Y Wood,J Y Wood,J.T N Workman Speaker Murphy On the motion, the ayes were 53, nays 81. The motion was lost. Representative Lane of the 40th arose to a point of personal privilege to address the House in regard to the untimely passing of Representative Virlyn Smith of the 42nd. A moment of silent prayer was observed following the remarks of Representative Lane. 1998 JOURNAL OF THE HOUSE, Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time: HR 710- By: Representatives Childs of the 51st, Irvin of the 10th, Dover of the llth, Hays of the 1st, Johnson of the 72nd and others: A RESOLUTION authorizing the conveyance of certain state owned property located in DeKalb County, Georgia; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Requesting that the Georgia Building Authority (Hospital) and the State of Georgia, acting by and through the Board of Human Resources of the State of Georgia and/or the Department of Human Resources, and/or the Board of Human Resources of the State of Georgia, acting for and on behalf of itself and the Department of Human Resources, make 2.62 acres of land in DeKalb County, Georgia, available to the American Heart Associa tion, Georgia Affiliate, for the purpose of their constructing and operating thereon an office building and other facilities to house the programs of that organization; to provide an effective date; and for other purposes. WHEREAS, as used in the Whereas clauses of this Resolution the Department of Human Resources shall mean and include in its usage the Board of Human Resources of the State of Georgia; and WHEREAS, said property is under the custody and management of the Department of Human Resources; and WHEREAS, said real property is all that tract or parcel of land lying and being in DeKalb County, Georgia, and being generally described as follows: "All that tract of land situate, lying and being in Land Lot 353 of the 18th District of DeKalb County, Georgia, containing 2.62 acres, more or less, and being more particu larly described as follows: TO FIND THE POINT OF BEGINNING, commence at a point formed by the inter section of the southern right-of-way line of Peeler Road and the western right-of-way line of North Peachtree Road (said North Peachtree Road having a 70-foot wide rightof-way); thence running in a westerly direction along the southern right-of-way line of Peeler Road a distance of 3133.39 feet to a point on the southern right-of-way line of Peeler Road marking the POINT OF BEGINNING; thence running South 01 degree 29 minutes 15 seconds East a distance of 304.73 feet, more or less, to a point; thence run ning South 88 degrees 55 minutes 45 seconds East a distance of 360.93 feet, more or less, to a point; thence running North 0 degrees 57 minutes 45 seconds West a distance of 334.74 feet to a point on the southern right-of-way line of Peeler Road; thence running in a westerly direction along the southern right-of-way line of Peeler Road a distance of 363.90 feet to a point marking the POINT OF BEGINNING. The above-described land can be depicted on a certain drawing for the Georgia Department of Health (now the Department of Human Resources), labeled 'Property Plat' prepared by Jones and Associates, and certified by Robert Hunter Fellers, Georgia Registered Architect No. 853, and dated February, 1966, by extending the southern boundary line of the tract labeled 'Kelley' in a westerly direction with the same bearing as shown on said drawing to the western boundary line of the 98.60 acres tract."; and WHEREAS, the property may no longer be useful to or needed by the State of Geor gia or the Georgia Building Authority (Hospital) and, therefore, may be declared surplus by the Department of Human Resources. THURSDAY, MARCH 11, 1982 1999 NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the Georgia Building Authority (Hospital) and the State of Georgia, acting by and through the Board of Human Resources of the State of Georgia and/or the Department of Human Resources, and/or the Board of Human Resources of the State of Georgia, acting for and on behalf of itself and the Department of Human Resources, are hereby requested and encouraged and are hereby authorized and empowered by the Gen eral Assembly to take appropriate action to make said 2.62 acres of surplus land available to the American Heart Association, Georgia Affiliate, for the purpose of their constructing and operating thereon an office building and other facilities to house the programs of that organization. Section 2. That said appropriate action of which the Georgia Building Authority (Hospital) and the Board of Human Resources and/or the Department of Human Resources are hereby requested, encouraged, authorized and empowered to make shall be under whatever terms and conditions the Georgia Building Authority (Hospital) and the Board of Human Resources and/or the Department of Human Resources may impose and may take the form of a rental, lease, license or deed transaction of either all or a portion of the rights, title and interests which the Georgia Building Authority (Hospital) and the State of Georgia, acting by and through the Board of Human Resources of the State of Georgia and/or the Department of Human Resources, and/or the Board of Human Resources of the State of Georgia, acting for and on behalf of itself and the Department of Human Resources, have in and to the said 2.62 acres of surplus land. Provided, how ever, that the terms and conditions of any transaction authorized by this resolution shall include a consideration not less than the fair rental value or fair market value. Section 3. That said appropriate action referenced above in Section 1 and 2 of this Resolution if taken by the Georgia Building Authority (Hospital) and the Board of Human Resources and/or the Department of Human Resources is hereby declared by the General Assembly to be in the best interest of the public and the taxpayers of Georgia. Section 4. That this Resolution shall become effective upon its approval by the Gov ernor or upon its becoming law without his approval. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom Y Bargeron YBaugh YBeal YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Branch YBray Y Brooks YBuck Y Burruss Burton YByrd YCason Y Castleberry Y Chamberlin Y Chamhless Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark.L Y Colbert Coleman Y Collins Colwell Y Connell Couch YCoi Crawford Y Crosby Y Culpepper Y Cummings Darden Y Daugherty Davis.B Y Davis,J Davis.L YDean Dent Y Diion YDobbs Y Dover Y Edwards Elliott Y Evans Y Felton Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover YGodbee Greer YHam Hamilton Manner Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Ylrvin Y Isakson Y Jackson,J Y Jackson.N Jackson.W Y Jessup Y Johnson,G Y Johnson.R Y Jones,B Y Jones,H Y Karrh YKemp Y Kilgore Y Lambert Y Lane,D YLaneJl Y Lawson Lee YLogan Long YLord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin Matthews Y McCollum McDonald Y McKinney Y Miles Y Milford Y Montgomery Moody Moore Y Mostiler Mullinaz Y Nicholson 2000 JOURNAL OF THE HOUSE, YNix Y Oliver Y Padgett Parham Patten Y Perry Y Peters Y Phillips,B Y PhillipsJLL Phfflip8,R.T PhUlips,W.R Y Pilewicz Y Pinkston YRainey Y Ralston YRamsey Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Y Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg YSwann Y Thomas Y Thompson Y Townsend Y Triplet! YTuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y Williams,B.J Williams.H Y Williams,R Y Wilson YWood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, by substitute, the ayes were 138, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. Representative Burton of the 47th stated that he had been called from the floor of the House during the preceding vote and requested that he be recorded as voting "aye" thereon. HB 1636. By: Representative Evans of the 84th: A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide new and different procedures for the forfeiture of appearance bonds; and for other purposes. The following amendment was read and adopted: The Committee on Judiciary moves to amend HB 1636 by striking from line 30, page 3, the following: and by adding in lieu thereof the following: "at least 60" The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Adams,J Y Adams,M Y Aiken Y Anderson Y Argo Y Auten Balkcom Y Bargeron Baugh Beal YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Branch Bray Y Brooks YBuck Y Burruss Y Burton YByrd Y Cason Y Castleberry Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Coleman Y Collins Y Colwell Y Connell Couch YCox Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Y Davis,B Y Davis,J Y Davis,L Dean Dent Y Dixon YDobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Galer Y Ginsberg Glover God bee Y Greer Ham Hamilton Hanner Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N Jackson.W Jessup Y Johnson,G Y Johnson,R Jones,B Jones.H N Karrh YKemp Kilgore Lambert Y Lane.D Y Lane.R Lawson YLee Y Logan Long YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Matthews Y McCollum THURSDAY, MARCH 11, 1982 2001 McDonald McKinney Y Miles Y Milford Y Montgomery Moody Moore Y Mostiler Mullinax Y Nicholson YNix Y Oliver Y Padgett Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips.L.L Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Y Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Smith.T Smith,V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplett YTuten Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y Williams,B.J Williams.H Y Williams,R Y Wilson Y WoodJ Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, as amended, the ayes were 123, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Jones of the 126th stated that he had been called from the floor of the House during the preceding vote and requested that he be recorded as voting "aye" thereon. HB 1780. By: Representatives Reaves of the 147th, Long of the 142nd and Hasty of the 8th: A BILL to amend an Act requiring the use of certain equipment on irriga tion systems in this state, so as to change the type of equipment required to be used; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adam8,J Y Adams.M Aiken Y Anderson YArgo Y Auten Y Balkcom Y Bargeron Baugh Seal YBeck Y Benefleld Benn Y Birdsong Bishop Y Bolster Y Branch YBray Y Brooks Buck Y Burruss Y Burton Byrd YCason Y Castleberry Chamberlin Chambless Y Chance Y Cheeka Y Childers Y Childs Y Clark,B Y Clark.L Y Colbert Coleman Y Collins Colwell Y Connell Couch YCox Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Y Davis.B Y Davis,J Y Davis,L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Godbee Greer YHam Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Irvin Y Isakson Y Jackson.J Y Jackson.N Jackson.W Jessup Y Johnson,G Y Johnson.R Y Jones,B Y Jones,H Y Karrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane,R Y Lawson YLee Y Logan Long YLord YLowe Y Lucas Y Mangum Y Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Moody Moore Y Mostiler Mullinax Y Nicholson YNix Y Oliver Padgett Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips,R.T Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Y Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Smith.T Smith,V Smyre YSnow Y Steinberg Y Swann Y Thomas Thompson Y Townsend Y Triplett YTuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y Williams.B.J Williams,H Y Williams,R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy 2002 JOURNAL OF THE HOUSE, On the passage of the Bill, the ayes were 134, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Godbee of the 82nd stated that he had been called from the floor of the House during the preceding vote and wished to be recorded as voting "aye" thereon. HB 1340. By: Representative Johnson of the 72nd: A BILL to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change the provisions rel ative to the determination of certain rates of interest; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Aaron V Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Balkcom Y Bargeron Baugh Beal YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Branch YBray Y Brooks Buck Y Burruss Y Burton Byrd YCason Y Castleberry Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark.L Y Colbert Coleman Y Collins Colwell Y Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Darden Daugherty Y Davis.B Y Davis,J Y Davis.L YDean YDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Godbee Greer YHam Hamilton Y Manner Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Irvin Isakson Y Jackson,J Y Jackson.N Jackson.W Jessup Y Johnson.G Y Johnson.R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane.D Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Lucas Y Mangum Mann Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Moody Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Russell Y Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Widener Y Williams.B.J Williams.H Y Williams.R Wilson Y Wood,J Y WoodJ.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 130, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Russell of the 64th stated that he had been called from the floor of the House during the preceding vote. He wished to be recorded as voting "aye" thereon. HB 1736. By: Representative Hanner of the 130th: A BILL to amend an Act providing for indemnification with respect to the death of certain law enforcement offi cers, firemen, or prison guards who are killed or have been killed in the line of duty, so as to change the definition of the term "prison guard"; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. THURSDAY, MARCH 11, 1982 2003 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Y Adams.J Y Adams.M Y Aiken Y Andereon YArgo Y Auten Y Balkcom Y Bargeron Baugh Beal YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Branch YBray Y Brooks Buck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark.L Y Colbert Coleman Y Collins Y Colwell Y Connell Couch YCox Crawford Y Crosby Culpepper Y Cummings Darden Daugherty Y Davis.B Y Davis,J Y Davis,L Dean Dent Y Dixon YDobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover Godbee Y Greer YHara Hamilton Y Banner Harris Y Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks Y Home Y Hutchinson Ylrvin Y Isakson Y Jackson,J Jackson,N Jackson,W Jessup Y Johnson,G JohnsontR Y Jones.B Y Jones,H Y Karrh YKemp Y Kilgore Y Lambert Lane.D Lane,R Y Lawson YLee Y Logan YLong YLord YLowe Y Lucas Y Mangum Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Moody Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips.L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell On the passage of the Bill, the ayes were 134, nays 0. The Bill, having received the requisite constitutional majority, was Y Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith,V Smyre YSnow Y Steinberg Y Swann Y Thomas Thompson Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall YWare Y Watson White Y Widener Y Williams,B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy HB 1715. By: Representatives Davis of the 124th, Vaughn of the 57th, Bishop of the 94th, Daugherty of the 33rd, Phillips of the 125th and others: A BILL to waive sover eign immunity to any action arising out of or in connection with any written contract now existing or hereafter entered into by the state, departments and agencies of the state, and state authorities; to provide for venue and service with respect to any such actions; to amend the Official Code of Georgia Anno tated accordingly; and for other purposes. The following Committee substitute was read and adopted: A BILL To waive sovereign immunity as to any action ex contractu for the breach of any writ ten contract now existing or hereafter entered into by the state, departments and agencies of the state, and state authorities; to provide for venue with respect to any such actions; to provide that a duplicate original copy of any action shall be served upon the Attorney General; to provide that the venue provisions shall be cumulative and supplemental to any other venue provisions now or hereafter permitted by law; to provide for other matters rel ative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. 2004 JOURNAL OF THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. (a) The defense of sovereign immunity is waived as to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state, departments and agencies of the state, and state authorities. (b) Venue with respect to any such action shall be proper in the Superior Court of Fulton County, Georgia. The provisions of this subsection shall be cumulative and supple mental to any other venue provisions now or hereafter permitted by law. Part 2 Section 2. Code Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Chapter 21 at the end thereof to read as follows: "CHAPTER 21 50-21-1. (a) The defense of sovereign immunity is waived as to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state, departments and agencies of the state, and state authorities. (b) Venue with respect to any such action shall be proper in the Superior Court of Fulton County, Georgia. The provisions of this subsection shall be cumulative and sup plemental to any other venue provisions now or hereafter permitted by law." PartS Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Andersen YArgo Y Auten Y Balkcom Y Bargeron Baugh Beal NBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks YBuck Y Burruss Y Burton YByrd Y Cason Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Y Colbert Coleman Y Coffins Y Colwell Y Connell Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Darden Y Daugherty Davis.B Y Davis,J Y Davis,L Dean YDent Dixon Dobbs Dover Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Giover Godbee Greer NHam Hamilton Manner Harris Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks Y Home Y Hutchinson Irvin YIsakson Y Jackson,J Y Jackson.N Jackson,W Jessup Y Johnson,G Johnson,R Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane.D Lane,R Y Lawson YLee Y Logan YLong YLord YLowe Lucas Y Mangum Mann Marcus Y Martin Matthews Y McCollum McDonald Y McKinney Y Miles Y Milford Y Montgomery Moody Moore Y Mostiler Mullinax Y Nicholson YNix Y Oliver Y Padgett Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T THURSDAY, MARCH 11, 1982 2005 Phillip8,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Y Savage Y Scott,A Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre Y Snow Steinberg Y Swann Y Thomas Thompson Townsend Y Triplett Y Tuten Twiggs Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Watson White Y Widener Y Williams.BJ 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 119, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1825. By: Representative Bray of the 70th: A BILL to amend certain laws of this state based upon classifications of population providing for boards of elections or boards of registration and elections, so as to change the provisions relative to population and census; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.J Y Adams.M Y Aiken Anderson Y Argo Y Auten Y Balkcom Y Bargeron Baugh Beal Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Y Brooks Buck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Y Colbert Coleman Y Collins Colwell Connell Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Y Daugherty Y Davis.B Y Davis.J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Felton Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover God bee Y Greer Y Ham Hamilton Y Hanner Y Harris Harrison Hasty Y Hawkins YHays Hill Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson,N Y Jackson.W Jessup Y Johnson,G Y Johnson.R Y Jones.B Y Jones.H Y Karrh Y Kemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson Y Lee Y Logan Y Long Y Lord Y Lowe Lucas Y Mangum Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Moody Moore Y Mostiler Y Mullinax Y Nicholson Y Nix Y Oliver Y Padgett Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson Y Rose Ross Y Rowland Y Russell Y Savage Y Scott.A Y Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre Y Snow Y Steinberg Y Swann Y Thomas Thompson Townsend Y Triplett Y Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.B.J Williams.H Y Williams.R Wilson Y Wood.J Y Wood.J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 134, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Connell of the 87th moved that the following Resolution of the Senate be withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Constitutienal Revision: 2006 JOURNAL OF THE HOUSE, SR 244. By: Senator Kidd of the 25th: A RESOLUTION to amend Resolution Act No. 1 (House Resolution No. 4) adopted at the 1981 extraordinary session of the General Assembly, which resolution proposes a new Constitution for the State of Georgia, so as to change the provisions relating to the County Court of Bald win County and the County Court of Putnam County; and for other purposes. The motion prevailed. The following Resolution of the House was read and adopted: HR 791. By: Representative Richardson of the 52nd: A RESOLUTION honoring the late Mr. Charles Bates Methvin and designating the Charles Bates Methvin Unit; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time: HB 1631. By: Representative Bray of the 70th: A BILL to amend Code Section 24-2704, relating to vacancies in the office of clerk of the superior court, so as to provide that certain provisions relating to vacancies shall not apply to other county offi cers; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 24-2704, relating to vacancies in the office of clerk of the superior court, as amended, so as to change the provisions relating to filling vacancies; to provide that certain provisions relating to vacancies shall not apply to other county offi cers; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Section 24-2704, relating to vacancies in the office of clerk of the superior court, as amended, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) In any county in which the position of chief deputy clerk has been created by law or in which a chief deputy clerk has been appointed pursuant to Code Section 24-2713, the chief deputy clerk shall succeed the clerk of superior court if a vacancy occurs; and the chief deputy clerk shall serve until the first day of January following the next general election which is held more than 30 days after the date the vacancy occurs] provided, however, that in no event shall the chief deputy clerk serve past the date that the successor is qualified immediately upon the expiration of the term of office in which the vacancy was created. If a portion of the original term will remain unexpired after said first day of January, then a person to fill the vacancy for the remainder of the unexpired term shall be elected at said general election. In any such case, the other provisions of law for filling such a vacancy shall not apply. The provisions of this sub section shall only be applicable to the clerk of the superior court and shall not be appli cable to other county officers." THURSDAY, MARCH 11, 1982 2007 Part 2 Section 2. Code Section 15-6-56 of the Official Code of Georgia Annotated, relating to vacancies in the office of clerk of the superior court, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: "(c) In any county in which the position of chief deputy clerk has been created by law or in which a chief deputy clerk has been appointed pursuant to Code Section 15-6-59, the chief deputy clerk shall succeed the clerk of the superior court if a vacancy occurs. The chief deputy clerk shall serve until January 1 following the next general election which is held more than 30 days after the date the vacancy occurs; provided, however, that in no event shall the chief deputy clerk serve past the date that the suc cessor is qualified immediately upon the expiration of the term of office in which the vacancy was created. If a portion of the original term will remain unexpired after Janu ary 1, then a person to fill the vacancy for the remainder of the unexpired term shall be elected at such general election. In any such case, the other provisions of law for fill ing such a vacancy shall not apply. The provisions of this subsection shall only be applicable to the clerk of the superior court and shall not be applicable to other county officers." Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by 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 Adams,,I Y Adams.M Y Aiken Anderson Y Argo Y Auten Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Y Benn Y Birdsong Bishop Y Bolster Y Branch YBray Y Brooks Y Buck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Childers Y Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis.B Y Davis,J Y Davis.L Dean YDent Y Dixon Dobbs Y Dover Y Edwards Elliott Evans Felton Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer Y Ham Hamilton Y Hanner Y Harris Y Harrison Hasty Y Hawkins Y Hays Hill Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson.J Y Jackson.N Jackson.W Jessup Y Johnson.G Y Johnson.R Y Jones.B Y Jones.H Y Karrh Y Kemp Y Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan Y Long YLord YLowe Y Lucas Y Mangum Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Montgomery Y Moody Moore Y Mostiler Y Mullinax Y Nicholson Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Phillips.L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Randall Reaves Richardson Y Robinson Y Rose Ross Y Rowland Y Russell Y Savage Y Scott.A Y Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Triplett 2008 JOURNAL OF THE HOUSE, Tuten Twiggs Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y Williams.BJ Williams.H 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 130, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1546. By: Representatives Triplett of the 128th and McDonald of the 12th: A BILL to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center, so as to pro vide for the re-creation, powers, and duties of the Geo. L. Smith II Georgia World Congress Center Authority; to provide for the management of the Geo. L. Smith II Georgia World Congress Center Authority by a board of governors; and for other purposes. The following Committee substitute was read: A BILL To amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center, so as to provide for the re-creation, powers, and duties of the Geo. L. Smith II Georgia World Congress Center Authority; to provide for the management of the Geo. L. Smith II Georgia World Congress Center Authority by a board of governors; to provide for the composition, powers, and duties of the board of governors of the Geo. L. Smith II Georgia World Congress Center Authority; to provide for the creation of offices of the Geo. L. Smith II Georgia World Congress Center Authority; to provide that the Geo. L. Smith II Georgia World Congress Center Authority shall be exempt from taxation; to provide for venue in actions against the authority; to authorize the authority to accept contributions; to provide for establish ment of fees and charges and the disposition of receipts of the authority; to authorize con tracts between the Geo. L. Smith II Georgia World Congress Center Authority and the Department of Industry and Trade relating to the operation and management of the Geo. L. Smith II Georgia World Congress Center; to provide for the creation, composition, pow ers, and duties of the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center, is amended by striking said chap ter in its entirety and inserting in lieu thereof a new Chapter 9 of the Official Code of Georgia Annotated to read as follows: "CHAPTER 9 ARTICLE 1 10-9-1. This chapter may be known and cited as the 'Geo. L. Smith II Georgia World Congress Center Act.' 10-9-2. There is re-created the 'Geo. L. Smith II Georgia World Congress Center Authority' as a body corporate and politic, which shall be an instrumentality of the State of Georgia and a public corporation. 10-9-3. As used in this chapter, the term: (1) 'Authority' means the Geo. L. Smith II Georgia World Congress Center Authority. (2) 'Cost of the project' means the cost of construction, the cost of all lands, prop erties, rights, easements, and franchises acquired; the cost of all machinery and equip ment; financing charges; interest prior to and during construction and for one year THURSDAY, MARCH 11, 1982 2009 after completion of construction; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obli gation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the pro ceeds of general obligation bonds issued by the State of Georgia or such other bonds or obligations as may be issued by any authority or agency of the State of Georgia. (3) 'Project' means a comprehensive international trade and convention center and meeting facility with exhibit space capable of handling large trade groups; a Georgia Hall to be a world showcase for displaying exhibits of Georgia's counties, municipali ties, industries, and attractions and to promote the agricultural, historic, recreational, and natural resources of the State of Georgia; individual meeting rooms with simulta neous translation facilities for several languages; and other related facilities for cul tural, political, musical, educational, and other events, including, without limitation, refreshment stands and restaurants and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods and services of all kinds, whether oper ated or purveyed directly or indirectly through concessionaries, licensees, or lessees, or otherwise; and parking facilities and parking areas in connection therewith. The project shall be located in the City of Atlanta and will be known as the 'Geo. L. Smith II Georgia World Congress Center.' As used in this chapter, the project described by the term 'Geo. L. Smith II Georgia World Congress Center' shall include the same project formerly known as and may be referred to as the 'Georgia World Congress Center.' 10-9-4. The authority shall have the following powers: (1) To bring actions, complain, and implead in any judicial, administrative, arbi tration or other action or proceeding and, to the extent permitted by law, to have actions brought against it, to be impleaded, and to defend in such proceedings; (2) To have a seal and alter the same at its pleasure; (3) To make and alter bylaws, rules, and regulations, not inconsistent with law, for the administration and regulation of its business and affairs; (4) To elect, appoint, or hire officers, employees, and other agents of the authority, including experts and fiscal agents, define their duties, and fix their compensation; (5) To acquire, by purchase, gift, lease, or otherwise and to own, hold, improve and use, and to sell, convey, exchange, transfer, lease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate pur poses; (6) To make all contracts and to execute all instruments necessary or convenient to its purposes; (7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon the terms and conditions as may be imposed thereon to the extent the terms and condi tions are not inconsistent with the limitation and laws of this state and are otherwise within the power of the authority; (8) To exercise the power of eminent domain and acquire by condemnation, in accordance with the provisions of any and all existing laws applicable to the condem nation of property for public use, real property or rights of easement therein or fran chises necessary or convenient for its corporate purposes; (9) To borrow money for any of its corporate purposes and to provide for the pay ment of the same, as may be permitted under the Constitution and laws of the State of Georgia; (10) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; and (11) To do all things necessary or convenient to carry out the powers expressly given in this chapter. 2010 JOURNAL OF THE HOUSE, 10-9-5. The authority is authorized and directed to contract with the Department of Industry and Trade to exercise on behalf of the department such future responsibility in connection with the acquisition, construction, operation, management, and mainte nance of the project as is now or may be vested in the department; and the Department of Industry and Trade is authorized by such contract to delegate to the authority all of its responsibilities and powers with respect to the project and to transfer to the author ity any and all contracts, plans, documents, or other papers of said department relating to the project, together with any and all funds heretofore or hereafter appropriated to it for the acquisition, construction, operation, management, or maintenance of the project or for all other purposes related to the project, other than appropriations made specifically for debt service purposes, as compensation to the authority under such con tract. Under contract with the Department of Industry and Trade, as herein authorized, the authority on behalf of the Department of Industry and Trade shall plan, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage the project, as hereinabove defined, on property owned by or leased by the State of Georgia in the City of Atlanta, Georgia, the cost of any such project to be paid in full or in part from the proceeds of general obligation bonds issued by the State of Georgia as the General Assembly may authorize or from such proceeds and other funds as may be available for such purposes, including any grant from the United States of America or any agency or instrumentality thereof. All actions of the authority and the Department of Industry and Trade, or their predecessors, heretofore taken in connection with such contractual relationship, are ratified and confirmed and shall not be affected by any provision of this chapter. Nothing herein shall affect the powers or duties of the Georgia State Financing and Investment Commission or of the State Properties Commis sion. 10-9-6. (a) The board of governors of the authority shall consist of nine members. Each member shall serve for a term of four years. All members of the board shall be appointed by the Governor of the State of Georgia and shall serve until the appointment and qualification of a successor. Said members shall be appointed from the general pub lic; and no person holding any other office of profit or trust under the state shall be appointed to membership. (b) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. No vacancy on the board shall impair the right of the quorum of the remaining members then in office to exercise all rights and perform all duties of the board. (c) The members of the board of governors shall be entitled to and shall be reim bursed for their actual travel expenses necessarily incurred in the performance of their duties and, for each day actually spent in performance of their duties, shall receive the same per diem as do members of the General Assembly. (d) The members of the authority in office on the effective date of this chapter shall continue in office as members of the board of governors for the remainder of the terms for which they were appointed and until their successors are appointed and qualified hereunder. 10-9-7. (a) The management of the business and affairs of the authority shall be vested in the board of governors, subject to the provisions of this chapter and to the provisions of bylaws adopted by the board of governors as authorized by this chapter. (b) The board of governors shall have the power to make the bylaws, rules, and regu lations for the government of the authority and the operation, management, and mainte nance of the project as it may determine appropriate. (c) A majority of the number of members of the board then in office shall constitute a quorum for the transaction of business. The vote of a majority of the members of the board present at the time of the vote, if a quorum is present at such time, shall be the act of the board unless the vote of a greater number is required by law or by the bylaws of the board of governors. (d) If the bylaws of the authority so provide, the board of governors, by resolution adopted by a majority of the full board of directors, may designate from among its mem bers an executive committee and one or more other committees, each consisting of two THURSDAY, MARCH 11, 1982 2011 or more members of the board and each of which, to the extent provided in such resolu tion or the bylaws of the authority, shall have and may exercise such authority as the board of governors may delegate to it. Unless otherwise provided in the bylaws of the authority, any such committee shall act by a majority of its members. The designation of any such committee and the delegation thereto of authority shall not operate to relieve the board of governors or any member thereof of any responsibility imposed by law. 10-9-8. (a) Meetings of the board of governors, regular or special, shall be held at the time and place fixed by or under the bylaws or, if not so fixed, by the board. Regu lar meetings of the board may be held with or without notice as prescribed in the bylaws. Special meetings of the board shall be held upon such notice as is prescribed in the bylaws. Unless otherwise prescribed in the bylaws, written notice of the time and place of special meetings of the board shall be given to each member either by personal delivery or by mail, telegram, or cablegram at least two days before the meeting. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the board need be specified in the notice or waiver of notice of such meeting unless required by the bylaws. Meetings of the board may be called by the chairman of the board or by any other person or persons authorized by the bylaws. (b) Upon receipt of a resolution by a majority of the number of members of the board authorized by this chapter which so certifies and requests, adopted after notice to the defaulting member, the Governor of the State may by executive order remove from membership a member of the board who has failed to attend three consecutive meetings of the board. The action of the Governor shall be final and nonreviewable. 10-9-9. (a) The board of governors shall elect or appoint such officers as may be provided in the bylaws and may delegate to such officers, who need not be members of the board, such authority and responsibility as the board may determine appropriate. (b) Each officer and employee of the authority shall serve at the pleasure of the authority and shall hold office for the term for which he is elected or appointed and until his successor has been elected or appointed and has qualified, or until his earlier resignation, removal from office, or death. (c) All officers and agents of the authority shall have such authority and perform such duties in the management of the authority as may be provided in the bylaws or as may be determined by action of the board not inconsistent with law or with the bylaws. (d) The board of governors shall have authority to fix the compensation of its offi cers and employees, except that officers or employees who are also members of the board shall serve without additional compensation for such service. 10-9-10. It is found, determined, and declared that the creation of the authority in the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and is a public purpose and that the authority will be performing an essen tial governmental function in the exercise of the powers conferred upon it by this chap ter. The authority shall be required to pay no taxes or assessments upon any property acquired or under the jurisdiction, control, possession, or supervision or upon its activi ties in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority; provided, however, in no event shall the exemptions granted in this Code section extend to any lessee or other private person or entity. 10-9-11. Any action against the authority to protect or enforce any rights under the provisions of this chapter shall be brought in the Superior Court of Fulton County, Georgia, and such court shall have exclusive, original jurisdiction of such actions. 10-9-12. The authority, in addition to the moneys received from the collection of rev enues, rents, and earnings derived under the provisions of this chapter or from the Department of Industry and Trade, shall have authority to accept from any federal agency grants for or in aid of the construction of any project and to receive and accept contributions from any source of either money or property or other things of value to be held, used, and applied only for the purposes for which such grants or contributions may be made. 2012 JOURNAL OF THE HOUSE, 10-9-13. All moneys received pursuant to the authority of this chapter, whether as grants or other contributions or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. 10-9-14. The board of governors of the authority is authorized to fix rentals, fees, prices, and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or part thereof or combination thereof, and for the goods and services provided by the authority in connection with such use, as the authority may deem necessary or appropriate to provide in connection with such use, and to charge and collect the same. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to be reasonably expected to provide a fund sufficient with other revenues of such project and funds available to the authority, if any, to pay the cost of maintaining, repairing, and operating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facil ities at such project. 10-9-15. (a) The authority shall operate the project so as to ensure maximum use of the project. In connection with and incident to its operation of the project, the authority may engage in such activities as it deems appropriate to promote trade shows, conventions, and tourism within the state so as to promote the use of the project and the use of the industrial, agricultural, educational, historical, cultural, recreational, and natural resources of the State of Georgia by those using or visiting the project. (b) The authority shall have the power to lease and make contracts with political subdivisions and agencies of this state with respect to the use of the project and the goods and services of the authority provided in connection with such use or the activities which the authority is otherwise authorized to undertake. (c) It shall be the duty of the board of governors of the authority to prescribe rules and regulations for the operation and governing the use of the project constructed under the provisions of this chapter, including rules and regulations to ensure maximum use of the project. (d) (1) The authority shall be authorized to employ security guards to keep watch over and protect the Geo. L. Smith II Georgia World Congress Center and such other properties as may be under the management and control of the authority. The secu rity guards employed, as provided by this subsection, shall be employees of and com pensated by the authority. The security guards employed pursuant to the provisions of this Code section, shall be charged with the duty of protecting and preserving the property under the management and control of the authority and the prevention, detection, and investigation of offenses committed thereon. Security guards so employed by the authority shall not be subject to Chapter 8 of Title 35 of the Official Code of Georgia Annotated but may apply for and obtain certification thereunder. Any security guard so employed who is a candidate for or who has obtained certifica tion under Chapter 8 of Title 35 shall, in addition, have powers to arrest all persons committing offenses thereon and to possess and carry weapons while on duty, but only while in the performance of his duties and only while upon the property or in connec tion with the property under the control of the authority. (2) Under such terms and conditions as the authority and the Board of Public Safety may by agreement establish, the Board of Public Safety may provide through the Georgia Police Academy such limited or specialized training to security guards employed by the authority as may be appropriate to the responsibilities and powers vested in such security guards. Without limitation of the foregoing, the board may permit limited participation by such security guards in the training program, or such parts thereof as may be appropriate, offered to police officers by the Georgia Police Academy. Nothing in this Code section shall limit the duty of the Georgia Police Academy to train security guards who apply for certification under Chapter 8 of Title 35 of the Official Code of Georgia Annotated. THURSDAY, MARCH 11, 1982 2013 10-9-16. The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to the Attorney General, shall apply. 10-9-17. The foregoing Code sections of this chapter shall be deemed to provide an additional and alternative method for the doing of things authorized thereby and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing. 10-9-18. This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. 10-9-19. The accounts of the authority created in this chapter shall be kept as sepa rate and distinct accounts and shall be audited by the Department of Audits and Accounts of the state. ARTICLE 2 10-9-20. There is created as a joint committee of the General Assembly the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee to be com posed of three members of the House of Representatives appointed by the Speaker of the House and three members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairman of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairman of the committee shall be appointed by the Speaker of the House from the membership of the committee. The chairman and vice chairman shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairman or vice chairman of the com mittee shall be filled for the unexpired term in the same manner as the original appoint ment. The committee shall periodically inquire into and review the operations of the Geo. L. Smith II Georgia World Congress Center Authority, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this chapter. 10-9-21. The state auditor, the Attorney General, and all other agencies of state gov ernment, upon request by the committee, shall assist the committee in the discharge of its duties herein set forth. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants. 10-9-22. The Geo. L. Smith II Georgia World Congress Center Authority shall coop erate with the committee, its authorized personnel, the Attorney General, the state audi tor, and other state agencies in order that the charges of the committee, set forth in this article, may be timely and efficiently discharged. The authority shall submit to the com mittee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney Gen eral is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Geo. L. Smith II Georgia World Congress Center Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its find ings and recommendations based upon the review of the Geo. L. Smith II Georgia World Congress Center Authority, as set forth this chapter. 10-9-23. In the discharge of its duties, the committee shall evaluate the performance of the Geo. L. Smith II Georgia World Congress Center Authority consistent with the following criteria: (1) Prudent, legal, and accountable expenditure of public funds; (2) Efficient operation; and (3) Performance of its statutory responsibilities. 10-9-24. (a) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel, paying for services of independent accountants, engineers, 2014 JOURNAL OF THE HOUSE, and consultants, and paying all other necessary expenses incurred by the committee in performing its duties. (b) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (c) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government." Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Ham of the 80th moves to amend the Committee substitute to HB 1546 by adding between lines 18 and 19 on page 5 a new paragraph: "(12) Said Authority shall not grant any pay raises without authority of the Legisla ture." On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Aaron N Adams.G N Adams,,! N Adamg.M Y Aiken Y Anderson N Argo Y Auten Y Balkcom Y Bargeron Y Baugh NBeal YBeck Y Benefield NBenn Y Birdsong Bishop N Bolster Y Branch YBray N Brooks YBuck N Burruss Y Burton YByrd N Cason N Castleberry Y Chamberlin N Chambless N Chance Y Cheeks Y Childera N Childs N Clark,B Y Clark,L N Colbert Y Coleman Y Collins Colwell N Connell Couch Cox Y Crawford Y Crosby Culpepper Cummings N Darden Daugherty Y Davis,B Y Davis,J Y Davis.L NDean YDent Y Dixon Y Dobbs Y Dover N Edwards Elliott Y Evans N Felton N Fortune Y Foster N Fuller.C Y Galer N Ginsberg Glover Y Godbee Y Greer YHam N Hamilton Manner N Harris N Harrison Y Hasty N Hawkins YHays Hill Holmes Y Hooks NHorne N Hutchinson Ylrvin N Isakson Y Jackson,J Y Jackson,N Y Jackson.W Jessup N Johnson.G Y Johnson.R Y Jones,B N Jones.H Y Karrh YKemp N Kilgore N Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan YLong YLord NLowe N Lucas Y Mangum YMann N Marcus N Martin Matthews Y McCollum N McDonald N McKinney Y Miles Y Milford N Montgomery Y Moody Y Moore N Mostiler Y Mullinax N Nicholson NNix N Oliver N Padgett Parham Y Patten Y Perry Y Peters N Phillips,B Y Phillips,L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz N Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves N Richardson Y Robinson YRose YRoss Y Rowland Y Russell On the adoption of the amendment, the ayes were 91, nays 63. The amendment was adopted. N Savage N Scott,A N Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Y Smyre NSnow N Steinberg N Swann Y Thomas Thompson Townsend N Triplett YTuten Twiggs N Vandiford N Vaughn Y Veazey N Waddle Y Walker YWall Ware Watson White Y Widener Y Williams.B.J Williams,H Y Williams.R N Wilson Y Wood,J N Wood,J.T N Workman Speaker Murphy Representative Savage of the 25th moved that the House reconsider its action in adopting the Ham amendment. THURSDAY, MARCH 11, 1982 2015 On the motion, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken N Anderson YArgo Y Auten N Balkcom N Bargeron N Baugh YBeal N Beck N Benefield YBenn N Birdsong Bishop Y Bolster N Branch NBray Y Brooks NBuck Y Burruss N Burton NByrd YCason Y Castleberry N Chamberlin Y Chambless Y Chance N Cheeks Y Childers Y Childs Y Clark,B N Clark,L Y Colbert N Coleman N Collins Colwell Y Connell Y Couch NCox N Crawford N Crosby Y Culpepper Y Cummings Y Darden Y Daugherty N Davis.B N Davis,J N Davis,L YDean Dent N Dixon NDobbs N Dover Y Edwards Elliott N Evans Y Felton Y Fortune Foster Y Fuller.C N Galer Y Ginsberg Glover NGodbee Y Greer NHam Y Hamilton Y Hanner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks YHome Y Hutchinson N Irvin Y Isakson Y Jackson,J N Jackson.N N Jackson.W N Jessup Y Johnson.G N Johnson,R N Jones.B Y Jones,H NKarrh N Kemp Y Kilgore Y Lambert N Lane,D N Lane,R N Lawson NLee N Logan NLong NLord YLowe Y Lucas N Mangum NMann Y Marcus N Martin On the motion, the ayes were 77, nays 87. The motion was lost. Matthews N McCollum Y McDonald Y McKinney N Miles N Milford Y Montgomery N Moody N Moore Y Mostiler N Mullinax Y Nicholson YNix Y Oliver N Padgett N Parham N Patten N Perry N Peters Y Phillips,B N Phillips.L.L N Phillips,R.T N Phillips,W.R Y Pilewicz Pinkston N Rainey N Ralston N Ramsey Randall N Reaves Y Richardson N Robinson NRose NRoss N Rowland N Russell Y Savage Y Scott,A Y Scott,D N Shepard N Sherrod N Sizemore N Smith,T Smith.V N Smyre YSnow Y Steinberg Y Swann N Thomas Y Thompson Y Townsend Y Triplett NTuten Twiggs N Vandiford Y Vaughn N Veazey Y Waddle Y Walker N Wall Ware N Watson White N Widener N Williams.B.J Y Williams.H N Williams.R Y Wilson N Wood,J Y Wood,J.T Y Workman Speaker Murphy The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y AdamsJ Y Adams.M Y Aiken Y Anderson Y Argo Y Auten N Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster N Branch YBray N Brooks YBuck Y Burruss Y Burton NByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Y Colbert Coleman Y Collins Colwell Y Connell Y Couch YCox Y Crawford N Crosby Y Culpepper Y Cummings Y Darden N Daugherty Y Davis.B N Davis,J Y Davis.L YDean Dent Y Dixon N Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer YHam Y Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J N 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 N Lane.R Y Lawson YLee Y Logan YLong Y Lord Y Lowe Y Lucas Y Mangum 2016 JOURNAL OF THE HOUSE, YMann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney N Miles Y Milford Y Montgomery N Moody N Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten N Perry Y Peters Y Phillips,B Y Phillips,L.L Y Phillips,R.T N Phillips.W.R Y Pilewicz Y Pinkston Y Rainey N Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Y Scott,A Y Scott,D N Shepard N Sherrod Y Sizemore N Smith,T Smith,V YSmyre YSnow Y Steinberg YSwann Y Thomas Y Thompson Y Townsend Y Triplett YTuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.B.J N 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, as amended, the ayes were 146, nays 21. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. The Speaker announced the House in recess until 1:45 o'clock, this afternoon. THURSDAY, MARCH 11, 1982 2017 AFTERNOON SESSION The Speaker called the House to order. Representative Daugherty of the 33rd District, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation: HB 1514 Do Pass, by Substitute Respectfully submitted, Daugherty of the 33rd Chairman Representative Bray of the 70th District, Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker: Your Committee on State of Republic has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations: HB 1900 Do Pass, as Amended HB 1907 Do Pass, by Substitute Respectfully submitted, Bray of the 70th Chairman Representative Dixon of the 151st District, Chairman of the Committee on Temper ance, submitted the following report: Mr. Speaker: Your Committee on Temperance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation: HB 1906 Do Pass Respectfully submitted, Dixon of the 151st Chairman The following Resolutions of the House and Senate were read and adopted: SR 347. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable Marcus Collins; and for other pur poses. 2018 JOURNAL OF THE HOUSE, SR 348. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable Al Burruss; and for other purposes. SR 349. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable Bobby Carrell; and for other pur poses. SR 350. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable Charles Hatcher; and for other pur poses. SR 351. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable Sidney Marcus; and for other pur poses. SR 352. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable George Williamson; and for other purposes. SR 353. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable Clark Stevens; and for other pur poses. SR 354. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable William J. Breeding; and for other purposes. SR 355. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable Charles Kent; and for other pur poses. SR 356. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable Charles McDaniel; and for other purposes. SR 357. By: Senators Lester of the 23rd, Gillis of the 20th, and Turner of the 8th: A RESOLUTION commending the Honorable Curtis H. Cadenhead, Jr.; and for other purposes. HR 794. By: Representatives Collins of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending the Honorable Al Holloway; and for other purposes. HR 795. By: Representatives Collins of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending the Honorable Lex Strickland; and for other purposes. HR 796. By: Representative Vaughn of the 57th: A RESOLUTION commending the Dixie Youth Majors baseball team of Rockdale County; and for other purposes. HR 797. By: Representative Shepard of the 67th: A RESOLUTION expressing sympathy at the passing of Mr. T. Harry Embry; and for other purposes. THURSDAY, MARCH 11, 1982 2019 HR 798. By: Representative Shepard of the 67th: A RESOLUTION commending Mrs. Florine Garner; and for other purposes. HR 799. By: Representatives Isakson of the 20th, Aiken of the 21st, Nix of the 20th, Wilson and Thompson of the 19th, and others: A RESOLUTION in memory of Earnest Garrett; and for other purposes. HR 800. By: Representatives Collins of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending the Honorable George L. O'Kelley, Jr.; and for other purposes. HR 801. By: Representatives Adams of the 14th, Childers of the 15th, Montgomery of the 16th, Cummings of the 17th, Murphy of the 18th, and others: A RESOLU TION recognizing Ken Fuller; and for other purposes. HR 802. By: Representatives Connell of the 87th, Nicholson of the 88th, Swann of the 90th, Cheeks of the 89th, and Dent of the 85th: A RESOLUTION expressing sympathy at the passing of Mr. Jack Johannsen; and for other purposes. HR 803. By: Representatives Home of the 104th, Pinkston of the 100th, Randall of the 101st, Davis of the 99th, and Lucas of the 102nd: A RESOLUTION commend ing the Honorable Kenneth Wilson Birdsong; and for other purposes. HR 804. By: Representatives Collins of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending the Honorable Loyce Turner; and for other purposes. HR 805. By: Representatives Collins of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending the Honorable John Riley; and for other purposes. HR 806. By: Representatives Collins of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending the Honorable Tom Faircloth; and for other purposes. HR 807. By: Representatives Collins of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending Mrs. Constance Hunter; and for other purposes. HR 808. By: Representatives Collins of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending the Honorable Gil Harbin; and for other purposes. HR 809. By: Representatives Collins of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending the Honorable Horace Tate; and for other purposes. HR 810. By: Representatives Collins of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending the Honorable Hugh Gillis; and for other purposes. The following Resolutions of the House were read and referred to the committees: 2020 JOURNAL OF THE HOUSE, HR 811. By: Representatives Colwell and Twiggs of the 4th, Ralston of the 7th, Williams and Foster of the 6th, and others: A RESOLUTION relative to the proposed closing of the railroad serving Mineral Bluff, Georgia; and for other purposes. Referred to the Committee on State Institutions & Property. HR 812. By: Representative Mann of the 13th: A RESOLUTION urging Congress to enact legislation to prevent thefts and robberies of schedule II controlled sub stances from pharmacies and other persons licensed to possess such substances; and for other purposes. Referred to the Committee on Health & Ecology. The following Resolution of the House, having been favorably reported by the Com mittee on Rules, was read and adopted: HR 757. By: Representatives Veazey of the 146th, Murphy of the 18th, Harris of the 8th, Walker of the 115th, Sizemore of the 136th, and others: A RESOLUTION com mending and congratulating Miss Jenni Collins; and for other purposes. The following Resolution of the House was read and referred to the Committee on Rules: HR 814. By: Representatives Aaron, Mangum amd Workman of the 56th, Ralston of the 7th, Phillips of the 91st and others: A RESOLUTION inviting Mr. Yul Brynner to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the House was taken up for consideration and read the third time: HR 583. By: Representatives Byrd and Moody of the 138th: A RESOLUTION designating the Dr. McKee Hargrett Bridge; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Aaron Y Adams.G Y Adams,J Y Adams.M Aiken Y Anderson Y Argo Y Auten Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Birdsong Bishop Bolster Y Branch YBray Brooks Buck N Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Coleman Collins Colwell Y Connell Couch Cox Y Crawford Crosby Culpepper Y Cummings Darden Daugherty Davis,B Davis,J Davis,L Dean YDent Dixon Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover Godbee Greer YHam Y Hamilton Y Hanner Harris Harrison Y Hasty Hawkins YHays Hill Holmes Y Hooks Home Hutchinson Y Irvin Isakson Y Jackson,J Jackson.N Y Jackson, W Y Jessup Johnson.G Y Johnson.R Y Jones,B Y Jones,H Karrh Kemp Y Kilgore Y Lambert Y Lane.D Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum THURSDAY, MARCH 11, 1982 2021 Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson Nix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips,B Y Phillips.L.L Y Phillips,R.T Phillips,W.R Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Richardson Y Robinson Rose Y Ross Y Rowland Y Russell Y Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Smith.T Smith, V Smyre Snow Steinberg Swann Y Thomas Thompson Y Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Walker Wall Ware Y Watson White Widener Y Williams,B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 102, nays 1. The Resolution, having received the requisite constitutional majority, was adopted. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1223. By: Representatives Miles of the 107th, Cheeks of the 89th, Colbert of the 23rd, and Sherrod of the 143rd: A BILL to amend Code Chapter 84-5, relating to the practice and licensure of chiropractors, so as to continue the Board of Chiro practic Examiners and the laws relating thereto but to provide for the later ter mination of the board and such laws; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Representative Miles of the 107th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1223 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Miles of the 107th, Mostiler of the 71st, and Bargeron of the 83rd. The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto: HB 638. By: Representatives Fuller of the 16th, Adams of the 14th and Childers of the 15th: A BILL to amend the "Children and Youth Act," so as to change the definition relating to family day-care homes; and for other purposes. The following Senate substitute was read: A BILL To amend the "Children and Youth Act," approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, so as to change the definitions relating to child welfare agencies, family day-care homes and day-care centers; to define the term "group day-care home"; to change certain references; to require registrations in certain situations; to require review of certain regulations; to require the Department of Human Resources to publish guidelines for daycare; to provide for fire inspections of group day-care homes and day-care centers; to pro vide for the review, modification, and application of fire safety codes; to amend the Official Code of Georgia Annotated accordingly; to provide certain exceptions to the 2022 JOURNAL OF THE HOUSE, requirements of Code Section 26-2-371, relating to permits for the operation of food ser vice establishments; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Parti Section 1. The "Children and Youth Act," approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, is amended by striking in its entirety subsection (r) of Section 3 and inserting in lieu thereof a new subsection (r) to read as follows: "(r) 'Child welfare agency,' as used in Section 14 of this Act, shall mean: 'child-car ing institution,' 'child-placing agency,' 'maternity home,' 'family boarding home,' 'family day-care home,' 'group day-care home,' and 'day-care center.'" Section 2. Said Act is further amended by striking in their entirety subsections (w) and (x) of Section 3, which read as follows: "(w) 'Family day-care home' shall mean a home operated by any person who receives therein for pay three (3) or more children under seventeen (17) years of age, who are not related to such person and whose parents or guardians are not residents in the same house, for daytime supervision and care, without transfer of custody. (x) 'Day-care center' shall mean any place operated by a person, society, agency, cor poration or institution, or any group wherein are received for pay seven (7) or more chil dren under eighteen (18) years of age for group care, without transfer of custody, for less than twenty-four (24) hours per day.", and inserting in lieu thereof new subsections (w), (x), and (y) to read as follows: "(w) 'Family day-care home' shall mean a private residence operated by any person who receives therein for pay three but not more than six children under 18 years of age, who are not related to such person and whose parents or guardians are not residents in the same private residence, for supervision and care, without transfer of custody, for less than 24 hours per day. (x) 'Day-care center' shall mean any place operated by a person, society, agency, cor poration or institution, or any group wherein are received for pay 19 or more children under 18 years of age for group care, without transfer of custody, for less than 24 hours per day. (y) 'Group day-care home' shall mean any place operated by any person or group wherein are received for pay not less than seven nor more than 18 children under 18 years of age for care and supervision for less than 24 hours per day." Section 3. Said Act is further amended by striking subsection (a) of Section 14 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) (1) Annual License; Standards.--All child welfare agencies, as defined in sub section (r) of Section 3 of this Act, shall be licensed annually by the Division for Childten tatA Youth department in accordance with procedures, standards, rules, and regulations to be established by the Board; provided, however, that, in lieu of licensure, the department shall require persons who operate family day-care homes to reg ister with the department. The Board shall develop and publish standards for licensing of child welfare agencies. A license issued to a child welfare agency shall be deemed approval of all family boarding homes, foster family homes, and family daycare homes approved, supervised, and used by the licensed agency as a part of its work, subject to provisions of this Act and rules and regulations of the Board. (2) The department shall have the responsibility to review existing day-care regu lations to determine which regulations are necessary to safeguard and protect the wellbeing and general welfare of children and youth, which regulations could more appropriately be issued as guidelines for quality day care, and which regulations unnecessarily restrict the delivery of day-care services. A list of proposed rule changes shall be submitted to the Board of Human Resources no later than November 1 1982. Copies of the proposed changes shall be submitted to the Lieutenant Governor, the THURSDAY, MARCH 11, 1982 2023 Speaker of the House of Representatives, and the chairmen of the Senate Human Resources Committee and the House Health and Ecology Committee. (3) No later than December 31, 1982, the department shall publish and make available to day-care centers and interested persons a list of guidelines for quality child care." Section 4. Said Act is further amended by adding between Sections 14 and 15 a new section, to be designated Section 14A, to read as follows: "Section 14A. Fire Inspections, (a) Fire inspections of group day-care homes and daycare centers shall be performed by local fire departments or local fire marshals. Such local fire departments or local fire marshals shall be responsible for enforcing fire safety standards within their jurisdictions and shall: (1) Conduct fire safety inspections of group day-care homes and day-care centers at least once a year using the 1973 Life Safety Code (NFPA Standard 101) of the National Fire Protection Association as modified for day-care centers by the Board of Human Resources or using any subsequent applicable code adopted by such Board pursuant to Section 14B; and (2) Issue permanent and temporary certificates of occupancy. (b) If local fire departments or local fire marshals are unable or unwilling to perform fire inspections of group day-care homes and day-care centers, the department shall assume such responsibility." Section 5. Said Act is further amended by adding between Sections 14A and 15 a new section, to be designated Section 14B, to read as follows: "Section 14B. Fire Safety Codes. The department shall have the responsibility to review new fire safety codes and make recommendations to the Board. The Board may modify any new fire safety codes. Any day-care center constructed after November 1, 1982, shall comply with such codes; provided, however, that day-care centers in opera tion, under construction, or with approved plans prior to November 1, 1982, shall com ply with the 1973 Life Safety Code (NFPA Standard 101) of the National Fire Protection Association as modified for day-care centers by the Board and shall remain in compliance with that code as modified as long as the day-care center is operated at the same location." Part 2 Section 6. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by striking in its entirety paragraph (4) of Code Section 49-5-3 and inserting in lieu thereof a new paragraph (4) to read as follows: "(4) 'Day-care center' means any place operated by a person, society, agency, corpo ration, institution, or group wherein are received for pay for group care for fewer than 24 hours per day without transfer of legal custody seven 19 or more children under 18 years of age." Section 7. Said chapter is further amended by striking in its entirety paragraph (8) of Code Section 49-5-3 and inserting in lieu thereof a new paragraph (8) to read as follows: "(8) 'Family day-care home' means a home private residence operated by any person who receives therein for pay for daytime supervision and care fewer than 24 hours per day, without transfer of legal custody, three or but not more than six children under W 18 years of age who are not related to such person and whose parents or guardians are not residents in the same house private residence." Section 8. Said chapter is further amended by adding at the end of Code Section 49-5-3 a new paragraph (18) to read as follows: "(18) 'Group day-care home' means any place operated by any person or group wherein are received for pay not less than seven nor more than 18 children under 18 years of age for care and supervision for less than 24 hours per day." 2024 JOURNAL OF THE HOUSE, Section 9. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 49-5-12 and inserting in lieu thereof a new subsection (a) to read as fol lows: "(a) 'Child welfare agency' means any child-caring institution, child-placing agency, maternity home, family boarding home, family day-care home, group day-care home, and day-care center." Section 10. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 49-5-12 and inserting in lieu thereof a new subsection (b) to read as fol lows: "(b) (1) All child welfare agencies, as defined in subsection (a) of this Code section, shall be licensed annually by the department in accordance with procedures, stan dards, rules, and regulations to be established by the board; provided, however, that the department shall require persons who operate family day-care homes to register with the department. The board shall develop and publish standards for licensing of child welfare agencies. A license issued to a child welfare agency shall be deemed approval of all family boarding homes, foster family homes, and family day-care homes approved, supervised, and used by the licensed agency as a part of its work, subject to this article and rules and regulations of the board. (2) The department shall have the responsibility to review existing day-care regu lations to determine which regulations are necessary to safeguard and protect the wellbeing and general welfare of children and youth, which regulations could more appropriately be issued as guidelines for quality day care, and which regulations unnecessarily restrict the delivery of day-care services. A list of proposed rule changes shall be submitted to the Board of Human Resources no later than November 1^ 1982. Copies of the proposed changes shall be submitted to the Lieutenant Governor, the Speaker of the House of Representatives, and the chairmen of the Senate Human Resources Committee and the House Health and Ecology Committee. (3) No later than December 31, 1982, the department shall publish and make available to day-care centers and interested persons a list of guidelines for quality child care. (4) After a family day-care home, group day-care home, or day-care center has been licensed or registered by the department as provided in this chapter, the facility shall not be required to have a permit to operate a food service establishment as required in Code Section 26-2-371, provided that standards for food service have been incorporated in the regulations for licensing or registering such agencies." Section 11. Said chapter is further amended by adding between Code Sections 49-5-13 and 49-5-15 a new Code section, to be designated Code Section 49-5-14, to read as follows: "49-5-14. (a) Fire inspections of group day-care homes and day-care centers shall be performed by local fire departments or local fire marshals. Such local fire departments or local fire marshals shall be responsible for enforcing fire safety standards within their jurisdictions and shall: (1) Conduct fire safety inspections of group day-care homes and day-care centers at least once a year using the 1973 Life Safety Code (NFPA Standard 101) of the National Fire Protection Association as modified for day-care centers by the Board of Human Resources or using any subsequent applicable code adopted by the said board pursuant to subsection (c); and (2) Issue permanent and temporary certificates of occupancy. (b) If local fire departments or local fire marshals are unable or unwilling to perform fire inspections of group day-care homes and day-care centers, the department shall assume such responsibility. (c) The department shall have the responsibility to review new fire safety codes and make recommendations to the board. The board may modify any new fire safety codes. Any day-care center constructed after November 1, 1982, shall comply with such codes; provided, however, that day-care centers in operation, under construction, or with approved plans prior to November 1, 1982, shall comply with the 1973 Life Safety Code THURSDAY, MARCH 11, 1982 2025 (NFPA Standard 101) of the National Fire Protection Association as modified for daycare centers by the board and shall remain in compliance with that code as modified as long as the day-care center is operated at the same location." Part3 Section 12. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 13. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted. Representatives Childers of the 15th and Adams of the 14th move to amend the Sen ate substitute to HB 638 by changing the word "shall" on line 16, page 3, to "may" and by changing the word "shall" on line 4, page 7, to "may" Representative Childers of the 15th moved that the House agree to the Senate substi tute, as amended by the House, to HB 638. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y AdamsJ Y Adams,M Y Aiken Y Anderson Argo YAuten Balkcom Y Bargeron YBaugh YBeal Y Beck Y Benefield NBenn Birdsong Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Charaberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark.L Y Colbert Coleman Collins Colwell Connell Y Couch Cox Y Crawford Y Crosby Culpepper Y Cummings Darden Y Daugherty Y Davis.B N Davis,J Y Davis,L Dean Dent Dizon NDobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Foster Y Fuller.C Galer Y Ginsberg Glover Gridbee Greer YHam Y Hamilton Y Banner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin Y Isakson Y Jackson.J N Jackson,N Y Jackson.W Y Jessup Y Johnson.G Johnson,R Y Jones,B Y Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane,D Lane.R Y Lawson YLee YLogan YLong Lord YLowe Y Lucas Y Mangum Mann Y Marcus Y Martin On the motion, the ayes were 127, nays 8. The motion prevailed. Y Matthews N McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips,L.L Y Phillips,R.T Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell Y Savage Scott,A Y Scott,D N Shepard Y Sherrod Y Sizemore Smith.T Smith.V Y Smyre YSnow Steinberg Y Swann Y Thomas Thompson Y Townsend Y Triplett YTuten Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White N Widener N Williams,B.J Williams,H Williams,R Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time: 2026 JOURNAL OF THE HOUSE, HB 1730. By: Representative Vaughn of the 57th: A BILL to amend Code Section 44-7-51 of the Official Code of Georgia Annotated, relating to the issuance of summons, service, time for answer, and defenses and counterclaims, so as to provide that the defendant may be served by posting a copy of the summons and affidavit on the door of the premises and, on the same day of such postings, by enclos ing, directing, stamping, and mailing by first class mail a copy of the summons and the affidavit to the defendant at his last known address; and for other pur poses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Aaron Y Adams,G Y Adams,J Adams,M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom Y Bargeron Baugh Beal YBeck Y Benefield Benn Birdaong Y Bishop Y Bolster Y Branch Bray Brooks YBuck Y Burruss Y Burton YByrd Y Canon Y Castleberry Y Chamberlin Chambless Y Chance Y Cheeks Y ChUders Y Childs Y Clark,B Y Clark,L Y Colbert Coleman Collins Colwell Y Connell Couch Coi Y Crawford Crosby Y Culpepper Y Cummings Darden Daugherty Davis,B DavisJ Y Davis,L Dean YDent Y Diion Dobbs Dover Y Edwards EUiott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover God bee Greer YHam Y Hamilton Manner Harris Y Harrison Y Hasty Y Hawkins Hays Hill Y Holmes Y Hooks Y Home Hutchinson Irvin Y Isakson Y JacksonJ Jackson.N Y Jackson.W Y Jessup Johnson,G Y Johnson.R Jones.B Y Jones,H Karrh Kemp Y Kilgore Y Lambert Y Lane.D Lane,R Y Lawson YLee YLogan YLong YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNii Y Oliver Y Padgett Y Parham Y Patten Y Perry Peters Phillips.B Y Phillips,L.L Y PhilliPs,R.T Phillips,W.R Y Pilewicz Pinkston Rainey Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Smith.T Smith,V Y Smyre Snow Y Steinberg Swann Y Thomas Thompson Y Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Veazey Waddle Y Walker YWall Y Ware Watson White Y Widener Y Williams.B.J Williams.H Williams.R Y Wilson YWood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 118, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1693. By: Representative Thomas of the 66th: A BILL to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to empower the Commissioner of Securities to create by rule a limited offering transactional exemption; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 100, nays 0. The Bill, having received the requisite constitutional majority, was passed. THURSDAY, MARCH 11, 1982 2027 HB 1755. By: Representative Lambert of the 112th: A BILL to amend Code Section 46-8-232 of the Official Code of Georgia Annotated, relating to the appointment of special officers for the protection of railroad property, so as to change the requirements relative thereto; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 111, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 1435. By: Representatives Parham of the 109th and Baugh of the 108th: A BILL to amend Code Title 79A, relating to the manufacture, production, distribution, and use of drugs, medicines, poisons, so as to amend the list of dangerous drugs; to amend the exemptions from the list of dangerous drugs; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following amendments were read and adopted: The Committee on Health and Ecology moves to amend HB 1435 by adding on line 14 of page 1 after the following: "accordingly;", the following: "as well as to recognize certain abuses and medical uses of Schedule I substances;". By striking from line 21 of page 11 the following: "a new paragraph (4)", and inserting in its place the following: "new paragraphs (4) and (5)". By striking the period and quotation marks from line 29 of page 11 and inserting in their place a semicolon. By adding between lines 29 and 30 of page 11 the following: "(5) Notwithstanding the fact that Schedule I substances have no currently accepted medical use, the General Assembly recognizes certain of these substances which are cur rently accepted for certain limited medical uses in treatment in the United States but have a high potential for abuse. Accordingly, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of methaqualone, including its salts, isomers, optical isomers, salts or their isomers, and salts of these optical isomers, is included in Schedule I.'" By adding between lines 22 and 23 of page 12 the following: "Section 17.1. Said title is further amended by striking paragraph (4) of Code Sec tion 16-13-26 and inserting in its place a new paragraph (4) to read as follows: '(4) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any of the following substances included as having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (A)--Methaqualone; 2028 JOURNAL OF THE HOUSE, {B} (A) Amobarbital; (6) {Bj Secobarbital; {} (C) Pentobarbital.'" Representative Parham of the 109th moves to amend HB 1435 by adding between lines 27 and 28 of page 4 the following: "Section 4.1. Said Code title is further amended by striking from subsection (b) of Code Section 79A-702, in the listing of dangerous drugs and between the words 'Cyclandelate' and 'Cyclobenzaprine', the following: 'Cyclizine'". By adding between lines 11 and 12 of page 5 the following: "Section 7.1. Said Code title is further amended by striking from subsection (b) of Code Section 79A-702, in the listing of exceptions and exemptions, the following: 'Pseudoephedrine -- where the dosage unit is not more than 30 mg. or when in combination with another medically active ingredient and the dosage unit is not more than 60 mg. or not more than 120 mg. when manufactured to release the drug in delayed action slow time release.', and inserting in its place the following: 'Pseudoephedrine -- where the dosage unit is not more than 60 mg. or, when manu factured to release the drug in delayed action slow time release, where the dosage unit is not more than 120 mg.'". By striking from line 10 of page 25 the following: "(225) Cyclizine;", and inserting in its place the following: "(226) Cyclizinc;". By striking from lines 5 through 10 of page 52 the following: "(23) Pseudoephedrine -- where the dosage unit is not more than 30 mg. or when in combination with another medically active ingredient and the dosage unit is not more than 60 mg. or not more than 120 mg. when manufactured to release the drug in delayed action slow time release;", and inserting in its place the following: "(23) Pseudoephedrine -- where the dosage unit is not more than 60 mg. or, when manufactured to release the drug in delayed action slow time release, where the dosage unit is not more than 120 mg.;". Representative Karrh of the 106th moves to amend HB 1435 by striking on line 7, page 2, after the word "charges" all of lines 7, 8, 9 and all of line 10 to the word "or". Representative Jackson of the 77th moves to amend HB 1435 by striking the word "not" on line 12, page 11. The following amendment was read: Representative Lane of the 40th moves to amend HB 1435 by adding on page 57 a new Section 24 to read as follows: THURSDAY, MARCH 11, 1982 2029 ~ "DMSO packaged in containers of one (1) liter or less, for distribution, must meet the *i purity standards as set forth by the Federal Food and Drug Administration for human use 1 of DMSO." On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Aaron Y Adams,G NAdamsJ Adams,M Aiken N Anderson N Argo Y Auten Balkcom Y Bargeron YBaugh Beal NBeck N Benefield Benn N Birdsong N Bishop N Bolster N Branch NBray N Brooks NBuck N Burruss Y Burton YByrd YCason N Castleberry N Chamberlin N Chambless Chance Y Cheeks N Childers N Childs Y Clark.B Y Clark,L Colbert Coleman N Collins Colwell N Connell Y Couch YCox N Crawford Crosby Y Culpepper N Cummings Darden N Daugherty N Davis,B Y Davis,J Davis.L NDean Dent N Dixon NDobbs N Dover N Edwards Elliott Y Evans Y Felton N Fortune Y Foster Y Fuller.C NGaler N Ginsberg Glover Godbee Greer NHam N Hamilton N Manner Harris Y Harrison N Hasty N Hawkins NHays Hill N Holmes N Hooks Y Home Y Hutchinson Ylrvin Y Isakson Y Jackson,J Y Jackson.N Y Jackson.W N Jessup Y Johnson.G Johnson.R N Jones.B Y Jones,H YKarrh NKemp N Kilgore Y Lambert Y Lane,D Y Lane.R N Lawson NLee Y Logan YLong YLord YLowe Y Lucas N Mangum YMann N Marcus N Martin Y Matthews N McCollum N McDonald McKinney Y Miles N Milford N Montgomery Y Moody Y Moore Y Mostiler Mullinai N Nicholson YNix N Oliver Padgett Parham N Patten N Perry Y Peters N Phillips,B Y Phillips,L.L Y Phillips,R.T N Phillips,W.R Y Pilewicz Pinkston Y Rainey N Ralston Ramsey Y Randall N Reaves N Richardson Robinson NRose YRoss N Rowland N Russell N Savage Scott,A Scott,D Y Shepard N Sherrod Y Sizemore Y Smith.T Smith,V N Smyre NSnow Y Steinberg NSwann Y Thomas Thompson N Townsend N Triplett YTuten Twiggs N Vandiford N Vaughn N Veazey N Waddle N Walker Y Wall Ware Y Watson White Y Widener Y Williams,B.J Williams.H Williams.R N Wilson N Wood,J Y Wood,J.T N Workman Speaker Murphy On the adoption of the amendment, the ayes were 62, nays 81. The amendment was lost. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams,J Y Adams.M Aiken Y Anderson YArgo Y Auten Balkcom Y Bargeron YBaugh Beal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Collins Colwell Y Connell Y Couch YCox Crawford Crosby Y Culpepper Y Cummings Darden Y Daugherty Y Davis,B Y Davis,J Davis.L YDean YDent Y Dixon YDobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Godbee Greer YHam Y Hamilton Y Hanner Harris Y Harrison Y Hasty Hawkins YHays Hill Y Holmes Y Hooks YHorne 2030 JOURNAL OF THE HOUSE, Y Hutchinson Ylrvin Ylsakson Y Jackson,J Y Jackson.N Y Jackson,W Y Jessup Y Johnson.G Johnson.R Y Jones.B Y Jones,H YKarrh YKemp YKilgore Y Lambert YLane,D Lane.R YLawson YLee YLogan YLong YLord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews YMcCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler YMuUinax Y Nicholson YNir Y Oliver Padgett YParham Y Patten Y Perry Y Peters Y PhiUip8,B Y Phillips.L.L Y PhiUips,R.T Phillips,W.R Y Pilewicz Pinkston YRainey Y Ralston Ramsey YRandall Y Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell Y Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith,V YSmyre YSnow Y Steinberg YSwann Y Thomas Thompson Y Townsend Y Triplett YTuten Twiggs Vandiford Y Vaughn YVeazey Y Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y WiUiam8,B.J Williams.H Williams.R Y Wilson Y WoodJ Y WoodJ.T Y Workman Speaker Murphy On the passage of the Bill, as amended, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Vandiford of the 53rd stated that he had been called from the floor of the House during the preceding roll call and requested that he be recorded as voting "aye" thereon. The Speaker Pro Tern assumed the Chair. HB 1495. By: Representatives Coleman of the 118th and Veazey of the 146th: A BILL to amend an Act providing for the regulation of certain dealers in precious metals or gems, so as to change certain definitions; to provide for the administration of such Act by the appropriate law enforcement officer; to change the provisions relating to the registration of dealers in precious metals or gems; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y AdamsJ Y Adama.M Aiken Anderaon YArgo Y Auten YBalkcom Y Bargeron YBaugh YBeal Beck Y Benefield Benn YBirdsong Y Bishop Y Bolster Y Branch Bray Y Brooks YBuck YBurruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childere Y Childs Y Clark.B Y Clark,L Y Colbert Coleman YCollins Colwell Connell Y Couch YCoi Y Crawford Y Crosby Culpepper CumminES Darden Y Daugherty Davis.B Y DavisJ Davis.L Dean YDent Dixon YDobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Ginsberg Glover Godbee YGreer YHam Y Hamilton Y Manner Y Harris Harriaon Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Ylrvin Isakson Y Jackson.J Y Jackson,N Y Jackson.W Y Jessup Y Johnson.G Y Johnson,R Y Jones.B Y Jones,H YKarrh YKemp Y Kilgore Lambert YLane,D Y Lane,R Y Lawson YLee YLogan YLong YLord YLowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson Nix Y Oliver Y Padgett YParham Y Patten Y Perry Y Peters Phillips,B YPhillips,L.L Y Phillips,R.T YPhillips.W.R YPilewicz THURSDAY, MARCH 11, 1982 Y Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Robinson Y Rose Y Ross Y Rowland Y Russell Y Savage Scott,A Scott J) Y Shepard Y Sherrod Y Sizemore Y Smith/I Smith.V Y Smyre Y Snow Y Steinberg Swann Y Thomas Thompson Y Townsend Y Triplet! Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall 2031 Ware Y Watson White Y Widener Y WiUiams,B.J Williams,H Y Williams.R Y Wilson WoodJ Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 134, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1469. By: Representatives Snow of the 1st, Williams of the 48th, Davis of the 45th, Evans of the 84th, Childs of the 51st and Culpepper of the 98th: A BILL to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that no final judgment and decree of divorce shall be effective until all issues in the case have been adjudicated; and for other purposes. An amendment, offered by Representative Tuten of the 153rd, was read and with drawn. The following substitute, offered by Representative Birdsong of the 103rd, was read: A BILL To amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that no final judgment and decree of divorce shall be effective until all issues in the case have been adjudicated; to provide that no final judgment and decree of divorce shall be granted or entered when child custody or child support is in dis pute until the expiration of at least 180 days from the date the petition for divorce is filed; to provide for other matters relative thereto; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, is amended by adding between Code Sections 19-5-1 and 19-5-2 two new Code Sections 19-5-1.1 and 19-5-1.2 to read as follows: "19-5-1.1. No judgment or decree of divorce shall be effective until all issues in the case, including alimony, child support, property division, and child custody, have been adjudicated. The provisions of Code Section 9-11-40, relating to the time and place of trials in civil cases, and any other provision of Chapter 11 of Title 9, known as the 'Civil Practice Act,' shall be construed to be in conformity with the requirements of this Code section. 19-5-1.2. No final judgment and decree of divorce shall be granted or entered when child custody or child support is in dispute until the expiration of at least 180 days from the date the petition for divorce is filed. The provisions of Code Section 9-11-40, relating to the time and place of trials in civil cases, and any other provision of Chapter 11 of Title 9, known as the 'Civil Practice Act,' shall be construed to be in conformity with the requirements of this Code section." Section 2. This Act shall apply to any divorce action in which the petition for divorce was filed on or after the effective date of this Act but shall not apply to any divorce action initiated prior to the effective date of this Act. 2032 JOURNAL OF THE HOUSE, Section 3. This Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Walker of the 115th moves to amend the Birdsong substitute to HB 1469 as follows: By changing the figure "180" to "60" on line 2, page 2, and by adding after the word "filed.", on line 3 page 2 the following sentence: "The question as to whether or not child custody or child support is in dispute shall be determined solely in the discretion of the trial court judge." On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Aaron Y Adaras.G Y Adams.J N Adams.M Y Aiken Y Anderaon YArgo N Auten NBalkcom Bargeron YBaugh YBeal YBeck Y Benefield YBenn N Birdsong Y Bishop Y Bolster N Branch NBray N Brooks YBuck YBumiss N Burton NByrd YCason N Castleberry N Chamberlin Y Chambless Chance N Cheeks Y Childers Y Childs Y Clark,B YClarkJL Colbert Coleman Y CoUins Colwell Connell Y Couch NCoi Y Crawford Y Crosby Y Culpepper Y Cununings Y Darden Y Daugherty Y Davis,B NDavis,J N Davis.L YDean YDent Dizon NDobbs N Dover Y Edwards Elliott N Evans Y Felton Y Fortune Foster Y Fuller.C YGaler N Ginsberg Glover YGodbee Greer YHam Hamilton Hanner Y Harris Y Harrison Y Hasty N Hawkins Hays Hill Y Holmes Y Hooks Y Home Y Hutchinson NIrvin Y Isakson Y Jackson.J N Jackson.N Y Jackson.W Y Jesaup N Johnson.G Y Johnson,R Y Jones.B Y Jones,H YKarrh YKemp Y Kilgore Y Lambert YLane,D NLane.R Y Lawson YLee NLogan YLong NLord YLowe Lucas Y Mangum Mann Y Marcus N Martin Y Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery N Moody Y Moore N Mostiler Y MuUinax Nicholson YNix Y Oliver Padgett Y 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 Y Ralston Y Ramsey NRandall Y Reaves N Richardson Robinson YRose NRoss N Rowland Y Russell On the adoption of the amendment, the ayes were 107, nays 43. The amendment was adopted. Y Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore N Smith.T Smith.V YSmyre YSnow N Steinberg YSwann Y Thomas Y Thompson Townsend Y Triplett YTuten Twiggs N Vandiford N Vaughn Veazey Y Waddle Y Walker Y Wall N Ware Y Watson White N Widener N Williams.B.J Y Williams.H Y Williams.R Wilson Y Wood,J Y Wood,J.T N Workman Speaker Murphy The following amendment was read: Representative Davis of the 99th moves to amend the Birdsong substitute to HB 1469 by deleting lines 17 through 25, by renumbering "19-5-1.2" as "19-5-1.1", and by deleting all words on line 3 through "provide" on line 5 of the caption. On the adoption of the amendment, the roll call was ordered and the vote was as follows: THURSDAY, MARCH 11, 1982 2033 Y Aaron N Adams.G Y Adams^I N Adams.M N Aiken N Andersen NArgo NAuten Balkcom N Bargeron NBaugh YBeal NBeck N Benefield NBenn N Birdsong N Bishop Y Bolster N Branch NBray Y Brooks NBuck N Burruss N Burton Byrd YCason N Castleberry N Chamberlin N Chambless Chance N Cheeks N Childers N Childs N Clark,B Y Clark,L N Colbert Coleman N CoUins N Colwell Connell Y Couch NCox N Crawford N Crosby N Culpepper N Cummings Darden N Daugherty Y Davis.B N Davis.J N Davis.L NDean NDent Dixon N Dobbs N Dover N Edwards Elliott N Evans N Felton N Fortune Foster Y Fuller.C N Galer N Ginsberg Glover N Godbee N Greer NHam Hamilton N Hanner N Harris N Harrison N Hasty N Hawking NHays Hill N Holmes N Hooks N Home N Hutchinson N Irvin NIsakson N JacksonJ N JacksontN N Jackson.W N Jesaup N Johnson,G Johnson.R Y Jones,B N Jones,H NKarrh NKemp N Kilgore N Lambert N Lane.D NLane,R N Lawson NLee N Logan N Long NLord N Lowe Lucas Y Mangum Mann Y Marcus N Martin N Matthews N McCollum McDonald N McKinney N Miles N Milford Y Montgomery Y Moody Moore N Mostiler N Mullinax N Nicholson NNix N Oliver N Padgett N Farham N Patten N Perry N Peters Y Phillips.B N Phillips,L.L N Phillips,R.T N Phillips.W.R Y Pilewicz Pinkston N Rainey Y Ralston N Ramsey YRandall N Reaves N Richardson Robinson NRose NRoss N Rowland N Russell N Savage N Scott,A N Scott,D N Shepard N Sherrod N Sizemore N Smith.T Smith,V NSmyre N Snow Y Steinberg N Swann N Thomas N Thompson Townsend N Triplet! NTuten Twiggs N Vandiford N Vaughn Veazey N Waddle N Walker N Wall NWare Y Watson White N Widener N Williams,B.J Y Williams,H N Williams,R Wilson NWood,J N WoodJ.T N Workman Speaker Murphy On the adoption of the amendment, the ayes were 22, nays 132. The amendment was lost. On the adoption of the Birdsong substitute, as amended, the roll call was ordered and the vote was as follows: N Aaron N Adams.G N Adams.J Y Adams.M N Aiken Y Anderson NArgo NAuten Balkcom N Bargeron NBaugh NBeal YBeck N Benefield NBenn Y Birdsong N Bishop N Bolster N Branch NBray N Brooks NBuck N Burruss N Burton NByrd NCason Y Castleberry N Chamberlin N Chambless Chance N Cheeks N Childers N Childs N Clark,B Y Clark,L N Colbert Coleman Y Collins Colwell Connell N Couch NCoi N Crawford N Crosby N Culpepper N Cummings Darden N Daugherty N Davis,B N Davis,J N Davis,L YDean NDent Dixon N Dobbs N Dover N Edwards Elliott N Evans N Felton N Fortune Foster N Fuller.C N Galer N Ginsberg Glover N Godbee N Greer YHam Hamilton Y Hanner Y Harris N Harrison N Hasty N Hawkins NHays Hill N Holmes Y Hooks N Home N Hutchinson N Irvin N Isakson N Jackson,J N Jackson.N Y Jackson.W N Jessup Y Johnson.G N Johnson.R N Jones.B N Jones,H N Karrh YKemp N Kilgore N Lambert N Lane,D NLane,R N Lawson NLee N Logan NLong NLord NLowe Y Lucas N Mangum Mann N Marcus N Martin N Matthews Y McCollum McDonald N McKinney N Miles N Milford N Montgomery N Moody Moore N Mostiler N Mullinax N Nicholson NNix N Oliver N Padgett NParham N Patten N Perry N Peters N Phillips.B N PhillipsJL.L N Phillips,R.T N Phillips,W.R N Pilewicz Y Pinkston N Rainey N Ralston N Ramsey NRandall N Reaves N Richardson Robinson NRose NRoss Y Rowland N Russell N Savage N Scott,A N Scott,D N Shepard Y Sherrod N Sizemore N Smith.T Smith.V NSmyre NSnow N Steinberg 2034 JOURNAL OF THE HOUSE, NSwann N Thomas Y Thompson Townsend N Triplett NTuten Twiggs Y Vandiford N Vaughn Veazey Y Waddle Y Walker NWall N Ware Y Watson White N Widener N Williams,B.J N Williams,H N Williams.R Wilson N Wood,J N Wood,J.T N Workman Speaker Murphy On the adoption of the Birdsong substitute, as amended, the ayes were 25, nays 132. The substitute, as amended, was lost. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G N AdamM Y Adams.M Y Aiken Y Andersen YArgo YAuten Balkcom Y Bargeron YBaugh NBeal YBeck Y Benefield NBenn Y Birdsong N Bishop N Bolster Y Branch YBray N Brooks YBuck Burruss Y Burton YByrd YCason N Castleberry Y Chamberlin Y Chambless Y Chance N Cheeks Y Childers Y Childs Y Clark.B NClarkJY Colbert Coleman Y Collins N Colwell Connell N Couch YCox Y Crawford N Crosby Y Culpepper Y Cummings Darden Y Daugherty N Davis,B Y Davis,J Y Davis.L NDean YDent N Diion Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Foster N Fuller.C N Galer Y Ginsberg Glover YGodbee YGreer YHam Hamilton N Hanner Y Harris N Harrison N Hasty Hawkins YHays Hill N Holmes Y Hooks N Home N Hutchinson Ylrvin Y Isakson N Jackson,J Y Jackson,N Y Jackson.W Y Jessup Y Johnson.G Y Johnson.R N Jones.B N Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane,D Y Lane.R N Lawson YLee YLogan YLong YLord NLowe N Lucas N Mangum Mann N Marcus N Martin N Matthews Y McCollum N McDonald N McKinney Y Miles Y Milford N Montgomery Y Moody Y Moore Y Mostiler Y Mullinax N Nicholson NNix Y Oliver Y Padgett Y Parham Y Patten Y Perry N Peters N Phillips.B N Phillips,L.L N Phillips,R.T N Phillips.W.R N Pilewicz N Pinkston N Rainey N Ralston N Ramsey N Randall Y Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell Y Savage Y Scott.A N Scott.D Y Shepard Y Sherrod N Sizemore Y Smith.T Smith.V Y Smyre YSnow N Steinberg N Swann Y Thomas Y Thompson Townsend Y Triplett YTuten Twiggs Y Vandiford Y Vaughn N Veazey Y Waddle Y Walker NWall Y Ware N Watson White Y Widener Y Williams.B.J N Williams.H N Williams.R Wilson Y Wood,J N Wood,J.T N Workman Speaker Murphy On the passage of the Bill, the ayes were 100, nays 61. The Bill, having received the requisite constitutional majority, was passed. Representative Randall of the 101st gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1469. The Speaker assumed the Chair. HB 1783. By: Representatives Snow of the 1st, Karrh of the 106th, Tuten of the 153rd, Daugherty of the 33rd, Bray of the 70th and others: A BILL to amend Code Chapter 90-2, relating to reports of the Supreme Court and the Court of Appeals, so as to delete certain requirements that the state publisher of court reports publish or maintain certain prior volumes of the reports of the Supreme THURSDAY, MARCH 11, 1982 2035 Court of Georgia and reports of the Court of Appeals of Georgia; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following amendment was read and adopted: The Committee on Judiciary moves to amend HB 1783 by adding on line 22 of page 3 following "Title 50" the following: "of the Official Code of Georgia Annotated". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 102, nays 2. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1724. By: Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and Evans of the 84th: A BILL to amend Code Section 15-9-30 of the Official Code of Georgia Annotated, relating to jurisdiction of probate courts, so as to more fully enumerate the powers and duties of probate courts; and for other purposes. The following amendment was read and adopted: Representatives Davis of the 99th and Pinkston of the 100th move to amend HB 1724 by adding a new Paragraph C to Section 1 on page 3, as follows: "C. In addition to the jurisdiction granted in subsections (a) and (b) of this code sec tion the probate court shall at the election of the judge of same be allowed to hold crimi nal commitment hearings." The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1719. By: Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Karrh of the 106th: A BILL to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts for each judicial circuit, so as to accurately reflect the number of superior courts for the Cordele Judicial Circuit and the Rome Judicial Circuit; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 108, nays 0. The Bill, having received the requisite constitutional majority, was passed. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were again taken up for consideration: 2036 JOURNAL OF THE HOUSE, HB 1293. By: Representatives Snow of the 1st and Chambless of the 131st: A BILL to amend an Act fixing the salaries of judges of the superior courts, so as to change certain provisions relating to the compensation of secretaries for supe rior court judges; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following substitute, offered by Representative Snow of the 1st, was read and adopted: A BILL To amend an Act fixing the salaries of judges of the superior courts, approved March 7, 1957 (Ga. L. 1957, p. 273), as amended, particularly by an Act approved April 25, 1975 (Ga. L. 1975, p. 1506) and an Act approved March 23, 1977 (Ga. L. 1977, p. 668), so as to change certain provisions relating to the compensation of secretaries for superior court judges and district attorneys; to provide for other matters relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act fixing the salaries of judges of the superior courts, approved March 7, 1957 (Ga. L. 1957, p. 273), as amended, particularly by an Act approved April 25, 1975 (Ga. L. 1975, p. 1506) and an Act approved March 23, 1977 (Ga. L. 1977, p. 668), is amended by striking Section IB in its entirety and substituting in lieu thereof a new Section IB to read as follows: "Section IB. (a) Each superior court judge is authorized to employ a secretary. Each secretary so employed shall be an employee of the judicial branch of state govern ment and shall be in the unclassified service of the State Merit System of Personnel Administration. (b) Secretaries employed pursuant to this section shall serve at the pleasure of the superior court judge who employed them and shall perform such duties and assignments as shall be prescribed by the superior court judge. (c) The base annual salary of each secretary shall be $12,192.00. (1) Effective July 1, 1983, the maximum figure provided for such secretaries' sala ries which are to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Adminis tration. (2) The judge may, not more often than once a year and on not more than five occasions, grant to each secretary a merit increase of 5 percent of the secretary's salary during the previous year; but when a new secretary is appointed, the new secretary's beginning salary shall be the base salary plus any cost-of-living increases granted on and after July 1, 1983. (d) The compensation herein provided shall be paid in equal monthly installments from state funds appropriated or otherwise available for the operation of the superior courts. (e) In addition to the salary paid as herein prescribed, any employer's contribution required by the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as the same may now or hereafter be amended, or by any regula tions or requirements issued pursuant thereto, shall also be paid from funds appropri ated or otherwise made available for the operation of the superior courts." Section 2. Said Act is further amended by striking Section 1C in its entirety and substituting in lieu thereof a new Section 1C to read as follows: THURSDAY, MARCH 11, 1982 2037 "Section 1C. (a) Each district attorney is authorized to employ two legal secretaries. Each secretary so employed shall be an employee of the judicial branch of state govern ment and shall be in the unclassified service of the State Merit System of Personnel Administration. (b) Secretaries employed pursuant to this section shall serve at the pleasure of the district attorney who employed them and shall perform such duties and assignments as shall be prescribed by the district attorney. (c) The base annual salary of each secretary shall be $12,192.00. (1) Effective July 1, 1983, the figure provided for such secretaries' salaries which are to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration. (2) The district attorney may, not more often than once a year and on not more than five occasions, grant to each secretary a merit increase of 5 percent of the secretary's salary during the previous year; but when a new secretary is appointed the new secretary's beginning salary shall be the base salary plus any cost-of-living increases granted on and after July 1, 1983. (3) The salary of any secretary employed before July 1, 1982, shall not be reduced if it exceeds the base salary. Such a secretary shall receive the across-the-board increases specified in paragraph (1) but shall be eligible for merit increases under par agraph (2) only to the extent that they do not increase the secretary's salary above the maximum allowed to a secretary employed after July 1, 1982. (d) The compensation herein provided shall be paid in equal monthly installments from state funds appropriated or otherwise available for the operation of the superior courts. (e) In addition to the salary paid as herein prescribed, any employer's contribution required by the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as the same may now or hereafter be amended, or by any regula tions or requirements issued pursuant thereto, shall also be paid from funds appropri ated or otherwise made available for the operation of the superior courts." Part 2 Section 3. Title 15 of the Official Code of Georgia Annotated, relating to courts is amended by striking Code Section 15-6-25, which reads as follows: "15-6-25. (a) Each superior court judge is authorized to employ a secretary. (b) A secretary employed under this Code section shall possess such qualifications as shall be determined by the judge employing the secretary and shall serve at the pleasure of the judge. The secretary shall perform such duties and services as shall be prescribed by the judge. (c) Each secretary so employed shall be an employee of the judicial branch of state government and shall be in the unclassified service of the State Merit System of Person nel Administration: The secretary shall be compensated in an amount to be set by the superior court judge commensurate with industry salaries in the community for similar work. An amount not to exceed $8,400.00 per annum for the salary of the secretary as provided and fixed in this Code section shall be paid in equal monthly installments from state funds appropriated or otherwise made available for the operation of the superior courts. Effective July 1, 1978, the maximum figure provided for such secretaries' salaries which are to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration. In addi tion to the salary paid as prescribed in this Code section, any employer's contribution required by the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as amended, or by any regulations or requirements issued pursuant thereto, shall also be paid from funds appropriated or otherwise made available for the operation of the superior courts.", and inserting in its place a new Code section to read as follows: 2038 JOURNAL OF THE HOUSE, "15-6-25 (a) Each superior court judge is authorized to employ a secretary. Each secretary so employed shall be an employee of the judicial branch of state government and shall be in the unclassified service of the State Merit System of Personnel Adminis tration. (b) Secretaries employed pursuant to this Code section shall serve at the pleasure of the superior court judge who employed them and shall perform such duties and assign ments as shall be prescribed by the superior court judge. (c) The base annual salary of each secretary shall be $12,192.00. (1) Effective July 1, 1983, the maximum figure provided for such secretaries' sala ries which are to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Adminis tration. (2) The judge may, not more often than once a year and on not more than five occasions, grant to each secretary a merit increase of 5 percent of the secretary's salary during the previous year; but when a new secretary is appointed, the new secretary's beginning salary shall be the base salary plus any cost-of-living increases granted on and after July 1, 1983. (d) The compensation of each secretary shall be paid in equal monthly installments from state funds appropriated or otherwise available for the operation of the superior courts. (e) In addition to the salary paid to each secretary, any employer's contribution required by the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as the same may now or hereafter be amended, or by any regula tions or requirements issued pursuant thereto, shall also be paid from funds appropri ated or otherwise made available for the operation of the superior courts." Section 4. Said title is further amended by striking Code Section 15-18-17, which reads as follows: "15-18-17. (a) Each district attorney is authorized to employ two legal secretaries. (b) Secretaries employed pursuant to this Code section shall serve at the pleasure of the district attorney. The secretaries shall perform such duties and assignments as shall be prescribed by the district attorney. (c) Each secretary so employed shall be an employee of the judicial branch of the state government and shall be in the unclassified service of the State Merit System of Personnel Administration. The district attorney shall fix the annual salary of each secre tary at the rate of compensation established by the State Merit System of Personnel Administration for pay grades 16 through 22, but the compensation of any secretary employed on or before July 1, 1981, shall not be reduced. The district attorney shall be authorized, from time to time, to promote any such secretary to the next highest pay grade within the limits established by this subsection, such promotion to be based upon merit and performance. The compensation provided for in this subsection shall be paid in equal monthly installments from state funds appropriated or otherwise available for the operation of the superior courts. (d) In addition to the salary paid as prescribed in subsection (c) of this Code section, any employer's contribution required by the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as amended, or by any regulations or requirements issued pursuant thereto shall also be paid from funds appropriated or oth erwise made available for the operation of the superior courts.", and inserting in its place a new Code section to read as follows: "15-18-17 (a) Each district attorney is authorized to employ two legal secretaries. Each secretary so employed shall be an employee of the judicial branch of state govern ment and shall be in the unclassified service of the State Merit System of Personnel Administration. (b) Secretaries employed pursuant to this Code section shall serve at the pleasure of the district attorney who employed them and shall perform such duties and assignments as shall be prescribed by the district attorney. (c) The base annual salary of each secretary shall be $12,192.00. THURSDAY, MARCH 11, 1982 2039 (1) Effective July 1, 1983, the figure provided for such secretaries' salaries which are to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration. (2) The district attorney may, not more often than once a year and on not more than five occasions, grant to each secretary a merit increase of 5 percent of the secretary's salary during the previous year; but when a new secretary is appointed the new secretary's beginning salary shall be the base salary plus any cost-of-living increases granted on and after July 1, 1983. (3) The salary of any secretary employed before July 1, 1982, shall not be reduced if it exceeds the base salary. Such a secretary shall receive the across-the-board increases specified in paragraph (1) but shall be eligible for merit increases under par agraph (2) only to the extent that they do not increase the secretary's salary above the maximum allowed to a secretary employed after July 1, 1982. (d) The compensation of each secretary shall be paid in equal monthly installments from state funds appropriated or otherwise available for the operation of the superior courts. (e) In addition to the salary paid to each secretary, any employer's contribution required by the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as the same may now or hereafter be amended, or by any regula tions or requirements issued pursuant thereto, shall also be paid from funds appropri ated or otherwise made available for the operation of the superior courts." Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute. On the passage of the Bill, by substitute, the ayes were 99, nays 14. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1749. By: Representatives Scott of the 123rd, Dent of the 85th, Nicholson of the 88th, Hill of the 127th, Smyre of the 92nd and others: A BILL to amend Code Sec tion 5A-507, relating to the sale of alcoholic beverages on Sundays and election days, so as to change the population requirements relating to such sales in counties having a population of not less than 170,000 and not more than 195,000 according to the United States decennial census of 1970 or any future such census; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 99, nays 6. The Bill, having received the requisite constitutional majority, was passed. Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time: 2040 JOURNAL OF THE HOUSE, HB 1695. By: Representative Swann of the 90th: A BILL to amend an Act known as the "Georgia Public Assistance Act of 1965," so as to provide that the commissioner of the Department of Human Resources may delegate responsibility for estab lishing rules and regulations for certain public assistance programs to the direc tor of the Division of Family and Children Services; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act known as the "Georgia Public Assistance Act of 1965," approved March 30, 1965 (Ga. L. 1965, p. 385), as amended, so as to provide that the commissioner of the Department of Human Resources may delegate responsibility for the development and issuance of procedural manuals for certain public assistance programs to the director of the Division of Family and Children Services; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act known as the "Georgia Public Assistance Act of 1965," approved March 30, 1965 (Ga. L. 1965, p. 385), as amended, is amended by striking subsection (b) of Section 3 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) This Act shall be administered by the Department of Human Resources, includ ing the county departments of family and children services acting under the direction and supervision of the commissioner of the Department of Human Resources. In admin istering this Act the Department of Human Resources, including the county depart ments of family and children services acting under the direction and supervision of the State Department director of the Division of Family and Children Services shall: (1) Provide for maximum cooperation with other agencies, public and private, of this state, of other states, and of the federal government in rendering services to main tain and strenghten family life and to help applicants for public assistance and recipi ents to attain self-support or self-care; (2) Establish and enforce such rules and regulations as may be necessary or desir able to carry out the provisions of this Actj provided, however, that the commissioner of the Department of Human Resources may delegate to the director of the Division of Family and Children Services the responsibility for the development and issuance of procedural manuals; (3) Cooperate in all necessary respects with agencies of the United States govern ment in the administration of this Act, and accept any funds, goods, or services availa ble to the Department of Human Resources for public assistance and for other welfare programs and projects; (4) Enter into reciprocal and cooperative agreements with other agencies of the state which shall include agreements with the Georgia Department of Public Health, now Department of Human Resources, for medical participation in the health service aspects of planning, and medical supervision of the delivery, and the evaluation of health care services and with agencies of any other state relative to the providing of assistance or service to residents and nonresidents; and (5) Make reports at such times and in such forms as may be required by agencies of the United States government." Part 2 Section 2. Code Section 49-4-3 of the Official Code of Georgia Annotated, relating to the establishment of categories of public assistance and the administration of certain public assistance programs, is amended by striking subsection (b) of said Code section in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: THURSDAY, MARCH 11, 1982 2041 "(b) This article shall be administered by the Department of Human Resources, including the county departments of family and children services acting under the direc tion and supervision of the commissioner. In administering this article the department, including the county departments acting under the direction and supervision of the department director of the Division of Family and Children Services, shall: (1) Provide for maximum cooperation with other agencies, public and private, of this state, of other states, and of the federal government in rendering services to main tain and strenghten family life and to help applicants for public assistance and recipi ents to attain self-support or self-care; (2) Establish and enforce such rules and regulations as may be necessary or desir able to carry out this article; provided, however, that the commissioner of the Depart ment of Human Resources may delegate to the director of the Division of Family and Children Services the responsibility for the development and issuance of procedural manuals; (3) Cooperate in all necessary respects with agencies of the United States govern ment in the administration of this article, and accept any funds, goods, or services available to the department for public assistance and for other welfare programs and projects; (4) Enter into reciprocal and cooperative agreements with other agencies of this state and with agencies of any other state relative to the providing of assistance or service to residents and nonresidents; and (5) Make reports at such times and in such form as may be required by agencies of the United States government." Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 103, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1464. By: Representatives Mullinax of the 69th, Wood of the 72nd, Mostiler of the 71st, Aaron of the 56th, White of the 132nd and Ginsberg of the 122nd: A BILL to amend Code Title 114, relating to workers' compensation, so as to change the provisions relating to income benefits for total disability; to change the provi sions relating to income benefits for permanent partial disability; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Committee substitute was read: A BILL To amend Code Title 114, relating to workers' compensation, as amended, so as to change the provisions relating to income benefits for total disability; to change the provi sions relating to occupational diseases so as to include byssinosis; to change the definition of the term "occupational disease"; to define the term "byssinosis"; to amend the Official 2042 JOURNAL OF THE HOUSE, Code of Georgia Annotated accordingly; to provide effective dates; to provide for auto matic repeal of certain provisions of this Act; to repeal conflicting laws; and for other pur poses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Title 114, relating to workers' compensation, as amended, is amended by striking Code Section 114-404 in its entirety and inserting in lieu thereof a new Code Section 114-404 to read as follows: "114-404. Income benefits for total disability. While the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's weekly wage, but not more than $ltt $135 per week nor less than $25 per week, except that when the weekly wage is below $25 the employer shall pay a weekly benefit equal to the average weekly wage." Section 2. Said title is further amended by striking Code Section 114-801 in its entirety and inserting in lieu thereof a new Code Section 114-801 to read as follows: "114-801. General provisions.--Where the employer and employee are subject to the provisions of the workers' compensation law, the disablement or death of an employee resulting from an occupational disease as hereinafter listed and defined, shall be treated as the happening of an injury by accident, and the employee or, in the case of his death, his dependents, shall be entitled to compensation as provided by the workers' compensa tion law, except as hereinafter provided, and the practice and procedure prescribed in such law shall apply to all the proceedings under this Chapter except as hereinafter oth erwise provided: Provided, however, that in no case shall an employer be liable for com pensation under the provisions of this Chapter except for a disease specified in section 114-803, and unless such disease arose out of and in the course of employment and has resulted from the nature of the employment in which the employee was engaged under such employer and was actually contracted while engaged, meaning by 'nature of the employment' that to the occupation in which the employee was so engaged, there is attached the particular hazard of such disease that distinguishes it from the usual run of occupations and is in excess of the hazards of such disease attending employment in general, and unless disablement or death results within three years in the case of byssinosis, silicosis or asbestosis or within one year in the case of any other occupational disease after the last injurious exposure to the hazard of such disease in such employ ment, or, in case of death, unless death follows continuous disability from such disease commencing within the period above limited for which compensation has been paid or awarded or timely claim made as provided by the workers' compensation law, and results within seven years after such last exposure. Except, however, in cases of disabil ity or death caused by exposure to x-rays or radioactive substances as listed and defined under section 114-803-2, the time for the filing of such claims shall be within one year after the date upon which the employee first suffered disability from the exposure of x-ray and either knew or in the exercise of reasonable diligence should have known that the occupational disease was caused by his present or prior employment. Notwithstand ing any other provisions of law, in cases of disability or death resulting from byssinosis as defined in subsection (c) of Code Section 114-812, the time for filing claims shall be as provided by this Code Title; provided, however, that, with respect to cases of disabil ity diagnosed as byssinosis prior to July 1^ 1982, such claims shall be filed prior to July 1. 1983." Section 3. Said title is further amended by adding at the end of Code Section 114-803 the following: "6. byssinosis." Section 4. Said title is further amended by striking Code Section 114-812 in its entirety and inserting in lieu thereof a new Code Section 114-812 to read as follows: "114-812. Definition of 'silicosis/ and 'asbestosisr,' and 'byssinosis.'--(a) Whenever used in this Chapter, 'silicosis' shall mean a disease of the lungs caused by breathing THURSDAY, MARCH 11, 1982 2043 : silica dust (silicon dioxide) producing fibrous nodules, distributed through the lungs and I demonstrated by X-ray examination or by autopsy. I (b) Wherever used in this Chapter, 'asbestosis' shall mean a disease of the lungs, '; caused by breathing asbestos dust, characterized anatomically by generalized fibrotic changes in the lungs, demonstrated by X-ray examination or by autopsy. (c) Wherever used in this Chapter, 'byssinosis' shall mean a pulmonary disease due to exposure to cotton dust for a period of seven years or longer and diagnosed as such by a doctor certified as a pulmonary specialist by the American Board of Internal Medi cine." Part 2 Section 5. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking Code Section 34-9-261 in its entirety and inserting in lieu thereof a new Code Section 34-9-261 to read as follows: "34-9-261. While the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to twothirds of the employee's average weekly wage but not more than $116.00 $135.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage." Section 6. Said chapter is further amended by striking Code Section 34-9-280 in its entirety and inserting in lieu thereof a new Code Section 34-9-280 to read as follows: "34-9-280. As used in this article, the term: (1) 'Asbestosis' means a disease of the lungs which is caused by breathing asbestos J dust and which is characterized anatomically by generalized fibrotic changes in the : lungs as demonstrated by X-ray examination or by autopsy. * (2) 'Disablement' means the event of an employee becoming actually incapacitated because of occupational disease from performing his work in the last occupation in which he was injuriously exposed to the hazards of such disease or from performing any work in any other occupation for remuneration. Remuneration for work performed in any other occupation, as herein used, shall mean remuneration which equals or exceeds 33 Vi percent of the average weekly wages of the employee at the time of last injurious exposure, as determined under Code Section 34-9-260, or $20.00 per week, whichever is less. 'Disability' means the state of being so totally incapacitated. (3) 'Occupational disease' means those diseases listed in this paragraph, but only if any such listed disease is due to causes and conditions which are characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is exposed to such disease (excluding all ordinary diseases of life to which the general public is exposed): (A) Poisoning by: (i) Arsenic; (ii) Benzol (benzene); (iii) Cadmium; (iv) Carbon disulfide; (v) Carbon monoxide; (vi) Chlorine; (vii) Chromium; (viii) Cutting compounds; (ix) Halogenated hydrocarbons; (x) Hydrochloric acid; (xi) Hydrocyanic acid; (xii) Hydrofluoric acid; ;; (xiii) Hydrogen sulfide; : (xiv) Lead; ; (xv) Manganese; ; (xvi) Mercury; (xvii) Methanol (wood alcohol); 2044 JOURNAL OF THE HOUSE, (xviii) Nitric acid; (xix) Nitrous fumes (oxides of nitrogen); (xx) Sulfur dioxide; (xxi) Sulfuric acid; and (xxii) Zinc; (B) Diseased condition caused by exposure to X-rays or radioactive substances; (C) Asbestosis; (D) Silicosis; ad (E) Byssinosis; and iff) (F) Other occupational diseases, provided the employee or the employee's dependents first prove to the satisfaction of the State Board of Workers' Compensa tion (or the medical board, if the matter in controversy is referred to it under Code Section 34-9-311) all of the following: (i) A direct causal connection between the conditions under which the work is performed and the disease; (ii) That the disease followed as a natural incident of exposure by reason of the employment; (iii) That the disease is not of a character to which the employee may have had substantial exposure outside of the employment; (iv) That the disease is not an ordinary disease of life to which the general public is exposed; (v) That the disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural conse quence. For the purposes of this subparagraph, partial loss of hearing due to noise shall not be considered an occupational disease. (4) 'Silicosis' means a disease of the lungs which is caused by breathing silica dust (silicon dioxide) and which produces fibrous nodules distributed through the lungs as demonstrated by X-ray examination or by autopsy. (5) 'Byssinosis' means a pulmonary disease due to exposure to cotton dust for a period of seven years or longer and diagnosed as such by a doctor certified as a pul monary specialist b the American Board of Internal Medicine." Section 7. Said chapter is further amended by adding at the end of Code Section 34-9-281 a new subsection, to be designated subsection (d), to read as follows: "(d) In cases of disability or death resulting from byssinosis as defined in paragraph (5) of Code Section 34-9-280, the time for filing claims shall be as provided by this chap ter; provided, however, that, with respect to cases of disability diagnosed as byssinosis prior to July 1, 1982, such claims shall be filed prior to July 1, 1983." Part 3 Section 8. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 9. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representatives Widener of the 44th, Castleberry of the lllth, Colwell of the 4th, and McDonald of the 12th move to amend the Committee substitute to HB 1464 by striking from line 7 of page 1 the following: "accordingly", and inserting in lieu thereof the following: THURSDAY, MARCH 11, 1982 2045 "so as to provide therein for the same as is provided for above; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to establish rights and procedures pertaining to subrogation;". By adding after line 33 of page 7 the following: "Section 7.1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by adding at the end of Article 7, immediately following Code Section 34-9-266, a new Code section, to be designated Code Section 34-9-267, to read as follows: '34-9-267. Whenever any person is called upon to pay compensation, medical expenses, or funeral expenses on account of injury or death compensable under this chapter and such person contends that a person or persons other than the employer is liable to pay damages on account of such injury or death to the injured employee or those entitled to recover for the employee's death, such person called upon to make such payment may give to the persons contended to be so liable and to the injured employee or those entitled to recover on account of his death written notice of such contention and of the fact that the person giving notice is required to make such pay ment. Upon giving such written notice, the person called upon to make such payment shall be subrogated, to the extent of the compensation, medical expenses, or funeral expenses payable, to all rights arising out of the injury or death which the injured employee or those entitled to recover on account of his death shall have against such notified persons and shall have a lien therefor against the net recovery of any judg ment or settlement recovered by the injured employee or those entitled to recover on account of the employee's death against any of the persons so notified."' On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Aaron N Adama.G N Adams.J Y Adams.M N Aiken N Anderson YArgo Y Auten N Balkcom Y Bargeron N Baugh NBeai YBeck N Benefield NBenn N Birdsong Bishop N Bolster N Branch NBray N Brooks Buck N Burruss Burton YByrd Y Cason Y Castleberry Chamberlin Y Chambless N Chance N Cheeks N Childers N Childs N Clark.B Clark.L Y Colbert Y Coleman Y Collins Y Colwell N Connell N Couch YCox Y Crawford Y Crosby N Culpepper N Cummings Darden N Daugherty N Davis.B N Davis,J N Davis.L NDean YDent N Dixon Y Dobbs N Dover N Edwards Elliott N Evans N Felton N Fortune N Foster Y Fuller.C N Galer N Ginsberg Glover N Godbee Greer NHam Hamilton Y Manner Harris N Harrison N Hasty N Hawkins NHays Hill N Holmes Y Hooks N Home Hutchinson Y Irvin N Isakson Y Jackson.J N Jackson,N N Jackson.W N Jessup N Johnson,G N Johnson,R N Jones.B Jones.H N Karrh NKemp N Kilgore Y Lambert N Lane.D N Lane.R Y Lawson NLee Y Logan Long NLord Lowe N Lucas N Mangum N Mann N Marcus N Martin N Matthews Y McCollum Y McDonald N McKinney N Miles Y Milford Y Montgomery Y Moody N Moore N Mostiler N Mullinax N Nicholson NNix N Oliver N Padgett N Parham Patten N Perry N Peters N Phillips.B N Phillips.L.L N Phillips.R.T N Phillips,W.R N Pilewicz N Pinkston N Rainey N Ralston N Ramsey N Randall Y Reaves N Richardson N Robinson N Rose N Ross N Rowland Y Russell On the adoption of the amendment, the ayes were 40, nays 118. N Savage N Scott,A N Scott.D N Shepard N Sherrod N Sizemore Y Smith.T Smith.V N Smyre NSnow N Steinberg N Swann N Thomas N Thompson Y Townsend N Triplett N Tuten Twiggs N Vandiford N Vaughn Y Veazey N Waddle N Walker N Wall N Ware Y Watson White Y Widener N Williams.B.J Williams.H Y Williams.R N Wilson N Wood.J Y Wood.J.T N Workman Speaker Murphy 2046 JOURNAL OF THE HOUSE, The amendment was lost. The following amendment was read and adopted: Representative Nicholson of the 88th moves to amend the Committee substitute to HB 1464 as follows: On page 3, line 18, change "1982" to "1983";- On page 3, line 19, change "1983" to "1984". The following amendment was read: Representative Castleberry of the lllth moves to amend the Committee substitute to HB 1464 by adding on line 3 of page 1 after the semicolon the following: "to change certain provisions relative to the schedule of income benefits for perma nent partial disability;". By adding a new section between lines 24 and 25 of page 1 to read as follows: "Section IB. Said title is further amended by striking Code Section 114-406 in its entirety and inserting in lieu thereof a new Code Section 114-406 to read as follows: '114-406. Income benefits for permanent partial disability, (a) Definition. For pur poses of this Title, permanent partial disability is defined as disability partial in char acter but permanent in quality, resulting from loss or loss of use of body members or from the partial loss of use of the employee's body. (b) Payment of benefits. (1) In cases of permanent partial disability, the employer shall pay weekly income benefits to the employee according to the schedule included within this sec tion. These benefits shall be payable without regard to whether the employee has suffered economic loss as a result of the injury, except as herein provided. (2) Income benefits due under this section shall not become payable so long as the employee is entitled to benefits under the provisions of Code Sections 114-404 or 114-405. (3) If any employee is receiving benefits under this section and experiences a change in condition qualifying the employee for income benefits under the provi sions of Code Sections 114-404 or 114-405, any payments under this section shall cease until further change of employee's condition occurs. (c) Schedule of income benefits. Subject to the maximum and minimum limita tions on weekly income benefits specified in Code Section 114-404, the employer shall pay weekly income benefits equal to two-thirds of the employee's average weekly wage for the number of weeks determined by the percentage of bodily loss or loss of use times the maximum weeks as follows: Bodily Loss Maximum Weeks (1) Arm 225 (2) Leg 225 (3) Hand 160 (4) Foot 135 (5) Thumb 60 (6) Index finger 40 (7) Middle finger 35 THURSDAY, MARCH 11, 1982 2047 (8) Ring finger 30 (9) Little finger 25 (10) Great toe 30 (11) Any toe other than the great toe 20 (12) Loss of hearing, traumatic One ear 60 Both ears 150 (13) Loss of vision of one eye 125 (14) Disability te the bedy as (d) Phalanges: Loss of a distal phalange shall be considered to be equal to the loss of one-half of that digit. Loss of more than the distal phalange of a digit shall be con sidered a total loss of that digit. (e) Amputated arm or leg: Income benefits for an arm or leg, if amputated at or above the elbow or the knee, shall be the same as for the loss of the arm or leg, but if amputated between the elbow and the wrist, or the knee and the ankle, shall be seven-eights of the loss for an arm or leg, provided a prosthetic device can be affixed. if)--Disability te the bedy as a whelet For- the purpose ef- determining disability te the bedy as a whete under subsection (c)(14), supra, "disability" means either physical impairment ef actual wage teas as provided der Code Section 114-406, whichever is fCftrf7 iNo comDm&tioii Or pftymdits under su DscctioH ^cj^i4j dud OOQC occtioii H4-406 shaH exceed 360 week* fe) (f) Loss of more than one major member: Loss of both arms, hands, legs, or feet, or any two or more of these members, or the permanent total loss of vision of both eyes shall create a rebuttable presumption of permanent total disability compensable as provided in Code Section 114-404.'" By adding a new section between lines 24 and 25 of page 4 to read as follows: "Section 5B. Said chapter is further amended by striking Code Section 34-9-263 in its entirety and inserting in lieu thereof a new Code Section 34-9-263 to read as follows: '34-9-263. (a) As used in this chapter, "permanent partial disability" means dis ability partial in character but permanent in quality resulting from loss or loss of use of body members or from the partial loss of use of the employee's body. (b) (1) In cases of permanent partial disability, the employer shall pay weekly income benefits to the employee according to the schedule included within this Code section. These benefits shall be payable without regard to whether the employee has suffered economic loss as a result of the injury, except as herein pro vided. (2) Income benefits due under this Code section shall not become payable so long as the employee is entitled to benefits under Code Section 34-9-261 or 34-9-262. (3) If any employee is receiving benefits under this Code section and experiences a change in condition qualifying the employee for income benefits under Code Sec tion 34-9-261 or 34-9-262, any payments under this Code section shall cease until further change of the employee's condition occurs. (c) Subject to the maximum and minimum limitations on weekly income benefits specified in Code Section 34-9-261, the employer shall pay weekly income benefits equal to two-thirds of the employee's average weekly wage for the number of weeks determined by the percentage of bodily loss or loss of use times the maximum weeks as follows: 2048 JOURNAL OF THE HOUSE, Bodily Loss Maximum Weeks (1) Arm 225 (2) Leg 225 (3) Hand 160 (4) Foot 135 (5) Thumb 60 (6) Index finger 40 (7) Middle finger 35 (8) Ring finger 30 (9) Little finger 25 (10) Great toe 30 (11) Any toe other than the great toe 20 (12) Loss of hearing, traumatic One ear 60 Both ears 150 (13) Loss of vision of one eye 125 (14) Disability te the body a - OCA (d) Loss of distal phalange shall be considered to be equal to the loss of one-half of that digit. Loss of more than the distal phalange of a digit shall be considered a total loss of that digit. (e) Income benefits for an arm or leg, if amputated at or above the elbow or the knee, shall be the same as for the loss of the arm or leg, but if amputated between the elbow and the wrist, or the knee and the ankle, shall be seven-eighths of the loss for an arm or leg, provided a prosthetic device can be affixed. of suDscciion \c/ of tilts \JOQC section^ --disfiuiiity-- mcons citncr pnysicfli OF 3CIU91 WCLC 1039 ftS pPOVlGCu URQ.CF O0QC toCCT/lOU o4"l7~Ofij Wfl1Ctt6VCt is greater. Ne combination ef payments under paragraph (44) f subsection (e) of this Code section and Code Section 34-0-262 shall exceed 360 weeks. (f) (f) Loss of both arms, hands, legs, or feet, or any two or more of these mem bers, or the permanent total loss of vision of both eyes shall create a rebuttable pre sumption of permanent total disability compensable as provided in Code Section 34-9-261.'" On the adoption of the amendment, the roll call was ordered and the vote was as fol lows: N Aaron N Adams.G N Adams,J N Adams, M N Aiken N Anderson Y Argo Y Auten N Balkcom Y Bargeron N Baugh N Beal Y Beck N Benefield Benn N Birdsong Bishop Bolster N Branch N Bray N Brooks Y Buck N Burruss Burton Y Byrd Y Cason Y Castleberry Chamberlin Y Chambless Y Chance N Cheeks N Childers N Childs N Clark.B Clark.L Y Colbert Coleman Y Collins Y Colwell N Connell Y Couch Y Cox N Crawford Y Crosby N Culpepper N Cummings Darden N Daugherty N Davis.B Y Davis,J N Davis.L N Dean Y Dent N Dixon N Dobbs Y Dover N Edwards Elliott Y Evans Y Felton N Fortune Y Foster N Fuller.C N Galer N Ginsberg Glover N Godbee Greer N Ham Hamilton Y Manner N Harris N Harrison N Hasty N Hawkins Y Hays Hill N Holmes Y Hooks N Home Hutchinson Y Irvin Y Isakson Y Jackson,J N Jackson.N Y Jackson.W Y Jessup N Johnson.G N Johnson.R N Jones.B Jones.H Y Karrh N Kemp Y Kilgore Y Lambert N Lane.D N Lane.R N Lawson N Lee Y Logan THURSDAY, MARCH 11, 1982 2049 Long YLord Lowe N Lucas N Mangum NMann Y Marcus N Martin N Matthews Y McCollum Y McDonald N McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore N Mostiler N Mullinax N Nicholson NNix N Oliver N Padgett N Parham Patten Y Perry N Peters N Phillips,B N Phillips,L.L N Phillips,R.T N Phillips,W.R Y Pilewicz Y Pinkston N Rainey N Ralston N Ramsey N Randall Y Reaves N Richardson Y Robinson NRose YRoss N Rowland N Russell N Savage Scott,A N Scott,D N Shepard N Sherrod N Sizemore Y Smith.T Smith,V N Smyre Y Snow N Steinberg N Swann N Thomas N Thompson Y Townsend Y Triplett NTuten Twiggs N Vandiford N Vaughn Y Veazey N Waddle N Walker N Wall Y Ware Y Watson White Y Widener Y Williams,B.J Williams,H Y Williams.R N Wilson N Wood,J Y Wood,J.T N Workman Speaker Murphy On the adoption of the amendment, the ayes were 60, nays 96. The amendment was lost. The following amendment was read: Representative Williams of the 6th moves to amend the Committee substitute to HB 1464 by adding on line 2 of page 1 after the words "so as to" the following: "define the term 'accident'; to require the use of the American Medical Association Guide to the evaluation of permanent impairment; to". And by adding between lines 12 and 13 of page 1 a new section to read as follows: "Section 1A. Code Title 114, relating to workers' compensation, as amended, is amended by striking Code Section 114-102 in its entirety and inserting in lieu thereof a new Code Section 114-102 to read as follows: '114-102. "Injury," and "personal injury" and accident defined; evaluation of per manent impairment, (a) "Injury" and "personal injury" shall mean only injury by accident arising out of and in the course of the employment and shall not, except as hereinafter provided, include a disease in any form except where it results naturally and unavoidably from the accident, nor shall "injury" and "personal injury" include injury caused by the wilful act of a third person directed against an employee for rea sons personal to such employee, nor shall "injury" and "personal injury" include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, or thrombosis, unless it is shown by preponderance of competent and creditable evidence that it was attributable to the performance of the usual work of employment. Alcohol ism or disabilities attributable thereto shall not be deemed to be "injury" or "personal injury" by accident arising out of and in the course of the employment. Drug addic tion or disabilities resulting therefrom shall not be deemed to be "injury" or "personal injury" by accident arising out of and in the course of employment except when such addiction was caused by the use of drugs or medicines prescribed for the treatment of the initial injury by an authorized physician. (b) "Accident" means only an unexpected or unusual event or result happening (c) In all cases arising under the "Georgia Workers' Compensation Act," any per centage of disability or bodily loss ratings shall be based upon "Guides to the Evalua tion of Permanent Impairment" published by the American Medical Association, copyright 1971, or any subsequent revision thereof.'" And by adding between lines 11 and 12 of page 4 a new section to read as follows: "Section 5A. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by adding at the end of Code Section 34-9-1 the following: 2050 JOURNAL OF THE HOUSE, '(5) "Accident" means only an unexpected or unusual event or result happening suddenly. (6) In all cases arising under Chapter 9 of Title 34, any percentage of disability or bodily loss ratings shall be based upon "Guides to the Evaluation of Permanent Impairment" published by the American Medical Association, copyright 1971, or any subsequent revision thereof.'" On the adoption of the amendment, the roll call was ordered and the vote was as fol- lows: N Aaron NAdams.G NAdamsJ Y AdamB,M Y Aiken N Anderaon YArgo YAuten NBalkcom YBargeron NBaugh NBeal YBeck N Benefield YBenn N Birdsong Bishop N Bolster N Branch NBray N Brooks YBuck YBumiH Burton YByrd YCason Y Caitleberry Chamberlin Y Chamblew Y Chance YCheeki N Childers Y Childs N Claik,B Clrk,L Y Colbert N Coleman Y Collins Y ColweU NConnell Y Couch YCra Y Crawford YCroby Y Culpepper N Cummings Darden N Daugherty N Davis,B NDavU,J NDavisJNDesn YDent NDixon YDobbB Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C NGaler N Ginsberg Glover NGodbee Gracr NHam Hamilton Y Manner N Harris Y Harrison N Hasty N Hawkins Hays Hill N Holmes Y Hooks NHorne Hutchinson Ylrvin Ybakson Y Jackson,J Y Jackson.N N Jackson,W N Jessup N Johnson.G Y Johnson.R N Jones.B Jones,H YKarrh NKemp Y Kilgore Y Lambert NLaJie.D NLane.R N Lawson NLee YLogan Long YLord Lowe N Lucas N Mangum YMann Y Marcus N Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles YMUford Y Montgomery Y Moody Y Moore Y Mostiier YMullinai N Nicholson YNii Y Oliver Y Padgett YParham Patten Y Perry Y Peters N PhillipsJB N Phillips,L.L N Phfflip8,R.T N Phillips,W.R N Pilewicz Y Pinkston YRainey N Ralston YRamsey NRandall Y Reaves N Richardson Y Robinson YRose YRoss N Rowland Y Russell Y Savage NScot^A N Scott.D YShepard NSherrod Y Sizemore Y Smith.T Smith.V NSmyre NSnow N Steinberg NSwann N Thomas N Thompson Y Townsend N Triplett NTuten Twiggs N Vandiford NVaughn Y Veazey Y Waddle N Walker NWall Y Ware Y Watson White Y Widener Y Williams.BJ Williams.H Y Williams.R N Wilson NWood^I Y WoodJ.T N Workman Speaker Murphy On the adoption of the amendment, the ayes were 85, nays 73. The amendment was adopted. The following substitute, offered by Representative Auten^of the 154th, was read: A BILL To amend Article 7 of Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation payments for disability, so as to change the amounts payable for permanent and temporary total and partial disability or impairment; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section I. Article 7 of Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation payments for disability, is amended by striking Code Sections 34-9-261 through 34-9-263 which read as follows: THURSDAY, MARCH 11, 1982 2051 "34-9-261. While the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two- thirds of the employee's average weekly wage but not more than $115.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage. 34-9-262. Except as otherwise provided in Code Section 34-9-263, where the disabil ity to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $80.00 per week for a period not exceeding 350 weeks from the date of injury. 34-9-263. (a) As used in this chapter, 'permanent partial disability' means disability partial in character but permanent in quality resulting from loss or loss of use of body members or from the partial loss of use of the employee's body. (b) (1) In cases of permanent partial disability, the employer shall pay weekly income benefits to the employee according to the schedule included within this Code section. These benefits shall be payable without regard to whether the employee has suffered economic loss as a result of the injury, except as herein provided. (2) Income benefits due under this Code section shall not become payable so long as the employee is entitled to benefits under Code Section 34-9-261 or 34-9-262. (3) If any employee is receiving benefits under this Code section and experiences a change in condition qualifying the employee for income benefits under Code Section 34-9-261 or 34-9-262, any payments under this Code section shall cease until further change of the employee's condition occurs. (c) Subject to the maximum and minimum limitations on weekly income benefits specified in Code Section 34-9-261, the employer shall pay weekly income benefits equal to two-thirds of the employee's average weekly wage for the number of weeks deter mined by the percentage of bodily loss or loss of use times the maximum weeks as fol lows: Bodily Maximum Loss Weeks (1) Arm ..................................................................................................................................225 (2) Leg ...................................................................................................................................225 (3) Hand ................................................................................................................................160 (4) Foot ..................................................................................................................................135 (5) Thumb ...............................................................................................................................60 (6) Index finger ......................................................................................................................40 (7) Middle finger ....................................................................................................................35 (8) Ring finger ........................................................................................................................30 (9) Little finger ......................................................................................................................25 (10) Great toe .........................................................................................................................30 (11) Any toe other than the great toe ......................................................................................................................................20 (12) Loss of hearing, traumatic One ear ........................................................................................................................................60 Both ears ...................................................................................................................................150 (13) Loss of vision of one eye ............................................................................................125 (14) Disability to the body as a whole ......................................................................................................................................350 (d) Loss of distal phalange shall be considered to be equal to the loss of one-half of that digit. Loss of more than the distal phalange of a digit shall be considered a total loss of that digit. (e) Income benefits for an arm or leg, if amputated at or above the elbow or the knee, shall be the same as for the loss of the arm or leg, but if amputated between the 2052 JOURNAL OF THE HOUSE, elbow and the wrist, or the knee and the ankle, shall be seven-eighths of the loss for an arm or leg, provided a prosthetic device can be affixed. (f) For the purpose of determining disability to the body as a whole under paragraph (14) of subsection (c) of this Code section, 'disability' means either physical impairment or actual wage loss as provided under Code Section 34-9-262, whichever is greater. No combination of payments under paragraph (14) of subsection (c) of this Code section and Code Section 34-9-262 shall exceed 350 weeks. (g) Loss of both arms, hands, legs, or feet, or any two or more of these members, or the permanent total loss of vision of both eyes shall create a rebuttable presumption of permanent total disability compensable as provided in Code Section 34-9-261.", and inserting new Code Sections 34-9-261, 34-9-261.1, 34-9-262, and 34-9-263 to read as follows: "34-9-261. (a) While the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to twothirds of the employee's average weekly wage but not more than $160.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage. (b) Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two thereof or paraplegia or quadriplegia shall, in the absence of conclusive proof of a substantial earning capacity, constitute permanent total disability. In all other cases permanent total disability shall be determined in accordance with the facts. In such other cases, no compensation shall be payable under paragraph (a) if the employee is engaged in, or is physically capable of engaging in, gainful employment; and the burden shall be upon the employee to establish that he is not able uninterruptedly to do even light work due to physical limitation. (c) If an employee who is being paid compensation for permanent total disability shall become rehabilitated to the extent that he shall establish an earning capacity, he shall be paid, instead of the compensation provided in paragraph (a), wage-loss benefits pursuant to Code Section 34-9-263. The board shall adopt rules to enable a permanently and totally disabled employee who may have reestablished an earning capacity to under take a trial period of reemployment without prejudicing his return to permanent total status in the case that such employee is unable to sustain an earning capacity. 34-9-261.1. (a) In case of disability total in character but temporary in quality, 66 % percent of the average weekly wages shall be paid to the employee during the con tinuance thereof, not to exceed 350 weeks. (b) Notwithstanding the provisions of paragraph (a), an employee who has sustained the loss of an arm, leg, hand, or foot, or total loss of use of such member because of organic damage to the nervous system, or has lost the sight of both eyes shall be paid temporary total disability of 80 percent of his average weekly wage until such employee has completed his training in the use of artificial members or appliances as necessary and completed training or education under a rehabilitative program pursuant to Code Section 34-9-200, if provided. In no event should the increased temporary total disability compensation provided for in this paragraph extend beyond six months from the date of injury. The compensation provided by this paragraph is subject to a maximum weekly compensation rate of $400.00. If, at the conclusion of this period of increased temporary total disability compensation, the employee is still temporarily totally disabled, the employee shall continue to receive temporary total disability compensation as set forth in paragraph (a). The period of time the employee has received this increased compensa tion will be counted as part of, and not in addition to, the maximum periods of time for which the employee is entitled to compensation under paragraph (a). 34-9-262. (a) In case of temporary partial disability, benefits shall be based on actual wage loss and shall not be subject to the minimum compensation rate set forth in Code Section 34-9-261. The compensation shall be equal to 95 percent of the differ ence between 85 percent of the employee's average weekly wage and the salary, wages, and other remuneration the employee is able to earn, as compared on a weekly basis; however, the weekly wage-loss benefits shall not exceed an amount equal to 66 % per cent of the employee's average weekly wage at the time of injury. In order to simplify THURSDAY, MARCH 11, 1982 2053 the comparison of the preinjury average weekly wage with the salary, wages, and other remuneration the employee is able to earn, the board may by rule provide for the modi fication of the weekly comparison so as to coincide as closely as possible with the injured worker's pay periods. (b) The amount determined to be the salary, wages, and other remuneration the employee is able to earn shall in no case be less than the sum actually being earned by the employee, including earnings from sheltered employment. In the event the employee voluntarily limits his income or fails to accept employment commensurate with his abili ties, the salary, wages, and other remuneration the employee is able to earn shall be deemed to be the amount which would have been earned if the employee did not limit his income or accepted appropriate employment. Whenever a wage-loss benefit as set forth in subsection (a) may be payable, the burden shall be on the employee to establish that any wage loss claimed is the result of the compensable injury. (c) Such benefits, shall be paid during the continuance of such disability, not to exceed a period of five years. 34-9-263. (a) Benefits for permanent impairment shall be determined as provided in this subsection. (1) In case of permanent impairment due to amputation, loss of 80 percent or more of vision after correction, or serious facial or head disfigurement resulting from an injury other than an injury entitling the injured worker to permanent total disabil ity benefits, there shall be paid to the injured worker the following: (A) Fifty dollars for each percent of permanent impairment of the body as a whole from 1 percent through 50 percent; and (B) One hundred dollars for each percent of permanent impairment of the body as a whole for that portion in excess of 50 percent. (2) Once the employee has reached the date of maximum medical improvement, impairment benefits are due and payable within 20 days after the carrier has knowl edge of the impairment. (3) In order to reduce litigation and establish more certainty and uniformity in the rating of permanent impairment, the board shall establish and use a schedule for determining the existence and degree of permanent impairment based upon medically or scientifically demonstrable findings. The schedule shall be based on generally accepted medical standards for determining impairment and may incorporate all or part of any one or more generally accepted schedules used for such purpose, such as the American Medical Association's Guides to the Evaluation of Permanent Impairment. On January 1, 1983, and pending the adoption, by rule, of a perma nent schedule, Guides to the Evaluation of Permanent Impairment, copyright 1977, 1971, by the American Medical Association, shall be the temporary sched ule and shall be used for the purposes hereof. (b) (1) Each injured worker who suffers any permanent impairment, which perma nent impairment is determined pursuant to the schedule adopted in accordance with paragraph (3) of subsection (a), may be entitled to wage-loss benefits under this sub section. Such benefits shall be based on actual wage loss and shall not be subject to the minimum compensation rate set forth in subsection (a) of Code Section 34-9-261. Subject to the maximum compensation rate as set forth in subsection (a) of Code Sec tion 34-9-261, such wage-loss benefits shall be equal to 95 percent of the difference between 85 percent of the employee's average monthly wage and the salary, wages, and other remuneration the employee is able to earn after reaching maximum medical improvement, as compared on a monthly basis; however, the monthly wage-loss bene fits shall not exceed an amount equal to 66 % percent of the employee's average monthly wage at the time of injury. In order to simplify the comparison of the preinjury average monthly wage with the salary, wages, and other remuneration the employee is able to earn after reaching maximum medical improvement, the board may by rule provide for the modification of the monthly comparison so as to coincide as closely as possible with the injured worker's pay periods. (2) The amount determined to be the salary, wages, and other remunerations the employee is able to earn after reaching the date of maximum medical improvement 2054 JOURNAL OF THE HOUSE, shall in no case be less than the sum actually being earned by the employee. In the event the employee voluntarily limits his income or fails to accept employment com mensurate with his abilities, the salary, wages, and other remuneration the employee is able to earn after the date of maximum medical improvement shall be deemed to be the amount which would have been earned if the employee did not limit his income or accepted appropriate employment. Whenever a wage-loss benefit as set forth in paragraph (1) may be payable, the burden shall be on the employee to establish that any wage loss claimed is the result of the compensable injury. (3) The right to wage-loss benefits shall terminate: (A) As of the end of any two-year period commencing at any time subsequent to the month when the injured employee reaches the date of maximum medical improvement, unless during such two-year period wage-loss benefits shall have been payable during at least three consecutive months; (B) Five hundred twenty-five weeks after the employee reaches maximum medi cal improvement; or (C) When the injured employee reaches age 65 and becomes eligible for benefits under 42 U.S.C., Sections 402 and 405. (4) When the injured employee reaches age 62, wage-loss benefits shall be reduced by the total amount of social security retirement benefits which the employee is receiving, not to exceed 50 percent of the employee's wage-loss benefits. (5) Beginning with the twenty-fifth month after maximum medical improvement and for the purpose of determining wage-loss benefits, the total wages, salary, and other remuneration for the month in consideration shall be discounted by a factor of 5 percent and compounded annually at 5 percent thereafter. However, with respect to any year in which the annual rate of inflation, calculated by using the National Con sumer Price Index published by the United States Department of Labor, is less than the applicable discount factor, such rate shall be substituted for such discount factor for that year. (6) The division shall keep such records and conduct such investigations as are necessary to determine the feasiblity of providing additional protection from inflation for workers entitled to wage-loss benefits and shall report its findings to the General Assembly not later than March 1, 1983." Section 2. This Act shall become effective January 1, 1983. Section 3. All laws and parts of laws in conflict with this Act are repealed. The following amendments were read and adopted: Representative Auten of the 154th moves to amend the Auten substitute by adding a new Section 2 to read as follows: "Section 2. Benefits paid must equal 66 % of premiums paid." By renumbering present Section 2 and Section 3, accordingly. Representative Auten of the 154th moves to amend the Auten substitute as follows: Delete Section 2. Add new Section 2: "This Act shall become effective April 1, 1983." The following substitute, offered by Representative Mostiler of the 71st, was read: A BILL To amend Code Title 114, relating to workers' compensation, as amended, so as to provide that the basic rates for policies or contracts of insurance against liability for work ers' compensation shall be maintained at a certain level; to provide for procedures relative THURSDAY, MARCH 11, 1982 2055 to the foregoing; to provide for hearings and appeals; to change certain provisions relative to the payment of workers' compensation benefits for total disability; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 section 1. Code Title 114, relating to workers' compensation, as amended, is amended by striking Code Section 114-404 in its entirety and inserting in lieu thereof a new Cdtie Section 114-404 to read as follows: "114-404. Income benefits for total disability. While the disability to work resulting .from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $116.00 pet week an amount equal to 60 percent of the state's average weekly wage for the immediately preceding calendar year, as published by the Georgia Department of Labor, nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage." Section 2. Said Code Title 114 is further amended by adding a new Code section between Code Sections 114-609 and 114-610, as amended, to be designated Code Section 114-609.1, to read as follows: "114-609.1. (a) Notwithstanding any other provision of law, all insurers issuing policies or contracts of insurance against the liability for compensation under this chapter shall comply with the following provisions. Each insurer's basic rate for policies or contracts of insurance against the liability for compensation under this chapter shall not exceed the insurer's effective rate approved by and on file with the Insurance Commis sioner as of July 1,1982. These rates shall remain in effect until July 1, 1983. (b) There shall be no exception to the requirements of subsection (a) of this Code section unless the Insurance Commissioner finds, after a hearing upon the written request of an insurer, that the use of the rates required under subsection (a) of this Code section by the insurer will result in rates which are inadequate to the extent that: (1) Such rates do not properly reflect the insurer's loss experience in this state to the extent that its earned premiums would not equal its incurred losses or expenses; or (2) Such rates jeopardize the solvency of the insurer required to use such rates. (c) The insurer shall have the burden of showing that the use of the rate required under subsection (a) of this Code section will result in rates which are inadequate to the extent that they do not properly reflect the insurer's loss experience in this state or that their use would jeopardize its solvency. No insurer shall be relieved of using the required rates if its most recently available experience on such lines of business shows a net underwriting gain unless, on the basis of statistical data, pertinent judgment, and trend factors, no other reasonable conclusion would be appropriate. (d) Upon conclusion of any hearing held pursuant to this chapter, the Insurance Commissioner shall enter his order specifying the rates required to be used by the insurer. The Commissioner shall indicate in his order all the factors entering into a deci sion relieving an insurer from full compliance with this Code section. The provisions of Code Chapter 56-2 shall apply to hearings held under this Code section. (e) Any insurer appealing from a final order of the Insurance Commissioner may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the Commissioner are made to secure the repayment to the . insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Code section. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of 12 percent per annum." Part 2 2056 JOURNAL OF THE HOUSE, Section 3. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by adding a new Code section between Code Sec tions 34-9-130 and 34-9-131, to be designated Code Section 34-9-130.1, to read as follows: "34-9-130.1 (a) Notwithstanding any other provision of law, all insurers issuing poli cies or contracts of insurance against the liability for compensation under this chapter shall comply with the following provisions. Each insurer's basic rate for policies or con tracts of insurance against the liability for compensation under this chapter shall not exceed the insurer's effective rate approved by and on file with the Insurance Commis sioner as of July 1, 1982. These rates shall remain in effect until July 1, 1983. (b) There shall be no exception to the requirements of subsection (a) of this Code section unless the Insurance Commissioner finds, after a hearing upon the written request of an insurer, that the use of the rates required under subsection (a) of this Code section by the insurer will result in rates which are inadequate to the extent that: (1) Such rates do not properly reflect the insurer's loss experience in this state to the extent that its earned premiums would not equal its incurred losses or expenses; or (2) Such rates jeopardize the solvency of the insurer required to use such rates. (c) The insurer shall have the burden of showing that the use of the rate required under subsection (a) of this Code section will result in rates which are inadequate to the extent that they do not properly reflect the insurer's loss experience in this state or that their use would jeopardize its solvency. No insurer shall be relieved of using the required rates if its most recently available experience on such lines of business shows a net underwriting gain unless, on the basis of statistical data, pertinent judgment, and trend factors, no other reasonable conclusion would be appropriate. (d) Upon conclusion of any hearing held pursuant to this chapter, the Insurance Commissioner shall enter his order specifying the rates required to be used by the insurer. The Commissioner shall indicate in his order all the factors entering into a deci sion relieving an insurer from full compliance with this Code section. The provisions of Chapter 33-2 shall apply to hearings held under this Code section. (e) Any insurer appealing from a final order of the Insurance Commissioner may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the Commissioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Code section. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of 12 percent per annum." Section 4. Said Chapter 34-9 is further amended by striking Code Section 34-9-261 in its entirety and inserting in lieu thereof a new Code Section 34-9-261 to read as follows: "34-9-261. While the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to twothirds of the employee's average weekly wage but not more than $116.00 pef week- an amount equal to 60 percent of the state's average weekly wage for the immediately pre ceding calendar year, as published by the Georgia Department of Labor, nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage." Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: THURSDAY, MARCH 11, 1982 2057 Representatives Galer of the 97th and Martin of the 60th move to amend the Mostiler substitute to HB 1464 by adding in the title on line 8 of page 1, immediately preceding the words "to amend", the following: "to change the provisions relating to occupational diseases so as to include byssinosis; to change the definition of the term 'occupational disease'; to define the term 'byssinosis';". By adding in Part 1, between lines 25 and 26 on page 3, three new sections, to be designated Sections 2A, 2B, and 2C, to read as follows: "Section 2A. Said title is further amended by striking Code Section 114-801 in its entirety and inserting in lieu thereof a new Code Section 114-801 to read as follows: '114-801. General provisions.--Where the employer and employee are subject to the provisions of the workers' compensation law, the disablement or death of an employee resulting from an occupational disease as hereinafter listed and defined, shall be treated as the happening of an injury by accident, and the employee or, in the case of his death, his dependents, shall be entitled to compensation as provided by the workers' compensation law, except as hereinafter provided, and the practice and pro cedure prescribed in such law shall apply to all the proceedings under this Chapter except as hereinafter otherwise provided: Provided, however, that in no case shall an employer be liable for compensation under the provisions of this Chapter except for a disease specified in section 114-803, and unless such disease arose out of and in the course of employment and has resulted from the nature of the employment in which the employee was engaged under such employer and was actually contracted while engaged, meaning by "nature of the employment" that to the occupation in which the employee was so engaged, there is attached the particular hazard of such disease that distinguishes it from the usual run of occupations and is in excess of the hazards of such disease attending employment in general, and unless disablement or death results within three years in the case of byssinosis, silicosis or asbestosis or within one year in the case of any other occupational disease after the last injurious exposure to the hazard of such disease in such employment, or, in case of death, unless death follows continuous disability from such disease commencing within the period above limited for which compensation has been paid or awarded or timely claim made as provided by the workers' compensation law, and results within seven years after such last expo sure. Except, however, in cases of disability or death caused by exposure to x-rays or radioactive substances as listed and defined under section 114-803-2, the time for the filing of such claims shall be within one year after the date upon which the employee first suffered disability from the exposure of x-ray and either knew or in the exercise of reasonable diligence should have known that the occupational disease was caused by his present or prior employment. Notwithstanding any other provisions of law, in cases of disability or death resulting from byssinosis as defined in subsection (c) of Code Section 114-812, the time for filing claims shall be as provided by this Code Title; provided, however, that, with respect to cases of disability diagnosed as byssinosis prior to July 1^ 1983, such claims shall be filed prior to July lj 1984.' Section 2B. Said title is further amended by adding at the end of Code Section 114-803 the following: '6. byssinosis.' Section 2C. Said title is further amended by striking Code Section 114-812 in its entirety and inserting in lieu thereof a new Code Section 114-812 to read as follows: '114-812. Definition of "silicosis2" ad "asbestosis;/' and "byssinosis."--(a) When ever used in this Chapter, "silicosis" shall mean a disease of the lungs caused by breathing silica dust (silicon dioxide) producing fibrous nodules, distributed through the lungs and demonstrated by X-ray examination or by autopsy. 2058 JOURNAL OF THE HOUSE, (b) Wherever used in this Chapter, "asbestosis" shall mean a disease of the lungs, caused by breathing asbestos dust, characterized anatomically by generalized fibrotic changes in the lungs, demonstrated by X-ray examination or by autopsy. (c) Wherever used in this Chapter, "byssinosis" shall mean a pulmonary disease due to exposure to cotton dust for a period of seven years or longer and diagnosed as such by a doctor certified as a pulmonary specialist by the American Board of Internal Medicine.'" By adding at the end of Part 2, immediately below line 34 on page 5, two new sec tions, to be designated Sections 4A and 4B, to read as follows: "Section 4A. Said chapter is further amended by striking Code Section 34-9-280 in its entirety and inserting in lieu thereof a new Code Section 34-9-280 to read as follows: '34-9-280. As used in this article, the term: (1) "Asbestosis" means a disease of the lungs which is caused by breathing asbestos dust and which is characterized anatomically by generalized fibrotic changes in the lungs as demonstrated by X-ray examination or by autopsy. (2) "Disablement" means the event of an employee becoming actually incapaci tated because of occupational disease from performing his work in the last occupa tion in which he was injuriously exposed to the hazards of such disease or from performing any work in any other occupation for remuneration. Remuneration for wont pewormcct m wiy otficr occupfltion fts Herein uscu, sn&ii menu FCHIuncttttion which equals or exceeds 33 Vt percent ef the average weekly wages of the employee at the time of test injurious exposure, as determined under Code Section 34-0-260, WP jp^U'UU per wccKj wicuever ts less. --u1S&Di1iiyTM meAH9 wic SIAIC ot DCIH 90 tetaHy incapacitated? (3) "Occupational disease" means those diseases listed in this paragraph, but only if any such listed disease is due to causes and conditions which are characteris tic of and peculiar to the particular trade, occupation, process, or employment in which the employee is exposed to such disease (excluding all ordinary diseases of life to which the general public is exposed): (A) Poisoning by: (i) Arsenic; (ii) Benzol (benzene); (iii) Cadmium; (iv) Carbon disulfide; (v) Carbon monoxide; (vi) Chlorine; (vii) Chromium; (viii) Cutting compounds; (ix) Halogenated hydrocarbons; (x) Hydrochloric acid; (xi) Hydrocyanic acid; (xii) Hydrofluoric acid; (xiii) Hydrogen sulfide; (xiv) Lead; (xv) Manganese; (xvi) Mercury; (xvii) Methanol (wood alcohol); (xviii) Nitric acid; (xix) Nitrous fumes (oxides of nitrogen); (xx) Sulfur dioxide; (xxi) Sulfuric acid; and THURSDAY, MARCH 11, 1982 2059 (xxii) Zinc; (B) Diseased condition caused by exposure to X-rays or radioactive sub stances; (C) Asbestosis; (D) Silicosis; and (E) Byssinosis; and (B) (F) Other occupational diseases, provided the employee or the employee's dependents first prove to the satisfaction of the State Board of Workers' Compen sation (or the medical board, if the matter in controversy is referred to it under Code Section 34-9-311) all of the following: (i) A direct causal connection between the conditions under which the work is performed and the disease; (ii) That the disease followed as a natural incident of exposure by reason of the employment; (iii) That the disease is not of a character to which the employee may have had substantial exposure outside of the employment; (iv) That the disease is not an ordinary disease of life to which the general public is exposed; (v) That the disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural conse quence. For the purposes of this subparagraph, partial loss of hearing due to noise shall not be considered an occupational disease. (4) "Silicosis" means a disease of the lungs which is caused by breathing silica dust (silicon dioxide) and which produces fibrous nodules distributed through the lungs as demonstrated by X-ray examination or by autopsy. (5) "Byssinosis" means a pulmonary disease due to exposure to cotton dust for a period of seven years or longer and diagnosed as such by a doctor certified as a pulmonary specialist by the American Board of Internal Medicine.' Section 4B. Said chapter is further amended by adding at the end of Code Section 34-9-281 a new subsection, to be designated subsection (d), to read as follows: '(d) In cases of disability or death resulting from byssinosis as defined in para graph (5) of Code Section 34-9-280, the time for filing claims shall be as provided by this chapter; provided, however, that, with respect to cases of disability diagnosed as byssinosis prior to July 1, 1982, such claims shall be filed prior to July 1, 1983.'" On the adoption of the amendment, the roll call was ordered and the vote was as fol lows: Y Aaron YAdam,G YAdanuJ YAdams.M YAiken Y Anderaon Y Argo Y Auten NBalkcom Y Baigeron Y Baugh Y Beal Y Beck Y Benefield Y Benn Y Birdsong Bishop Y Bolster Y Branch Y Bray Y Brooks Y Buck Y Burniss Burton Y Byrd Y Canon Y Castleberry Chamberlin N Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Clark.L Y Colbert Coleman N Colling Y ColweU Y Connell Y Couch Y Cox Y Crawford Y Crosby Y Culpepper Y Cummings Darden Y Daugherty Y Davis.B N Davis,M Y Aiken Anderson YArgo Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Brooks Buck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Clark.B Y Clark,L Y Colbert Coleman Y Collins ColweU Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Darden Y Daugherty Y Davis,B DavisJ Y Davis,L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards EUiott Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer YHam Y Hamilton Hanner Y Harris Harrison Hasty Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Ylrvin Y Isakson Y Jackson,J Y Jackson.N Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones,B Y Jones.H Karrh Kemp Y Kilgore Y Lambert YLane.D Lane.R Lawson YLee Y Logan Long Lord YLowe Lucas Mangum YMann Marcus Y Martin Y Matthews Y McCollum FRIDAY, MARCH 12, 1982 2111 Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinai Y NichoUon YNix Y Oliver Y Padgett YParham Y Patten Y Perry Peters Y Phillip8,B Y Phillips,L.L Y PhilUps,R.T PhiUips,W.R Y Pilewicz Y Pinkston Rainey Y Ralston Ramsey RandaU Y Reaves Y Richardson Robinson YRose Ross Y Rowland Y Russell Y Savage Y ScottA Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Smyre YSnow Steinberg Y Swann Thomas Thompson Townsend Y Triplett Tuten YTwiggs Y Vandiford YVaughn YVeazey Y Waddle Y Walker YWall Ware Watson White Widener Y Williams.B.J Williams.H Y Williams.R WUson Y Wood,J Y Wood,J.T Workman Speaker Murphy On the passage of the Bill, the ayes were 124, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Lawson of the 9th stated that he had been called from the floor of the House during the preceding vote. He wished to vote "aye" thereon. HB 1638. By: Representative Lambert of the 112th: A BILL to amend Code Section 44-10-2 of the Official Code of Georgia Annotated, relating to definitions relat ing to facade and conservation easements, so as to change the definition of facade easement to include easements granted on certain designated property; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.J Y Adams.M Y Aiken Y Anderson YArgo YAuten Balkcom Y Bargeron YBaugh YBeal YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd YCason Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark.L Y Colbert Coleman Collins Colwell Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Darden Y Daugherty Y Davis,B Y Davis,J Y Davis,L Dean YDent Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Fortune Foster Y Fuller.C Y Galer Y Ginsberg Glover Godbee YGreer YHam Y Hamilton Y Hanner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Ylrvin Y Isakson Y Jackson.J Y Jackson,N Jackson.W Jessup Y Johnson.G Y Johnson.R Jones,B Y Jones,H Karrh Kemp Y Kilgore Y Lambert Y Lane,D Y Lane,R Y Lawson YLee YLogan Long Lord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNii Y Oliver Y Padgett Y Parham Y Patten Y Perry Peters Phillips.B Y Phillips.L.L Y Phillips.R.T Y Phillips.W.R Y Pilewicz Y Pinkston Rainey Y Ralston Y Ramsey Y RandaU N Reaves Y Richardson Y Robinson YRose YRoss Rowland Y Russell Y Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith,V Smyre YSnow Y Steinberg Y Swann Thomas Thompson Townsend Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn YVeazey Y Waddle Y Walker YWall Y Ware Watson White Widener Y Williams.B.J Williams.H Y Williams.R Wilson Y WoodJ Y Wood,J.T Y Workman Speaker Murphy 2112 JOURNAL OF THE HOUSE, On the passage of the Bill, the ayes were 134, nays 1. The Bill, having received the requisite constitutional majority, was passed. The following Resolution of the House was read and referred to the Committee on Rules: HR 818. By: Representatives Aiken of the 21st, Darden and Thompson of the 19th, Harrison of the 20th, Jackson of the 9th and Balkcom of the 140th: A RESOLU TION establishing the House Gasoline Marketing Study Committee; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto: HB 1751. By: Representatives Milford, Clark and Mann of the 13th: A BILL to provide for referendum elections in Franklin County at which the voters of the Franklin County School District shall be given a choice of having the Franklin County Board of Education be composed of five persons elected thereto and appointing the superintendent of the school district, or of having the Franklin County Board of Education be composed of five persons elected thereto and having the superintendent of the school district be elected; and for other purposes. The following Senate amendment was read: Amend HB 1751 by striking from lines 14 and 15 of page 9 the following: "a special election which shall be held at the time of. Representative Clark of the 13th moved that the House agree to the Senate amend ment to HB 1751. On the motion, the ayes were 103, nays 0. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time: HB 596. By: Representatives Culpepper of the 98th and Cox of the 141st: A BILL to amend Part IV of Code Chapter 109A-9, relating to filing of financing state ments covering crops growing or crops to be grown and provide for all related matters; and for other purposes. The following Committee substitute was read: A BILL To amend Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to filing of financing statements, so as to change the place and manner of filing of financing statements covering crops; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to filing of financing statements, is amended by striking paragraph (a) of subsec tion (1) of Code Section 11-9-401; by redesignating paragraph (b) of subsection (1) of Code FRIDAY, MARCH 12, 1982 2113 Section 11-9-401 as paragraph (c); and by inserting new paragraphs (a) and (b) of subsec tion (1) of Code Section 11-9-401 to read as follows: "(a) When the collateral is minerals or accounts subject to subsection (5) of Code Sec tion 11-9-103 or when the financing statement is filed as a fixture filing and the collat eral is goods which are or are to become fixtures, then in the office where a mortgage on the real estate would be filed or recorded; (b) When the collateral is crops growing or to be grown, then with the designee of the Commissioner of Agriculture in the offices of the Commissioner;". Section 2. Said part is further amended by striking from subsection 3 of Code Sec tion 11-9-402 the following: "The above crops are growing or are to be grown on: (Describe real estate)". Section 3. Said part is further amended by striking subsection (5) of Code Section 11-9-402 and inserting in lieu thereof the following: "(5) (a) A financing statement covering minerals or the like (including oil and gas) or accounts subject to subsection (5) of Code Section 11-9-103 or a financing statement indexed as a fixture filing (Code Section 11-9-313) must show that it covers this type of collateral, must recite that it is to be indexed in the real estate records, and the financing statement must contain a description of the real estate. If the debtor does not have an interest of record in the real estate, the financing statement must show the name of the record owner or record lessee. (b) A financing statement covering crops growing or to be grown must show that it covers this type of collateral, must recite that it is to be filed in the offices of the Commissioner of Agriculture, and must contain a description of the real estate on which the crops are growing or to be grown. If the debtor does not have an interest of record in the real estate, the financing statement must show the name of the record owner or record lessee. The financing statement must contain the social security num ber of the debtor if the debtor is an individual. Such financing statements shall be indexed by the name of the debtor and the name of the record owner or lessee as well as by the social security number of the individual debtor." Section 4. Said part is further amended by striking from subsection (4) of Code Sec tion 11-9-403 the following: "subsection (7)", and inserting in lieu thereof the following: "paragraph (b) of subsection (5) of Code Section 11-9-402 or in subsection (7)". Section 5. Said part is further amended by striking from subsection (7) of Code Sec tion 11-9-403 the following: "crops growing or to be grown, or". Section 6. This Act shall become effective on January 1, 1983. Section 7. All laws and parts of laws in conflict with this Act are repealed. The following amendments were read and adopted Representatives Davis of the 99th and Walker of the 115th move to amend the Com mittee substitute to HB 596 by adding after "debtor" on line 32, page 2, the following: "The filing fee, payable to the Commissioner of Agriculture, shall be $3.50, which fee shall include the termination costs." Representative Culpepper of the 98th moves to amend the Committee substitute to H"1B98459".6 by striking the figure "1983" on line 13, page 3, and substituting the figure The Committee substitute, as amended, was adopted. 2114 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows N Aaron Y Adams,G N Adams,J NAdam>,M N Aiken N Anderson YArgo N Auten NBalkcom Y Bargeron Baugh NBeal NBeck Y Benefield NBenn YBirdBong Bishop N Bolster N Branch NBray Y Brooks NBuck YBurnus N Burton NByrd NCason Y Castleberry N Chamberlin YChambless Y Chance N Cheeks N Childere Childs Y Clark.B N Clark,L N Colbert Coleman Y Collins N Colwell Y Connell N Couch YCoi N Crawford N Crosby Y Culpepper N Cummings Darden Daugherty Y Davis,B NDavis.J NDavis,L NDean YDent Dixon NDobbs N Dover Y Edwards Elliott Y Evans Felton N Fortune N Foster N Fuller.C NGaler NGinsberg Glover YGodbee NGreer NHam N Hamilton N Manner Y Harris NHarrison N Hasty Y Hawkins NHays Hill N Holmes N Hooks YHorne N Hutchinson NIrvin N Isakson N Jackson.J N Jackson.N Y Jackson,W N Jessup Y Johnson,G Y Johnson.R Y Jones,B N Jones.H YKarrh YKemp NKilgore N Lambert YLane,D NLane.R YLawson NLee YLogan NLong Lord NLowe Y Lucas N Mangum NMann Marcus N Martin Matthews Y McCollum N McDonald McKinney N Miles N Milford N Montgomery N Moody N Moore N Mostiler N Mullinai Nicholson Nix N Oliver N Padgett NParham N Patten N Perry Peters N Phillips3 N Phillips.L.L Y PhilBps,R.T N Phillips,W.R Y Pilewira Y Pinkston Rainey N Ralston NRamsey YRandall N Reaves Y Richardson Y Robinson YRose NRoss N Rowland N Russell N Savage N Scott,A Scott,D N Shepard N Sherrod N Sizemore N Smith.T Smith,V YSmyre Y Steinberg Swann Y Thomas Thompson N Townsend N Triplett YTuten NTwiggs N Vandiford YVaughn N Veazey Y Waddle Y Walker YWall N Ware Y Watson White N Widener N Williams.B.J N Williams.H N Williams,R N Wilson N WoodJ Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, by substitute, as amended, the ayes were 51, nays 102. The Bill, by substitute, as amended, having failed to receive the requisie constitutional majority, was lost. Representative Kemp of the 139th stated that he had inadvertently voted "aye" but intended to vote "nay" on the preceding vote. HB 1444. By: Representatives Richardson of the 52nd and Isakson of the 20th: A BILL to amend Code Section 84-2124, relating to safeguarding life, health, and prop erty, so as to provide that all counties, municipalities, and other governing bodies of this state that issue building permits shall be required to maintain a permanent record of the permit application; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following amendment was read and adopted: The Committee on State Planning & Community Affairs moves to amend HB 1444: On page 1, line 26, insert ",if any" after architect. Same change on page 2, line 16. FRIDAY, MARCH 12, 1982 2115 The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 99, nays 10. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1745. By: Representative Pinkston of the 100th: A BILL to amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to override federal preemptions in connection with mortgage financing and business and agricultural financing; and for other purposes. The following amendment was read and adopted: The Committee on Banks and Banking moves to amend HB 1745 by striking the word, symbol, and numbers "November 1, 1982" from line 19 of page 2 and inserting in lieu thereof the following: "March 31, 1983". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.J Y Adams.M Aiken Y Anderson YArgo Y Auten Balkcom Y Bargeron YBaugh YBeal YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Branch YBray Y Brooks YBuck YBumiss Y Burton Byrd YCason Castleberry Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark,L Y Colbert Coleman Y Collins Y Colwell Connell Y Couch YCox Crawford Y Crosby Culpepper Cuxmnings Darden Daugherty Y Davis.B NDavis.J Y Davis,L Dean Dent Y Dixon Dobtffl Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster N Fuller.C YGaler Ginsberg Glover Y Godbee YGreer NHam Y Hamilton Hanner Y Harris Y Harrison Hasty Hawkins Hays Hill Holmes Y Hooks Home Hutchinson Ylrvin Ylsakson Y i!ackson,J Jackson.N Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones,B Y Jones.H YKarrh Kemp YKUgore Lambert YLane.D YLane.R Y Lawson YLee YLogan YLong Lord YLowe Y Lucas Y Mangum YMann Marcus Y Martin Y Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Moody Y Moore Y Mostiler Y Mullinax Y Nicholson Nix Y Oliver Y Padgett YParham Patten Y Perry Peters Y Phillips.B Y Phillip8,L.L Y Phillips,R.T Phillips,W.R Y Pilewicz Y Pinkston Rainey Y Ralston YRamsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Y ScottA Scott,D Y Shepard N Sherrod Y Sizemore Y Smith,T Smith,V YSmyre YSnow Y Steinberg Swann Thomas Thompson Y Townsend Y Triplett Tuten YTwiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Walker Y Wall Y Ware Y Watson White Y Widener Y Williams,B.J Y Williams,H Y Williams.R Y Wilson Y WoodJ Y WocxU.T Y Workman Speaker Murphy On the passage of the Bill, as amended, the ayes were 123, nays 4. The Bill, having received the requisite constitutional majority, was passed, as amended. 2116 JOURNAL OF THE HOUSE, HB 993. By: Representatives Beal of the 28th, Richardson of the 52nd, Benn of the 38th, Glover of the 32nd and Couch of the 43rd: A BILL to amend Senate Bill 79, providing procedures for prevention of family violence, as passed during the 1981 regular session of the General Assembly, so as to authorize counseling or therapy to be included in certain orders or agreements; and for other purposes. The following Committee substitute was read: A BILL To amend an Act providing procedures for prevention of family violence, approved April 9, 1981 (Ga. L. 1981, p. 880), so as to authorize certain orders or agreements to include provisions that parties receive psychiatric or psychological services; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and auto matic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act providing procedures for prevention of family violence, approved April 9, 1981 (Ga. L. 1981, p. 880), is amended by striking subsection (a) of Section 4 and inserting in its place a new subsection (a) to read as follows: "(a) The court may, upon the filing of a verified petition, grant any protective order or approve any consent agreement to bring about a cessation of acts of family violence. The orders or agreements may: (1) Direct a party to refrain from such acts; (2) Grant to a spouse possession of the residence or household of the parties and exclude the other spouse from the residence or household; (3) Require a party to provide a spouse and his or her children suitable alternate housing; (4) Award temporary custody of minor children and establish temporary visitation rights; (5) Order the eviction of a party from the residence or household and assistance to the victim in returning to it or order assistance in retrieving personal property of the victim if the respondent's eviction has not been ordered; (6) Order either party to make payments for the support of a minor child as required by law; (7) Order either party to make payments for the support of a spouse as required by law; (8) Provide for possession of personal property of the parties; (9) Order a party to refrain from harassing or interfering with the other; (10) Award costs and attorney's fees to either party; and (11) Order either or all parties to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of family violence; and {H} (12) Include any additional protections or provisions as deemed necessary." Part 2 Section 2. Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to granting of protective orders, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: "(a) The court may, upon the filing of a verified petition, grant any protective order or approve any consent agreement to bring about a cessation of acts of family violence. The orders or agreements may: (1) Direct a party to refrain from such acts; (2) Grant to a spouse possession of the residence or household of the parties and exclude the other spouse from the residence or household; FRIDAY, MARCH 12, 1982 2117 (3) Require a party to provide suitable alternate housing for a spouse and his or her children; (4) Award temporary custody of minor children and establish temporary visitation rights; (5) Order the eviction of a party from the residence or household and order assist ance to the victim in returning to it, or order assistance in retrieving personal property of the victim if the respondent's eviction has not been ordered; (6) Order either party to make payments for the support of a minor child as required by law; (7) Order either party to make payments for the support of a spouse as required by law; (8) Provide for possession of personal property of the parties; (9) Order a party to refrain from harassing or interfering with the other; (10) Award costs and attorney's fees to either party; and (11) Order either or all parties to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of family violence; and {it} (12) Include any additional protections or provisions as deemed necessary." Parts Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Burton of the 47th moves to amend the Committee substitute to HB 993 as follows: Delete subparagraph (12) on lines 20 and 21 of page 2, and subparagraph (12) on lines 28 and 29 of page 3. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Aaron Adams.G Y Adams,J N Adams.M Y Aiken Y Andereon Y Argo Auten Balkcom Y Bargeron YBaugh Y Beal Beck YBenefield Benn YBirdsong Bishop Y Bolster Branch Y Bray Y Brooks Buck Y Burruss Y Burton N Byrd N Cason Castleberry Chamberlin Y Chambless Y Chance N Cheeks Y Childera YChilds Y Clark,B Y Clark.L Colbert Y Coleman Y Collins Y Colwell Connell Y Couch Y Cox N Crawford Y Crosby Culpepper Y Cummings Darden Y Daugherty Y Davis.B N Davis.J Y Davis,L Dean Y Dent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Foster Y Fuller.C Y Galer Y Ginsberg Y Glover Godbee Y Greer N Ham Y Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins Y Hays Hill Y Holmes Y Hooks Y Home Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N N Jackson.W Y Jessup Y Johnson.G N Johnson.R Y Jones,B Y Jones.H Y Karrh Kemp Y Kilgore Y Lambert Y Lane.D N Lane,R Y Lawson Y Lee Y Logan 2118 JOURNAL OF THE HOUSE, Long Lord YLowe Y Lucas YMangum Y Mann Y Marcus Y Martin N Matthews YMcColIum McDonald McKinney Y Miles YMilford Y Montgomery Moody N Moore Y Mostiler YMulluiM YNicholson Nix Oliver Y Padgett Y Parham Y Patten N Perry Peters Phillips.B Y Phillips,L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson Y Rose Ross Y Rowland Y Russell Y Savage Y ScottA Scott,D Y Shepard N Sherrod N Sizemore Smith,T Smith,V Smyre Y Snow Y Steinberg Swann Thomas Thompson Y Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Veazey Waddle Y Walker N Wall Y Ware Watson White Y Widener Y WiUiams,B.J Y Williams.H Y Williaros.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, by substitute, as amended, the ayes were 114, nays 16. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. HB 1642. By: Representative Mann of the 13th: A BILL to amend an Act relating to the destruction of obsolete records by the county departments of family and chil dren services, so as to change the time of retention of such records from five years to three years; to amend the Official Code of Georgia Annotated accord ingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 97, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 981. By: Representatives Aaron of the 56th, Childs of the 51st, Mangum of the 56th, Davis of the 45th, Ralston of the 7th and others: A BILL to amend Code Section 68B-215, relating to records kept by the Department of Public Safety, so as to place a limitation on the contents of certain abstracts of drivers' oper ating records; and for other purposes. The following amendment was read and withdrawn: The Committee on Public Safety moves to amend HB 981: By adding on page 2, line 10, after the word "requested", ".except in the case of a habitual offender". The following substitute, offered by Representative Aaron of the 56th, was read and adopted: A BILL To amend Code Section 68B-215, relating to records kept by the Department of Pub lic Safety, as amended, particularly by an Act approved March 24, 1980 (Ga. Laws 1980, p. 917), so as to place a limitation on the contents of certain abstracts of drivers' operating records; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 12,1982 2119 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Parti Section 1. Code Section 68B-215, relating to records kept by the Department of Pub lic Safety, as amended, particularly by an Act approved March 24, 1980 (Ga. Laws 1980, p. 917), is hereby amended by striking subsection (c) and inserting in its place a new sub section to read as follows: "(c) (1) The Department shall furnish a certified abstract of a driver's operating record under the following circumstances: (!) (A) In accordance with the written instructions of the driver upon whom the operating record has been made and compiled. {3} (B) Pursuant to a written request, to a person who the Department has rea son to believe intends to use the information in connection with the underwriting of insurance involving the driver. The person who makes a written request for a driver's operating record shall identify himself and shall have certified that the information contained in the record will be used for no other purpose and that he has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers. No abstract issued in connection with the underwrit ing of insurance shall contain any information which was entered in the records of the Department prior to the first day of the second calendar year prior to the calen dar year in which the abstract is requested, except in the case of a habitual offender. As an illustrative example of the computation of time fixed by the previ ous sentence, an abstract which is requested at any time during calendar year 1982 shall not contain any information which was entered in the records of the Depart ment prior to January 1. 1980. (2) The abstract shall include an enumeration of any accidents in which the individ ual was convicted of a moving traffic violation, such moving traffic violation convic tions, information pertaining to financial responsibility, and any other information the Department may consider pertinent. The Department shall prescribe a fee for furnish ing such abstract to cover the costs of administering this Section, such fee not to exceed $10.00. Subject to the provisions of subsection (d) of this Section, any person who submits a request for an abstract of a driving record other than one to which he is entitled pursuant to this Section shall be guilty of a misdemeanor and upon convic tion thereof shall be punished as for a misdemeanor." Part 2 Section 2. Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to general provisions regarding drivers' licenses, is amended by striking sub section (c) of Code Section 40-5-2 in its entirety and inserting in its place a new subsection (c) to read as follows: "(c) (1) The department shall furnish a certified abstract of a driver's operating record under the following circumstances: ft) (A) In accordance with the written instructions of the driver upon whom the operating record has been made and compiled; (2) (B) Pursuant to a written request, to a person who the department has rea son to believe intends to use the information in connection with the underwriting of insurance involving the driver. The person who makes a written request for a driver's operating record shall identify himself and shall have certified that the information contained in the record will be used for no other purpose and that he has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers. No abstract issued in connection with the underwrit ing of insurance shall contain any information which was entered in the records of the department prior to the first day of the second calendar year prior to the calen dar year in which the abstract is requested, except in the case of a habitual offender. As an illustrative example of the computation of time fixed by the previ ous sentence, an abstract which is requested at any time during calendar year 1982 2120 JOURNAL OF THE HOUSE, shall not contain any information which was entered in the records of the depart ment prior to January lj 1980. (2) The abstract shall include an enumeration of any accidents in which the individ ual was convicted of a moving traffic violation, such moving traffic violation convic tions, information pertaining to financial responsibility, and any other information the department may consider pertinent. The department shall prescribe a fee for furnish ing such abstract to cover the costs of administering this Code section, such fee not to exceed $10.00. Subject to subsection (d) of this Code section, any person who sub mits a request for an abstract of a driving record other than one to which he is enti tled pursuant to this Code section shall be guilty of a misdemeanor." Part3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Adams,J Adams,M* Y Aiken Y Anderson NArgo Auten Y Balkcom N Bargeron Y Baugh YBeal YBeck Y Benefield Benn Y Birdsong Bishop N Bolster Branch NBray Brooks YBuck YBurruss N Burton YByrd NCason N Castleberry Y Chamberlin N Chambless Y Chance Y Cheeks N Childers Y Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Collins Colwell Connell Y Couch Cox Crawford Crosby N Culpepper Y Cummings Darden Y Daugherty N Davis,B NDavisJ N Davis,L YDean Dent Y Diion NDobbs Y Dover Y Edwards Elliott N Evans Felton Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Y Glover N Godbee Y Greer YHam Y Hamilton Manner Y Harris Harrison N Hasty N Hawkins YHays Hill Y Holmes N Hooks NHorne Hutchinson Ylrvin YIsakson N Jackson.J Jackson,N Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones.B N Jones.H Y Karrh Kemp Y Kilgore Lambert Y LaneJD N Lane.R N Lawson YLee N Logan Long Lord YLowe Y Lucas Y Mangum YMann Marcus Y Martin Y Matthews N McCollum Y McDonald McKinney Y Miles Y Milford N Montgomery Y Moody Y Moore Mostiler N Mullinai Y Nicholson YNi* Y Oliver Padgett Y Parham Y Patten Y Perry Peters Phillips.B Phillips,L.L N Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson NRose Ross Y Rowland Y Russell Y Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Swann Thomas Thompson N Townsend Y Triplett YTuten Twiggs Y Vandiford Y Vaughn Y Veazey N Waddle N Walker N Wall N Ware N Watson White N Widener N Williams,B.J Y Williams,H Williams.R Y Wilson Y Wood,J N Wood,J.T N Workman Speaker Murphy On the passage of the Bill, by substitute, the ayes were 91, nays 40. The Bill, having received the requisite constitutional majority, was passed, by substi tute. FRIDAY, MARCH 12, 1982 2121 HB 1729. By: Representative Vaughn of the 57th: A BILL to amend an Act known as "The Georgia Criminal Justice Act," so as to remove the prohibition against the public defender engaging in the practice of criminal law during his incumbency; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act known as "The Georgia Criminal Justice Act," approved April 8, 1968 (Ga. L. 1968, p. 999), as amended, so as to provide that the public defender may engage in the practice of criminal law during his incumbency under certain conditions; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act known as "The Georgia Criminal Justice Act," approved April 8, 1968 (Ga. L. 1968, p. 999), as amended, is amended by striking subsection (b) of Section 6 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: "(b) If an office of public defender is established for a county, the superior court of that county shall appoint the person to serve as public defender for a term of two years. The public defender must be licensed to practice law in this state and must be compe tent to counsel and defend a person charged with crime. During his incumbency the public defender may not engage in the practice of criminal law other than in the dis charge of the duties of his office unless he is approved in writing to practice criminal law by the senior judge of the superior court of his judicial circuit. The superior court, with the concurrence of the county governing authority of the county, shall determine whether the public defender is to be employed on a full-time or a part-time basis and shall determine his compensation." Part 2 Section 2. Code Section 17-12-7 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of office of public defender generally, is amended by striking subsection (b) of said Code section in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: "(b) If an office of public defender is established for a county, the superior court of that county shall appoint a person to serve as public defender for a term of two years. The public defender must be licensed to practice law in this state and must be compe tent to counsel and defend a person charged with a crime. During his incumbency the public defender may not engage in the practice of criminal law other than in the dis charge of the duties of his office unless he is approved in writing to practice criminal law by the senior judge of the superior court of his judicial circuit. The superior court, with the concurrence of the county governing authority, shall determine whether the public defender is to be employed on a full-time or a part-time basis and shall deter mine his compensation." Part3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. 2122 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adun>,M YAiken YAndenon Y Argo Auten YBalkcom Y Bargeron YBaugh Beal YBeck Y Benefield YBenn YBirdsong Y Bishop Bolster Y Branch YBray Y Brooks YBuck YBurruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambtos Chance Y Cheeks Y Childers YChilds YCIark3 Y Clark,L Y Colbert Y Coleman YCoUins Y Colwell Connell Couch YCoi Y Crawford Crosby Y Culpepper Y Cummings Darden Daugherty Y Davis,B YDavisJ YDavis,L Dean Dent YDixon YDobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y FuUer,C YGaler YGinsberg Glover YGodbee YGreer YHam Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks YHorne Hutchinson Ylrvin Ylsakson Y JacksonJ Jackson.N Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones.B Y Jones,H YKarrh Kemp Y Kilgore Lambert YLane.D YLane,R YLawson YLee YLogan YLong Lord YLowe Y Lucas YMangum YMann Marcus Y Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Moody Y Moore Y Mostiler Y Mullinax Y Nicholson Nix Y Oliver Y Padgett YParham Y Patten Y Perry Peters Y Phillips3 Y Phillips.L.L Y Phillips.R.T Phillips,W.R Y Pilewici Y Pinkston Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Robinson NRose Ron Y Rowland Y Russell Y Savage Scott,A Y Scott.D Y Shepard YSherrod YSizemore Y Smith.T Smith,V Smyre YSnow Y Steinberg Y Swann Thomas Thompson Y Townsend Triplett YTuten YTwiggs Y Vandiford YVaughn YVeazey Y Waddle Walker Y Wall YWare Y Watson White Y Widener Y Williams.B.J Y Williamg,H Y WiUiams,R Y Wilson YWoodJ Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, by substitute, the ayes were 139, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute. The following Resolution of the House was read and referred to the Committee on Rules: HR 820. By: Representatives Ware of the 68th, Argo of the 63rd, Wood of the 9th, Buck of the 95th, and Castleberry of the lllth: A RESOLUTION creating the State Housing Activities Study Committee; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time: HB 1814. By: Representatives Davis of the 99th and Randall of the 101st: A BILL to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Anno tated, relating to appeals to the appellate courts in general, so as to provide that a brief in criminal appeals may be filed if counsel files therewith his affida vit that he was appointed by the trial court and his client is indigent; and for other purposes. The following amendment was read and adopted: FRIDAY, MARCH 12, 1982 2123 Representative Davis of the 99th moves to amend HB 1814 by deleting the words beginning with "and" on line 24 through "indigent" on line 25, and inserting in lieu thereof the following: "because of the defendant's indigency". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G YAdams,J Y Adams.M YAiken Y Anderson YArgo Auten Y Balkcom Y Bargeron YBaugh Seal YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Branch YBray Brooks YBuck YBurruas Burton YByrd YCason Y Castleberry Chamberlin Chambleas Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark.L Y Colbert Y Coleman Collins Y Colwell Connell Y Couch YCox Y Crawford YCrosby Y Culpepper Cummings Darden Daugherty Y Davis,B Y Davis.J Y Davis,L Dean YDent Y Diion Y Dobbs Y Dover Y Edwards EUiott Y Evans Y Felton Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Y Hamilton Y Manner Y Harris Harrison Hasty Y Hawkins YHays Hill Y Holmes Y Hooks YHorne Hutchinson Ylrvin Ylsakson Y Jackson.J Jackson,N Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones.B Y Jones.H YKarrh Kemp Y Kilgore Lambert YLane,D Y Lane,R Y Lawson YLee YLogan YLong Lord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCoIlum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinai Y Nicholson Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Peters Phillips.B Phillips.L.L Phillips,R.T Phillips,W.R Pilewicz Y Pinkston Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Robinson YRose Ross Y Rowland Y Russell Y Savage Y Scott,A Scott,D Y Shepard N Sherrod Y Sizemore Y Smith,T Smith.V Smyre YSnow Y Steinberg Swarm Y Thomas Thompson Y Townsend Triplett YTuten YTwiggs Y Vandiford Vaughn Y Veazey Y Waddle Y Walker Y Wall YWare Y Watson White Y Widener Williams,B.J Y Williams.H Y Williams,R Y Wilson YWood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, as amended, the ayes were 127, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1838. By: Representatives Tuten of the 153rd, Culpepper of the 98th, Walker of the 115th, Evans of the 84th and Karrh of the 106th: A BILL to amend Code Chapter 38-16, relating to competency of witnesses, so as to provide that a hus band and wife shall each be competent to testify to the adultery of the other; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following amendment was read: The Committee on Judiciary moves to amend HB 1838 by adding after the word "other" on line 3 of page one the following: 2124 JOURNAL OF THE HOUSE, "in,any civil proceeding" By adding before the words "a husband" on line 1 of page 2 and on line 25 of page 2 the following: "In any proceeding" By adding after the word "adultery" on line 4 of page 2 and on line 28 of page 2 the following: "in such proceeding" The following amendment was read and adopted: Representative Tuten of the 153rd moves to amend the Committee amendment to HB 1838 by adding on line 8 following the word "any" the following: "civil". The Committee amendment, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: N Aaron YAdams,G N AdamsJ YAdams,M Aiken Anderaon YArgo Auten N Balkcom Y Bargeron YBaugb YBeal NBeck N Benefield Benn YBirdoong Bishop Y Bolster Y Branch NBray Brooks YBuck Bunuss Burton YByrd YCaaon N Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers NChilds YClark.B Y Clark,L YColbert Y Coleman Colling ColweU Council Y Couch YCox Y Crawford Y Crosby Y Culpepper N Cummings Darden Daugherty Davis,B YDavisJ Y Davis,L YDean Dent Y DUon YDobbs Y Dover N Edwards EUiott Y Evans Y Felton N Fortune Y Foster Y Fuller.C YGaler Ginsberg Y Glover N Godbee Greer NHam N Hamilton Y Manner Y Harris Y Harrison Y Hasty N Hawkins YHays Hill Holmes Y Hooks Home Hutchinson Ylrvin Ylsakson Y Jackson,J Jackson.N Y Jackson.W YJesnip Y Johnson.G N Johnson,R N Jones.B Y Jones,H Karrh Kemp N Kilgore Lambert YLane,D YLane,R Y Lawson NLee YLogan YLong Lord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles N Milford Y Montgomery Y Moody Y Moore Y Mostiler NMullinax Nicholson Nix Y Oliver Padgett YParham Y Patten Y Perry Peters N Phillips.B Phillips,L.L PhilUps,R.T Phillips.W.R Y Pilewicz Y Pinkston Rainey Y Ralston N Ramsey Randall Y Reaves N Richardson Robinson NRose Ross Y Rowland Y Russell Y Savage Y Scott,A Y Scott,D N Shepard Y Sherrod N Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Swann Y Thomas Y Thompson N Townsend N Triplett Y Tuten Twiggs N Vandiford N Vaughn Y Veazey Y Waddle Y Walker Y Wall N Ware Y Watson White Y Widener Y Williams.B.J Y Williams.H Y Williams.R Y Wilson N Wood,J Y Wood,J.T N Workman Speaker Murphy On the passage of the Bill, as amended, the ayes were 100, nays 34. The Bill, having received the requisite constitutional majority, was passed, amended. FRIDAY, MARCH 12, 1982 2125 HB 1906. By: Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th: A BILL to amend the "Georgia Alcoholic Beverage Code," Code Title 5A, so as to permit the governing authorities of certain counties and municipalities to authorize the sale of alcoholic beverages for consumption on the premises on Sundays if approved at a referendum; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 101, nays 9. The Bill, having received the requisite constitutional majority, was passed. HB 1587. By: Representatives Vandiford of the 53rd, Colbert of the 23rd, Coleman of the 118th, Martin of the 60th, Shepard of the 67th, and others: A BILL to amend an Act relating to enforcement of fire safety standards and amending other pre vious Acts, so as to change the effective date of the Act; to change the effective date of corresponding provisions of the Official Code of Georgia Annotated; and for other purposes. The following substitute, offered by Representatives Coleman of the 118th, Martin of the 60th, Colbert of the 23rd, and others, was read and adopted. A BILL To amend an Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. L. 1949, p. 1057), as amended, particularly by an Act approved April 17, 1981 (Ga. L. 1981, p. 1779), so as to change the provisions relating to enforce ment of fire safety standards; to provide for certain contracts between local political subdi visions with respect to enforcement, building permits, and certificates of occupancy; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting kws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Parti Section 1. An Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. L. 1949, p. 1057), as amended, particularly by an Act approved April 17, 1981 (Ga. L. 1981, p. 1779), is amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: oGCtlOIl D, \fl/ m ftii COUHU6S AftVlttJf ft pOpUifttlOn Or AWjUUU Of IBOF&j ft8 QClWf" ociistiS) tftc iftunicipftx ovcrniri fluuiofiiy m cmy incorporfltcfl Apoft of wio county ovTM erntng authority in any unincorporated a*ea located therem The county governing authority in any county having a population of 100.000 or more, and the municipal gov erning authority in any municipality having a population of 45.000 or more, each as determined by the most recent decennial census published by the United States Bureau of Census, and those municipalities pursuant to subsection (b) of this Section shall adopt the state minimum fire safety standards adopted in the rules and regulations promulgated pursuant to this Act, including all subsequent revisions thereof. (1) With respect to those buildings and structures listed in Section 8 of this Act, except for those owned and operated or occupied by the state, every such local govern ing authority shall be responsible for enforcing such fire safety standards within their jurisdiction and shall: (A) Conduct fire safety inspections of existing buildings and structures; 2126 JOURNAL OF THE HOUSE, (B) Review plans and specifications for proposed buildings and structures, issue building permits when plans are approved, and conduct fire safety inspections of such buildings and structures; and (C) Issue permanent and temporary certificates of occupancy. Nothing herein shall be construed so as to prohibit fire service personnel of any such local governing authority from making inspections of any state owned and operated or occupied building or structure listed in Section 8 of this Act and from filing reports of such inspections with the office of Georgia Safety Fire Commissioner. Nothing herein shall be construed so as to place upon any municipality, county or any officer or employee thereof, the responsibility to take enforcement action regarding any existing building or structure listed in Section 8 of this Act when such building or structure was granted a certificate of occupancy pursuant to a waiver granted prior to January 1 April 1, 1982, and which was granted pursuant to the recommendation of the engineering staff over the objection of the local authority having jurisdiction. (2) Every such local governing authority shall have the authority to charge and retain appropriate fees for performing the duties required in subparagraphs (B) and (C) abeve of paragraph (1) of this subsection. In cases where the governing authority of a municipality enforcing fire safety standards pursuant to this subsection contracts for the enforcement of fire safety standards, any municipal or county office or author ity providing such enforcement shall not charge fees in excess of those charged in its own political subdivision for such enforcement. (3) Every such local governing authority shall be responsible for investigating all cases of arson and other suspected incendiary fires within their jurisdiction, shall have the duties and powers authorized by Section Sections 21, 22, and 23 of this Act in carrying out such responsibility, and shall submit quarterly reports to the state fire marshal containing fire-loss data regarding all fires within their jurisdiction. The state fire marshal shall have the authority to initiate any arson investigation upon request of any such local governing authority and the state fire marshal shall provide assist ance to the requesting authority regarding any of the duties and responsibilities required by this paragraph. (4) No such local governing authority shall have the authority to grant any waiver or variance which would excuse any building, structures, or proposed plans for build ings or structures from compliance with the state minimum fire safety standards as adopted in the rules and regulations promulgated pursuant to this Act, (b) Municipalities having a population of less than 45,000 as determined by the most recent decennial census published by the United States Bureau of Census, may adopt the state minimum fire safety standards adopted in the rules and regulations promul gated pursuant to this Act, including all subsequent revisions thereof. The municipal governing authority shall indicate its intention to adopt and enforce the state minimum fire safety standards by forwarding a resolution so indicating to the Commissioner. The municipality shall then adopt and enforce the state minimum fire safety standards as set forth in subsection (a) of Section 6 of this Act. {b) (c) With respect to those buildings and structures listed in Section 8 of this Act ftH counties having a population ef less than 100,000, as determined by the most fcccnt dccdmifti ccnsu.9 pti uiisftcd oy IRC unit-cd owitcs oxwcftu of ocnsus in junsoiC" tions other than those jurisdictions covered under subsection (a) of this Section, and with respect to every such building and structure owned and operated or occupied by the state wherever located, the office of Georgia Safety Fire Commissioner shall perform those duties specified in paragraph (1) of subsection (a) herein and shall perform all other duties required by this Act. (e> (d) Except as specifically stated herein, nothing in this Section shall reduce or avoid the duties and responsibilities of the office of Georgia Safety Fire Commissioner or the state fire marshal required by other Sections of this Act, other Acts, or any exist ing contract or agreement and all renewals thereof between the office of Georgia Safety Fire Commissioner or the state fire marshal and any other state or federal government agency. Nothing herein shall prohibit the office of Georgia Safety Fire Commissioner, state fire marshal, or any local governing authority from entering into any future con tract or' agreement regarding any of the duties required herein. FRIDAY, MARCH 12, 1982 2127 (e) The office of the Georgia Safety Fire Commissioner shall be responsible for inter pretations of the state minimum fire safety standards as adopted in the rules and regu lations promulgated pursuant to this Act upon receipt of a written request therefor." Section 2. Said Act is further amended by striking paragraph (1) of subsection (a) of Section 7 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) For the purposes of this Act, a local fire marshal shall mean any employee or independent contractor of any city, county, or other governing authority any county having a population ef- teas than 100,000, as determined fey the est feeent decennial CCW9U8 pu DllSflCCl "By tnC UllltCQ OlfltCS .DUF&ftQ Or OCHWIS POt flOOptlllR tllC StfttC 1P1H1~ mum fire safety standards as provided in subsection (a) of Section 6 of this Act, who is responsible for performing fire safety duties for such city, county, or governing author ity and who has been or is seeking to be deputized pursuant to this Section." Section 3. Said Act is further amended by adding at the end of Section 9 a new sub section, to be designated subsection (d), to read as follows: "(d) In cases where the governing authority of a municipality which is enforcing fire safety standards pursuant to subsection (a) of Section 6 contracts with the Office of Safety Fire Commissioner for the enforcement of fire safety standards, the office of the Commissioner shall not charge such municipality fees in excess of those charged in this Section." Part 2 Section 4. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards, is amended by striking Code Section 25-2-12 in its entirety and inserting in lieu thereof a new Code Section 25-2-12 to read as follows: "25-2-12. (a) (1) In all counties having a population of 100,000 ef mere-, as deter- flHXtQ By *ft Ullltu OI&169 u6CItDIftx CCW811S Or ilWJv OP &Ry lUtUFC 8UCA CGQ8U8) lC RiURicipfti ^ovcrninjf AUtHonty t& finy nicoppop&i&u &FCCI of me county ov&niiii authority in any unincorporated area located therein The county governing authority in any county having a population of 100,000 or more, and the municipal governing authority in any municipality having a population of 45.000 or more, each as deter mined by the most recent decennial census published by the United States Bureau of Census, and those municipalities pursuant to subsection (b) of this Code section shall adopt the state minimum fire safety standards adopted in the rules and regulations promulgated pursuant to this chapter, including all subsequent revisions thereof. (2) With respect to those buildings and structures listed in Code Section 25-2-13, except for buildings and structures which are owned and operated or occupied by the state, every such local governing authority shall be responsible for enforcing such fire safety standards within its jurisdiction and shall: (A) Conduct fire safety inspections of existing buildings and structures; (B) Review plans and specifications for proposed buildings and structures, issue building permits when plans are approved, and conduct fire safety inspections of such buildings and structures; and (C) Issue permanent and temporary certificates of occupancy. (3) Nothing in this subsection shall be construed so as to prohibit fire service per sonnel of any such local governing authority from making inspections of any state owned and operated or occupied building or structure listed in Code Section 25-2-13 and from filing reports of such inspections with the office of the Commissioner. (4) Nothing in this subsection shall be construed so as to place upon any munici pality, county, or any officer or employee thereof, the responsibility to take enforce ment action regarding any existing building or structure listed in Code Section 25-2-13, if such building or structure was granted a certificate of occupancy pursuant to a waiver granted prior to January 1, 1982, and which was granted pursuant to the recommendation of the engineering staff over the objection of the local authority hav ing jurisdiction. 2128 JOURNAL OF THE HOUSE, (5) Every such local governing authority shall have the authority to charge and retain appropriate fees for performing the duties required in subparagraphs (A) and (B) of paragraph (2) of this subsection. In cases where the governing authority of a municipality enforcing fire safety standards pursuant to this subsection contracts for the enforcement of fire safety standards, any municipal or county office or authority providing such enforcement shall not charge fees in excess of those charged in its own political subdivision for such enforcement. (6) Every such local governing authority shall be responsible for investigating all cases of arson and other suspected incendiary fires within its jurisdiction, shall have the duties and powers authorized by Code Section Sections 25-2-272 25-2-28, and 25-2-29 in carrying out such responsibility, and shall submit quarterly reports to the state fire marshal containing fire-loss data regarding all fires within its jurisdiction. The state fire marshal shall have the authority to initiate any arson investigation upon request of any such local governing authority and he shall provide assistance to the requesting authority regarding any of the duties and responsibilities required by this paragraph. (7) No such local governing authority shall have the authority to grant any waiver or variance which would excuse any building, structure, or proposed plans for build ings or structures from compliance with the state minimum fire safety standards as adopted in the rules and regulations promulgated pursuant to this chapter. : (b) Municipalities having a population of less than 45,000 as determined by the most recent decennial census published by the United States Bureau of Census may adopt the state minimum fire safety standards adopted in the rules and regulations promulgated pursuant to this chapter, including all subsequent revisions thereof. The municipal gov erning authority shall indicate its intention to adopt and enforce the state minimum fire safety standards by forwarding a resolution so indicating to the Commissioner. The municipality shall then adopt and enforce the state minimum fire safety standards as set forth in subsection (a) of Code Section 25-2-12. {b} (c) With respect to those buildings and structures listed in Code Section 25-2-13, in aB counties having ft population ef- less than 100,000, as determined fey the United States decennial censes ef 1986 or any fetwe saeh census in jurisdictions other than those jurisdictions covered under subsection (a) of this Code section, and with respect to every such building and structure owned and operated or occupied by the state, wherever located, the office of the Commissioner shall perform those duties speci fied in paragraph (2) of subsection (a) of this Code section and shall perform all other duties required by this chapter. (e) (d) Except as specifically stated in this Code section, nothing in this Code sec tion shall reduce or avoid the duties and responsibilities of the office of the Commis sioner or the state fire marshal imposed by other Code sections of this chapter, other provisions of this Code, or any existing contract or agreement and all renewals thereof between the office of the Commissioner or the state fire marshal and any other state or federal government agency. Nothing in this Code section shall prohibit the office of the Commissioner, state fire marshal, or any local governing authority from entering into any future contract or agreement regarding any of the duties imposed under this Code section. (e) The office of the Commissioner shall be responsible for interpretations of the state minimum fire safety standards as adopted in the rules and regulations promul gated pursuant to this chapter." Section 5. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 25-2-12.1 and inserting in lieu thereof a new paragraph (2) to read as follows: "(2) 'Local fire marshal' means any employee or independent contractor of any municipality, county, or other governing authority in any county having a population efteas than 100,000, as determined by the United States decennial eensws ef 1980 er any futwe men census, not adopting the state minimum fire safety standards as provided in subsection (a) of Code Section 25-2-12 who is responsible for performing fire safety FRIDAY, MARCH 12, 1982 2129 duties for such municipality, county, or governing authority and who has been or is seeking to be deputized pursuant to this Code section." Section 6. Said chapter is further amended by adding at the end of Code Section 25-2-14 a new subsection (e) to read as follows: "(e) In cases where the governing authority of a municipality which is enforcing the fire safety standards pursuant to subsection (a) of Code Section 25-2-12 contracts with the office of the Commissioner for the enforcement of fire safety standards, the office of the Commissioner shall not charge such municipality fees in excess of those charged in this Code section." Part3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective April 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: YAaion Y Adams.G Y Adams,J Y Adams,M Y Aiken Y Anderson YArgo Auten Y Balkcom Y Bargeron YBaugh YBeal YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruss Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers YChilds Y Clark,B Y Clark,L Y Colbert Y Coleman Collins Colwell Connell Y Couch YCox Y Crawford YCrosby Y Culpepper Y Cummings Darden Daugherty Y Davis.B Y Davis,J Y Davis.L Dean Dent Y Dbron YDobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Galer Y Ginsberg Glover YGodbee Greer Ham Hamilton Y Hanner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks YHome Hutchinson Ylrvin Isakson Y Jackson,J Y Jackson.N Y Jackson,W Y Jessup Y Johnson.G Y Johnson.R Y Jones,B Y Jones.H Karrh Kemp Y Kilgore Lambert YLane,D YLane,R Y Lawson YLee YLogan Long Lord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinai Y Nicholson YNix Y Oliver Y Padgett YParham Patten Y Perry Peters Y Phillips.B Phillips,L.L Y Phfflips,R.T PhiUip8,W.R Y Pilewicz Y Pinkston Rainey Y Ralston YRamsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Smith,T Smith,V Smyre YSnow Y Steinberg Swann Y Thomas Y Thompson Y Townsend Y Triplett YTuten YTwiggs Y Vandiford Y Vaughn YVeazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y WiUiams.B.J Williams,H Y Williams.R Y Wilson YWoodJ Y WoodJ.T Y Workman Speaker Murphy On the passage of the Bill, by substitute, the ayes were 137, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. 2130 JOURNAL OF THE HOUSE, HB 1558. By: Representatives Lawson, Wood and Jackson of the 9th: A BILL to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to change the time of performing certain actions of parties and of the court in dispossessory and distress warrant proceedings; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adanu,G Adams.J Y Adams.M YAiken Y Andenon YArgo Auten YBalkcom YBargeron YBaugh YBeal YBeck Y Benefield Benn YBirdsong Bishop N Bolster Y Branch YBray Brooks YBuck YBurruss Burton YByrd YCason Y Castleberry Y Chamberlin Y Chamblen Chance Y Cheeks N Childen N Childs Clark.B Y Clark,L N Colbert Coleman Collins YColweU ConneU Y Couch YCor Crawford Y Crosby Y Culpepper Y Cummings Darden Daugherty Davis,B YDavisJ Y Davis,L Dean Dent Y Diion YDobbs Y Dover Y Edwards Elliott Y Evans YFelton Fortune Y Foster N Fuller.C NGaler Y Ginsberg Y Glover Y Godbee Greer NHam N Hamilton Hanner Y Harris Harrison Y Hasty Hawkins YHays Hill Holmes Y Hooks YHorne Hutchinson Ylrvin Isakson Y Jackson.J Y Jackson.N Y Jackson.W Y Jessup Y Johnson.G Y Johnson.R Jones.B Y Jones.H Karrh YKemp Y Kilgore Y Lambert YLane,D YLane.R YUwson YLee YLogan Long Lord YLowe Y Lucas Y Mangum YMann Marcus N Martin Y Matthews YMcCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinaz Y Nicholson YNi* Y Oliver Y Padgett YParham Patten Y Perry Peters Phillips.B Phillips.L.L Y Phillips,R.T Phillips,W.R Y Pilewicz Y Pinkston Rainey Ralston YRamsey Randall Y Reaves N Richardson Y Robinson YRose YRoss Rowland Y Russell Y Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith,V Smyre YSnow Steinberg YSwann Y Thomas Y Thompson Townsend Y Triplett Tuten YTwiggs Vandiford Vaughn Y Veazey Waddle Y Walker YWall Y Ware Watson White Y Widener Y Williams.B.J Williams.H Y Williams.R Y Wilson Y WoodJ Y WoodJ.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 116, nays 10. The Bill, having received the requisite constitutional majority, was passed. Representatives Vandiford of the 53rd and Phillips of the 125th stated that they had been called from the floor of the House during the preceding roll call and requested that they be recorded as voting "aye" thereon. HB 364. By: Representative Coleman of the 118th: A BILL to amend Code Chapter 34-13, relating to preparation for and conduct of primaries and elections, so as to change the number of electors which a person may assist in any primary or election; to require electors to show identification upon request of poll officers; and for other purposes. The following Committee substitute was read and withdrawn: A BILL To amend Code Section 34-1013, relating to qualification fees and distribution of fees, as amended, so as to change the provisions relating to the distribution of fees; to provide FRIDAY, MARCH 12, 1982 2131 for other matters relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA: Part 1 Section 1. Code Section 34-1013, relating to qualification fees and distribution of fees, as amended, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section to read as follows: "34-1013. (a) Qualification fees for party and public offices shall be fixed and pub lished as follows: (1) The governing authority of any county, not later than March 1 in any year in which a general primary or election is to be held (except that in the year 1970 such date shall be April 1), and at least 20 days prior to the election in the case of a special election, shall fix and publish a qualifying fee for each county or militia district office to be filled in the upcoming primary or election. Such fee shall be four per cent, of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed four per cent, of the income derived from such office by the person holding the office for the preceding year, except that the fee for the office of justice of the peace shall be $10. (2) Within the same time limitation, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a State political party and each non-primary candidate filing with the Secretary of State his notice of candidacy for the general or special election. Such fee shall be four per cent, of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed four per cent, of the income derived from such office by the person holding the office for the preceding year; (3) A reasonable qualifying fee may be set according to party rule for each party office to be filled in a primary. Such fees shall be set and published by the county or State political party not later than March 1 of the year in which the primary is to be held for the filling of such party office (except that in the year 1970 the date shall be April 1). (b) Qualifying fees shall be paid as follows: (1) The qualifying fee for a candidate in a primary shall be paid to the county or State political party at the time the candidate qualifies; (2) The qualifying fee for all other candidates shall be paid to the superintendent or Secretary of State at the time the notice of candidacy is filed by the candidate. (c) Qualifying fees shall be pro-rated and distributed as follows: (1) Fees paid to the county political party: 50 per cent, to be retained by the county political party with which the candidate qualified; 50 per cent, to be trans mitted to the superintendent of the county with the party's certified list of candidates not later than noon of the third Wednesday in June in the case of a general primary, and by noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election; (2) Fees paid to the State political party: 50 per cent, to be retained by the State political party; 50 per cent, to be transmitted to the Secretary of State with the party's certified list of candidates not later than noon of the third Wednesday in June in the case of a general primary, and by noon of the day following the closing of quali fications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the State treasury, and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, then such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election; 2132 JOURNAL OF THE HOUSE, (3) Qualification fees paid to the superintendent of the county shall be transmitted by the superintendent as soon as practicable to the general fund of the governing authority of the county, to be applied toward the cost of holding the election; (4) Qualification fees paid to the Secretary of State shall be pro-rated and distrib uted as follows: 25 per cent, to be transmitted to the State treasury; 75 per cent, to be transmitted to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the payment of the cost of holding the election. If the office sought by the candidate is filled by the vote of elec tors of more than one county, then such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election." Part 2 Section 2. Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to fixing and publishing of qualification fees, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 21-2-131 to read as follows: "21-2-131. (a) Qualification fees for party and public offices shall be fixed and pub lished as follows: (1) The governing authority of any county, not later than March 1 of any year in which a general primary or election is to be held, and at least 20 days prior to the election in the case of a special election, shall fix and publish a qualifying fee for each county or militia district office to be filled in the upcoming primary or election. Such fee shall be 3 4 percent of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed 8 4 percent of the income derived from such office by the person holding the office for the preceding year, except that the fee for the office of justice of the peace shall be $10.00; (2) Within the same time limitation as provided in subsection (a) of this Code sec tion, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and each nonprimary candidate filing with the Secretary of State his notice of candidacy for the general or special election. Such fee shall be 3 4 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 4 percent of the income derived from such office by the person hold ing the office for the preceding year; (3) A reasonable qualifying fee may be set according to party rule for each party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than March 1 of the year in which the primary is to be held for the filling of such party office. (b) Qualifying fees shall be paid as follows: (1) The qualifying fee for a candidate in a primary shall be paid to the county or state political party at the time the candidate qualifies; (2) The qualifying fee for all other candidates shall be paid to the superintendent or Secretary of State at the time the notice of candidacy is filed by the candidate. (c) Qualifying fees shall be prorated and distributed as follows: (1) Fees paid to the county political party: 26 50 percent to be retained by the county political party with which the candidate qualified; W 50 percent to be trans mitted to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the third Wednesday in June in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election; (2) Fees paid to the state political party: 2 50 percent to be retained by the state political party; 36 50 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the third Wednesday FRIDAY, MARCH 12, 1982 2133 in June in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be trans mitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election; (3) Qualification fees paid to the superintendent of the county shall be transmitted by the superintendent as soon as practicable to the general fund of the governing authority of the county, to be applied toward the cost of holding the election; (4) Qualification fees paid to the Secretary of State shall be prorated and distrib uted as follows: 25 percent to be transmitted to the state treasury; 75 percent to be transmitted to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the payment of the cost of holding the election. If the office sought by the candidate is filled by the vote of elec tors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election." Parts Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by Representatives Murphy of the 18th and Bray of the 70th, was read and adopted: A BILL To amend Code Section 34-1013, relating to qualification fees and distribution of fees, as amended, so as to change the provisions relating to the distribution of fees; to provide for other matters relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Section 34-1013, relating to qualification fees and distribution of fees, as amended, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section to read as follows: "34-1013. (a) Qualification fees for party and public offices shall be fixed and pub lished as follows: (1) The governing authority of any county, not later than March 1 in any year in which a general primary or election is to be held (except that in the year 1970 such date shall be April 1), and at least 20 days prior to the election in the case of a special election, shall fix and publish a qualifying fee for each county or militia district office to be filled in the upcoming primary or election. Such fee shall be three per cent, of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed three per cent, of the income derived from such office by the person holding the office for the preceding year, except that the fee for the office of justice of the peace shall be $10. 2134 JOURNAL OF THE HOUSE, (2) Within the same time limitation, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a State political party and each non-primary candidate filing with the Secretary of State his notice of candidacy for the general or special election. Such fee shall be three per cent, of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed three per cent, of the income derived from such office by the person holding the office for the preceding year; (3) A reasonable qualifying fee may be set according to party rule for each party office to be filled in a primary. Such fees shall be set and published by the county or State political party not later than March 1 of the year in which the primary is to be held for the filling of such party office (except that in the year 1970 the date shall be April 1). (b) Qualifying fees shall be paid as follows: (1) The qualifying fee for a candidate in a primary shall be paid to the county or State political party at the time the candidate qualifies; (2) The qualifying fee for all other candidates shall be paid to the superintendent or Secretary of State at the time the notice of candidacy is filed by the candidate. (c) Qualifying fees shall be pro-rated and distributed as follows: (1) Fees paid to the county political party: 50 per cent, to be retained by the county political party with which the candidate qualified; 50 per cent, to be trans mitted to the superintendent of the county with the party's certified list of candidates not later than noon of the third Wednesday in June in the case of a general primary, and by noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election; (2) Fees paid to the State political party: 50 per cent, to be retained by the State political party; 50 per cent, to be transmitted to the Secretary of State with the party's certified list of candidates not later than noon of the third Wednesday in June in the case of a general primary, and by noon of the day following the closing of quali fications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the State treasury, and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, then such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election; (3) Qualification fees paid to the superintendent of the county shall be transmitted by the superintendent as soon as practicable to the general fund of the governing authority of the county, to be applied toward the cost of holding the election; (4) Qualification fees paid to the Secretary of State shall be pro-rated and distrib uted as follows: 25 per cent, to be transmitted to the State treasury; 75 per cent, to be transmitted to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the payment of the cost of holding the election. If the office sought by the candidate is filled by the vote of elec tors of more than one county, then such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election." Part 2 Section 2. Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to fixing and publishing of qualification fees, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 21-2-131 to read as follows: "21-2-131. (a) Qualification fees for party and public offices shall be fixed and pub lished as follows: FRIDAY, MARCH 12, 1982 2135 (1) The governing authority of any county, not later than March 1 of any year in which a general primary or election is to be held, and at least 20 days prior to the election in the case of a special election, shall fix and publish a qualifying fee for each county or militia district office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed 3 percent of the income derived from such office by the person hold ing the office for the preceding year, except that the fee for the office of justice of the peace shall be $10.00; (2) Within the same time limitation as provided in subsection (a) of this Code sec tion, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and each nonprimary candidate filing with the Secretary of State his notice of candidacy for the general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year; (3) A reasonable qualifying fee may be set according to party rule for each party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than March 1 of the year in which the primary is to be held for the filling of such party office. (b) Qualifying fees shall be paid as follows: (1) The qualifying fee for a candidate in a primary shall be paid to the county or state political party at the time the candidate qualifies; (2) The qualifying fee for all other candidates shall be paid to the superintendent or Secretary of State at the time the notice of candidacy is filed by the candidate. (c) Qualifying fees shall be prorated and distributed as follows: (1) Fees paid to the county political party: 26 50 percent to be retained by the county political party with which the candidate qualified; 76 50 percent to be trans mitted to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the third Wednesday in June in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election; (2) Fees paid to the state political party: 26 50 percent to be retained by the state political party; 75 50 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the third Wednesday in June in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be trans mitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election; (3) Qualification fees paid to the superintendent of the county shall be transmitted by the superintendent as soon as practicable to the general fund of the governing authority of the county, to be applied toward the cost of holding the election; (4) Qualification fees paid to the Secretary of State shall be prorated and distrib uted as follows: 25 percent to be transmitted to the state treasury; 75 percent to be transmitted to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the payment of the cost of holding the election. If the office sought by the candidate is filled by the vote of elec tors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election." 2136 JOURNAL OF THE HOUSE, Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G YAdamM Y Adama.M YAiken Y Anderson YArgo Auten YBalkcom Y Bargeron YBaugh YBeal YBeck Y Bemfield Benn Y Birdwmg Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruss Burton YByrd Y Canon Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Coleman Collins Y Cohvell Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Darden Daugherty Davis.B NDavisJ Y Davis.L Dean YDent Y Dixon YDobbs Y Dover Y Edwards Elliott Y Evans Y Felton Fortune Foster Y FuUer.C YGaler Y Ginsberg Glover YGodbee Greer YHam Y Hamilton Hanner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks Y Home Hutchinson Ylrvin Isakson Y Jackson,J Y Jackson.N Y Jackson,W Y Jessup Y Johnson.G Y Johnson.R Jones,B Y Jones.H YKarrh YKemp Y Kilgore Lambert Y Lane.D YLane,R Y Lawson YLee YLogan Long Lord YLowe Lucas Y Mangum YMann Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNii Y Oliver Y Padgett YParham Patten Y Perry Peters Y Phillips.B Phillips,L.L Y Phillips,R.T Y Phillips.W.R Y Pilewicz Y Pinkston Rainey Ralston YRamsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Rowland Y Russell Y Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V YSmyre YSnow Y Steinberg YSwann Y Thomas Y Thompson Townsend Y Triplett Tuten Y Twiggs Y Vandiford Vaughn Veazey Waddle Y Walker YWall Y Ware Watson White N Widener Y Williams.B.J N Williams,H Williams.R Y Wilson Y WoodJ Y Wood,J.T Y Workman Y Speaker Murphy On the passage of the Bill, by substitute, the ayes were 130, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute. The Speaker announced the House in recess until 1:15 o'clock, this afternoon. FRIDAY, MARCH 12, 1982 2137 AFTERNOON SESSION The Speaker called the House to order. Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time: HB 1776. By: Representative Birdsong of the 103rd: A BILL to amend Code Section 59-105, relating to the compensation of jury commissioners, so as to change the provisions relative to such compensation; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following substitute, offered by Representative Birdsong of the 103rd, was read and adopted: A BILL To amend Code Section 59-105, relating to the compensation of jury commissioners, so as to change the provisions relative to such compensation; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Section 59-105, relating to the compensation of jury commissioners, is amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 59-105 to read as follows: "59-105. Same, compensation of commissioners and clerk for revising jury lists. Jury commissioners shall receive $6 $25 each day for every day's service in revising the jury lists, to be paid from the county treasury. The clerk of the board shall receive $6 $25 for each day's service, to be paid in like manner. The grand jaries governing authorities of the respective counties shall have the right to provide (fit additional increase the com pensation provided for above for said commissioners and clerk net te exceed $36 in an amount not exceeding $10 for each day's service." Part 2 Section 2. Code Section 15-12-24 of the Official Code of Georgia Annotated, relating to compensation of jury commissioners, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 15-12-24 to read as follows: "15-12-24. Jury commissioners shall receive $6.00 $25.00 for each day's service in revising the jury lists, to be paid from the county treasury. The clerk of the board shall receive $6.00 $25.00 for each day's service, to be paid in like manner. The gfand juries governing authorities of the respective counties shall have the right to provide for addi tional increase the compensation provided for above for the commissioners and clerk net te exceed $26.00 in an amount not exceeding $10.00 for each day's service." Parts Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. 2138 JOURNAL OF THE HOUSE, Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.J Y Adams.M Y Aiken Y Andergon YArgo Auten YBalkcom Y Bargeron YBaugh Beal YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Burruss Y Burton YByrd Y Canon N Castleberry Y Chamberlin Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Clark,L Y Colbert Coleman Collins Y Colwell Y Connell Y Couch Coi Crawford YCrosby Culpepper Cummings Darden Daugherty Y Davis,B Y Davis,J Y Davis,L Dean Dent Y Biion YDobbs Y Dover Edwards Elliott Y Evans Y Felton Y Fortune Foster Y Fuller.C YGaler Y Ginsberg Glover God bee Greer YHam Hamilton Hanner Harris Y Harrison Y Hasty Hawkins Hays Hill Y Holmes Hooks YHorne Hutchinson Irvin Y Isakson Jackson,J Y Jackson.N Jackson.W Jessup Johnson.G Y Johnson,R Y Jones.B Jones.H Karrh Kemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan Long Lord YLowe Y Lucas Y Mangum Mann Marcus Y Martin Y Matthews McCollum McDonald McKinney Miles Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Nicholson YNil Y Oliver Padgett YParham Patten Y Perry Peters Phillips.B Phillips,L.L Phillips,R.T Phillips,W.R Pilewicz Y Pinkston Rainey Y Ralston Ramsey Y Randall Y Reaves Y Richardson Robinson YRose Ross Rowland Y Russell Y Savage Scott,A Scott,D Y Shepard Y Sherrod Sizemore Y Smith,T Smith.V Smyre Snow Steinberg Swann Thomas Y Thompson Y Townsend Triplett Tuten YTwiggs Y Vandiford Y Vaughn Veazey Y Waddle Walker YWall Ware Y Watson White Y Widener Williams,B.J Williams.H Williams.R Wilson YWood,J WoodJ.T Y Workman Speaker Murphy On the passage of the Bill, by substitute, the ayes were 91, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute. Representative McCollum of the 134th stated that he had been called from the floor of the House during the preceding vote. He wished to be recorded as voting "aye" thereon. HR 782. By: Representatives Logan of the 62nd, Russell of the 64th and Argo of the 63rd: A RESOLUTION designating the Georgia Museum of Art at the University of Georgia as the State Museum of Art of the State of Georgia; and for other pur poses. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 93, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 1326. By: Representatives McCollum of the 134th, Snow of the 1st, Walker of the 115th, Jones of the 126th, Burruss of the 21st, and others: A BILL to amend FRIDAY, MARCH 12, 1982 2139 Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and punishment of criminal defendants, so as to provide for alterna tive sentences of public work; and for other purposes. The following substitute, offered by Representative McCollum of the 134th, was read: A BILL To amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and punishment of criminal defendants, so as to provide for alternative sen tences of public work; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and punishment of criminal defendants, is amended by adding a new Article 4 to read as follows: "ARTICLE 4 17-10-80. If the sentence otherwise imposed upon any convicted misdemeanant or felon for a crime which did not involve violence or the threat of violence is a period of confinement of two years or less, the judge may in his discretion impose an alternative sentence of public work and allow the defendant to elect which sentence to serve. 17-10-81. The alternative sentence shall direct that the defendant shall do public work on such projects as are selected by the county governing authority and under the supervision of the county sheriff or county police chief. The alternative sentence shall specify the number of days and number of hours each day during which such public work is to be performed. The alternative sentence shall not make it impossible for the defendant to secure and hold gainful employment during the period of the sentence if the defendant or his family are dependent upon the defendant's earnings. The alterna tive sentence shall also specify an amount of a fee to be paid by the defendant to the county to defray some of the costs incurred in the administration of this program. 17-10-82. Upon failure of any convicted person to comply with the terms of the alter native sentence which he has elected to serve, the sheriff or county chief of police shall take the convicted person into custody and notify the sentencing court of such facts. The court shall promptly set and hold a hearing to inquire into the alleged failure of compliance. If the court finds that the convicted person has failed to comply with the terms of the alternative sentence, he shall order the convicted person to serve out that fraction of the original sentence of confinement which is equivalent to the fraction of the alternative sentence not successfully completed. 17-10-83. The governing authority of each county in which alternative sentences are being served shall select projects suitable for such public work and shall provide the nec essary equipment, supplies, and technical supervision. The governing authority may pur chase any insurance which may in the judgment of the governing authority be necessary to implement the alternative sentencing program in that county. 17-10-84. Nothing in this article shall authorize peonage, and this article shall be construed and diligently administered to prevent peonage. Nothing in this article shall limit the power of any court to enter any otherwise lawful sentence." Section 2. This Act shall become effective on January 1, 1983. Section 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Fuller of the 27th moves to amend the substitute to HB 1326 as fol lows: 2140 JOURNAL OF THE HOUSE, On page 1, line 24, insert after "police chief the words "or state court". The substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended. On the passage of the Bill, by substitute, as amended, the ayes were 97, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. HB 1714. By: Representatives Snow of the 1st and Castleberry of the lllth: A BILL to amend Code Section 15-6-89 of the Official Code of Georgia Annotated, relating to additional remuneration for clerks of the superior courts, so as to add provi sions relative to the abolishment of certain courts; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 104, nays 4. The Bill, having received the requisite constitutional majority, was passed. HB 1256. By: Representative Lane of the 40th: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to pro vide for a State Boxing Commission; and for other purposes. The following Committee substitute was read: A BILL To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for a State Boxing Commission; to provide for its mem bership, meetings, powers, and duties; to provide for certain licenses; to provide for fees; to provide for penalties; to provide effective dates; to provide for the repeal of this Act on a certain date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding at the end thereof a new Chapter 52 to read as fol lows: "CHAPTER 52 43-52-1. As used in this chapter, the term: (1) 'Applicant' means any person, firm, or corporation promoting or holding a pro fessional boxing match in Georgia. (2) 'Commission' means the State Boxing Commission. (3) 'Local license' means any license required to be obtained from a county or municipality in order to hold a professional boxing match within such county or municipality. 43-52-2. (a) The State Boxing Commission is created which shall have concurrent jurisdiction with county and municipal governments to license the promotion or holding of each professional boxing match promoted or held within this state. (b) The commission shall be composed of six members, two of whom shall be appointed by the Governor, two of whom shall be appointed by the President of the FRIDAY, MARCH 12, 1982 2141 Senate, and two of whom shall be appointed by the Speaker of the House of Representa tives. One of the Governor's, one of the President of the Senate's, and one of the Speaker's initial appointments shall be for initial terms of two years and the remaining appointment of each officer shall be for initial terms of four years. Thereafter, successors shall be appointed for terms of four years. One of the Governor's and one of the Presi dent of the Senate's appointments shall be from the field of professional athletics. One of the Speaker's appointments shall be from the field of reporting professional athletic events. Vacancies shall be filled for the unexpired term under the same procedures and requirements as appointments for full terms. (c) The commission shall elect a chairman from among its own membership for a term of two years, and successor chairmen shall hold office for terms of two years. The commission may elect a vice-chairman from its membership for such term as the com mission may determine. Any member serving as chairman shall be eligible for successive election to such office by the commission. The joint-secretary shall serve as secretary of the commission and perform for the commission the duties required of the jointsecretary as provided in Chapter 1 of this Title. (d) Each member of the commission shall be reimbursed for expenses and travel as provided in subsection (f) of Code Section 43-1-2. 43-52-3. Before any person, firm, or corporation shall promote or hold a professional boxing match within the state, it shall first be necessary to obtain, in addition to any local license that may be required, a state license from the commission. The applicant shall make application to the commission on a form provided for such purpose by the commission. The chairman of the commission, upon receiving such an application accompanied by due proof that any required local license has been issued to the appli cant and by a cashier's check made out to the State Boxing Commission for an amount determined by the commission but not less than $100.00 which shall be a nonrefundable fee, shall, within ten days of receiving same, call a meeting of the commission for the purpose of approving or rejecting the application. The application shall also be accompa nied by a performance bond in such amount as the commission may require. At the dis cretion of the commission, the fee or any portion thereof may be waived if the major portion of the gross receipts of any boxing match goes to charity. The meeting shall be held at a place designated by the chairman within 20 days of the chairman's call. 43-52-4. (a) The commission shall meet on call of the chairman or upon the call of any four members and shall decide by majority vote whether or not to issue any state license requested. The commission is authorized to inquire into the financial backing of any professional boxing match and to obtain answers to written \>r oral questions pro pounded to the applicant or others associated with such match. The commission shall not issue the requested state license unless: (1) Any required local license has first been issued to the applicant, which local license remains valid and unrevoked; and (2) The commission has determined, on the basis of facts submitted or available to it, that no harm to the health, welfare, morals, or safety of the citizens of Georgia will result from the holding of such match. (b) The commission may, by majority vote, after prior notice to the holder of the state license and after affording such holder an opportunity to be heard on the question of revocation of the state license, revoke the state license. 43-52-5. As used in this chapter, anyone acting as a matchmaker, an agent of a matchmaker, and those having a direct financial interest in the gross or net receipts from the boxing match who have worked actively to encourage interest in the match or to arrange for presentation thereof shall be deemed to be promoters. 43-52-6. (a) It shall be unlawful for any person, firm, or corporation to promote or hold any professional boxing match without having first obtained a state license from the commission or to continue to promote or to hold such match without valid, current state and required local licenses covering such match. (b) Violations of this chapter shall be punished as for a misdemeanor." Section 2. This Act shall become effective on November 1, 1982 for administrative purposes and for the purposes of the appointment of the members of the State Boxing 2142 JOURNAL OF THE HOUSE, Commission to take office on January 1, 1983. This Act shall be effective for all purposes on January 1, 1983. Section 3. This Act shall stand repealed in its entirety on June 30, 1983, notwith standing the terms of office of the members of the State Boxing Commission established by subsection (b) of quoted Code Section 43-52-2 of Section 1 of this Act. Section 4. All laws and parts of laws in conflict with this Act are repealed. The following amendments were read and adopted: Representative Davis of the 99th moves to amend the Committee substitute to HB 1256 by adding a new section to Section 43-52-6 on page 4 to be designated as "c" to read as follows" "(c) The commission shall adopt rules and regulations to enforce the provisions of this Act." Representative Lane of the 40th moves to amend the Committee substitute to HB 1256 by striking on page 2, line 4 the word "six" and substitute the word "three" and on page 2, line 5 strike the word "two" and insert the word "one". Also on line 7, page 2 strike the word "two" and insert the word "one". Strike beginning with the word "one" on line 8, page 2 all words through the word "events" and the subsequent period on line 18, page 2. Add following the sentence ending on line 8, page 2 the following sentence: "All initial appointments shall be for initial terms of 2 years and subsequent appoint ments shall be for terms of 4 years." Also add subsequent to the number "2" on page 2, line 35 the words "not to exceed $44.00 per day, per member." On page 3, line 13 strike the figure "$100.00" and insert the figure "$150.00". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the ayes were 92, nays 8. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. HB 1900. By: Representative Williams of the 6th: A BILL to amend Title 21 of the Offi cial Code of Georgia Annotated, relating to elections, so as to substitute the terms "precinct" and "voting precinct" for the term "election district"; to require county and municipal precinct boundaries to meet certain standards; and for other purposes. The following amendment was read and adopted: The Committee on State of Republic moves to amend HB 1900 by striking the word "January" on line 12 of page 3 and inserting in lieu thereof the word "July". By striking the figure "1983" on line 16 of page 3 and inserting in lieu thereof the figure "1984". FRIDAY, MARCH 12, 1982 2143 By striking "July 1, 1983" on line 25 of page 3 and inserting in lieu thereof the follow ing: "January 1, 1984". By striking the figure "1983" on line 2 of page 10 and inserting in lieu thereof the figure "1984". By striking "August 1, 1983" on line 11 of page 4 and inserting in lieu thereof the following: "February 1, 1984". By striking the word "January" on line 33 of page 9 and inserting in lieu thereof the word "July". By striking "July 1, 1983" on line 11 of page 10 and inserting in lieu thereof the fol lowing: "January 1, 1984". By striking "August 1, 1983" on line 31 of page 10 and inserting in lieu thereof the following: "February 1, 1984". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.J Y Adaras.M Y Aiken Y Anderson Argo Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Y 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 Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover YGodbee Greer YHam Hamilton Y Manner Harris Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks Y Home Hutchinson Ylrvin Y Isakson Y Jackson,J Jackson.N Y Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones.B Jones,H Y Karrh Kemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan Long Lord YLowe Lucas Y Mangum Mann Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Peters Phillips.B Y Phillips,L.L Y Phillips.R.T Y Phillips,W.R Y Pilewicz Y Pinkston Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell On the passage of the Bill, as amended, the ayes were 131, nays 0. Y Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Smith.T Smith,V Y Smyre Snow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Triplett YTuten YTwiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker Y Wall Ware Watson 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 2144 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed, as amended. The following Resolution of the House was taken up for the purpose of considering the Senate substitute thereto: HR 634. By: Representatives Matthews of the 145th and Collins of the 144th: A RESOLU TION proposing an amendment to the Constitution so as to remove the maxi mum amount of interest that bonds issued by the Moultrie-Colquitt County Development Authority may bear and the maximum amount of interest that the Authority may pay on funds borrowed from financial institutions; and for other purposes. The following Senate substitute was read: A RESOLUTION Proposing an amendment to the Constitution so as to remove the maximum amount of interest that bonds issued by the Moultrie-Colquitt County Development Authority may bear and the maximum amount of interest that the Authority may pay on funds borrowed from financial institutions; to provide for a code of ethics for members of the Authority; to prohibit certain persons from serving on the Authority; to provide for the notification of meetings of the Authority; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The amendment to the Constitution of Georgia of 1945 which created the Moultrie-Colquitt County Development Authority, which amendment was ratified at the general election held in 1960 and which is set forth in Ga. L. 1960, p. 1402, as amended, particularly by a resolution ratified at the general election held in 1976 and which is set forth in Ga. L. 1976, p. 1773, and which was continued in full force and effect by the pro visions of the Constitution of Georgia of 1976, is amended by striking therefrom the fol lowing: "I. The Authority is hereby authorized to issue revenue bonds to carry out the pur poses of this amendment. Revenue bonds so issued shall be paid from the income of the Authority from whatever sources received including appropriations of public funds made to it. Such revenue bonds may be authorized by resolutions of the Moultrie-Colquitt County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which revenue bonds are to be issued may include all costs relative to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period, and for six months thereafter and such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty years from their respective dates, bear interest at such rate or rates not exceeding eight percent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may con tain such terms, convenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are hereby declared to be nontaxable for any and all purposes. Such bonds issued by the said Authority shall be validated in the Superior Court of Colquitt County in the same manner as revenue bonds of municipalities are validated as provided in Code sections 87-815 et seq. of the Code of Georgia. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the supreme court or the court of appeals, the judgment of the superior court, confirming and validating the issuance of such bonds, shall be forever conclusive FRIDAY, MARCH 12, 1982 2145 as to the validity of said bonds and the security thereof against said Authority. In addi tion, the Authority is hereby authorized to borrow funds from financial institutions at a rate of interest not to exceed eight percent per annum.", and inserting in lieu thereof the following: "I. The Authority is authorized to issue revenue bonds to carry out the purposes of this amendment. Revenue bonds so issued shall be paid from the income of the Author ity from whatever sources received including appropriations of public funds made to it. Such revenue bonds may be authorized by resolutions of the Moultrie-Colquitt County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority, in determining the cost of any undertaking for which revenue bonds are to be issued, may include all costs rela tive to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period and for six months thereafter; and such bonds shall bear such date or dates, mature at such time or times not exceeding 30 years from their respective dates, bear interest at such rate or rates and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, convenants, assignments, and condi tions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are declared to be nontaxable for any and all purposes. Such bonds issued by said Authority shall be validated in the Superior Court of Colquitt County in the same manner as revenue bonds of municipali ties are validated as provided in Code Sections 36-82-74 through 36-82-83 of the Official Code of Georgia Annotated. In the event no bill of exceptions shall be filed within the time prescribed by law or, if filed, the judgment shall be affirmed by the Supreme Court or the Court of Appeals, the judgment of the superior court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security thereof against said Authority. In addition, the Authority is authorized to borrow funds from financial institutions." Section 2. Said amendment, as amended, is further amended by adding after the paragraph which reads as follows: "N. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of the City of Moultrie, Col quitt County or the State of Georgia.", the following: "0. The members of the Authority shall represent the citizens of Moultrie and Col quitt County in a fiduciary capacity while carrying out their duties. Each member of the Authority shall: (1) Uphold the Constitution, laws, and regulations of the United States, the State of Georgia, and all governments therein and never be a party to their evasion; (2) Never discriminate by the dispensing of special favors or privileges to anyone, whether or not for remuneration; (3) Not engage in any business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of his governmental duties; (4) Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit; (5) Expose corruption wherever discovered; (6) Never solicit, accept, or agree to accept gifts, loans, gratuities, discounts, favors, hospitality, or services from any person, association, or corporation under circum stances from which it could reasonably be inferred that a major purpose of the donor is to influence the performance of the member's official duties; (7) Never accept any economic opportunity under circumstances where he knows or should know that there is a substantial possibility that the opportunity is being afforded him with intent to influence his conduct in the performance of his official duties; (8) Never engage in other conduct which is unbecoming to a member or which con stitutes a breach of public trust; and 2146 JOURNAL OF THE HOUSE, (9) Never take any official action with regard to any matter under circumstances in which he knows or should know that he has a direct or indirect monetary interest in the subject matter of such matter or in the outcome of such official action. P. No person shall be permitted to serve on the Authority if he, or a corporation, partnership, or association in which he is an officer, conducts any business for profit with a person, corporation, partnership, or association which has a loan from the Authority outstanding until such loan is repaid in full. The Authority shall be required to declare a vacancy in the office of any member found violating the provisions of this paragraph. Q. The Authority shall give the public advance notice of all meetings. The advance notice of the meeting shall be given by notifying the broadcast and print news media of the county of the date, time, place, and purpose of the meeting at least 72 hours prior to the date thereof. The notice to the news media may be made by telephone or by writ ten notice. The requirement of advance public notice of a meeting shall not apply to a meeting called as a result of a bona fide emergency, but public notice of the emergency meeting shall be given by the Authority as far in advance of the meeting as practicable under the emergency circumstances." Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to remove the maximum amount of interest that bonds issued by the Moultrie- Colquitt County Development Authority may bear and the maximum amount of interest that the Authority may pay on funds borrowed from financial institutions and to provide a code of ethics for members of the Authority?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos.."" All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Representative Matthews of the 145th moved that the House agree to the Senate sub stitute to HR 634. On the motion, the ayes were 120, nays 0. The motion prevailed. The following Resolution of the House was read and referred to the Committee on Rules: HR 821. By: Representatives Ham of the 80th and Coleman of the 118th: A RESOLU TION creating the House Boating Study Committee; and for other purposes. The following Supplemental Report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, MARCH 12, 1982 Mr. Speaker and Members of the House: Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 12, 1982, by adding the following: HB 1321 Public School Employees Ret.; Disability Benefits FRIDAY, MARCH 12, 1982 2147 HB 1421 Notaries Public, Seal HB 1473 Minors, Sale of Certain Materials HB 1527 License Plates, Amateur Radio Station Operators HB 1529 License Plates, Citizens Band Radio Stations HB 1641 Education, Superintendents Certification Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect. Respectfully Submitted, M Lee of the 72nd Chairman The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1252. By: Representative Watson of the 114th: A BILL to amend Code Chapter 5A-25, relating to state license requirements and regulations for manufacture, distribu tion, and package sales business; to amend the Official Code of Georgia Anno tated accordingly; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bill of the Senate: SB 734. By: Senators Greene of the 26th and Robinson of the 27th: A BILL to amend Code Section 5A-507, relating to the sale of alcoholic beverages on Sundays and election days, so as to change certain population brackets; to amend Code Sec tion 3-3-7 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays and election days, so as to change certain popu lation brackets and census references; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time: HB 1847. By: Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th, Chance of the 129th and Lambert of the 112th: A BILL to provide the compen sation of judges of certain courts of limited jurisdiction; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following amendments were read and adopted: The Committee on Judiciary moves to amend HB 1847 by deleting the period on line 21, page 6, and adding the following: "and any salary in excess of the minimum salary authorized under Section (5) (a) of this Act shall be subject to approval by the county governing authority." By adding at the end of Section 6 on page 7 a new subsection (1) which reads as fol lows: "(1) In the event the fees paid into the fund are insufficient to pay all or a part of the annual salary of the judges and the expenses of the courts, the governing authority 2148 JOURNAL OF THE HOUSE, shall pay into the fund an amount necessary to pay such deficit. In the event the fees paid into the fund exceed the salaries and expenses paid from the fund the excess shall be paid into the county treasury." Representative Burruss of the 21st moves to amend HB 1847 by striking lines 30, 31, 32, and 33 on page 4 and substituting in lieu thereof the following: 0-10,000 10,001-20,000 20,001-49,999 50,000 and over $2,000 $3,000 $4,000 $5,000 $7,000 $8,000 $9,000 $10,000 Representative Dobbs of the 74th moves to amend HB 1847 by striking lines 19 through 33 on page 4 and inserting: "Effective July 1, 1982 each full-time and part-time judge shall be compensated by a salary established by the governing authority of the county." The following amendment was read: Representative Johnson of the 72nd moves to amend HB 1847 by adding a new Sec tion 12 on page 19 as follows: "Section 12. The provisions of this Act shall not apply in any county until the gov erning authority of that county adopts a resolution placing that county under the provi sions of this Act." And by renumbering Section 12 as Section 13. The following amendment was read and adopted: Representative Pinkston of the 100th moves to amend the Johnson amendment to HB 1847 by adding a new line to read as follows: "Except in those counties which have no justices of the peace." The Johnson amendment, as amended, was adopted. The following amendment was read: Representative Pinkston of the 100th moves to amend HB 1847 by adding after the semicolon on line 13 of page 1 the following: "to authorize the judge or judges of superior court of any county to provide for the employment of a warrant officer or officers for certain courts of the county;". By adding a new Section 9.1 to read as follows: "Section 9.1. (a) As used in this section only, the term 'inferior court' means any trial court other than a superior court. (b) The judge or judges of superior court of any county may authorize the employ ment of a warrant officer by any inferior court. (c) The warrant officer shall be appointed by and serve at the pleasure of the judge of the court in which employed. The compensation of the warrant officer shall be fixed by said judge with the approval of the county or city governing authority and paid from funds of the county or city. The warrant officer shall be a person qualified and trained FRIDAY, MARCH 12, 1982 2149 in legal matters relevant to his duties but shall not be required to be an attorney. The warrant officer shall serve in the office of the clerk of the court." By deleting the quotation mark on line 20 of page 19 and adding immediately thereaf ter the following: "15-22-9. (a) As used in this Code section only, the term 'inferior court' means any trial court other than a superior court. (b) The judge or judges of superior court of any county may authorize the employ ment of a warrant officer by any inferior court. (c) The warrant officer shall be appointed by and serve at the pleasure of the judge of the court in which employed. The compensation of the warrant officer shall be fixed by said judge with the approval of the county or city governing authority and paid from funds of the county or city. The warrant officer shall be a person qualified and trained in legal matters relevant to his duties but shall not be required to be an attorney. The warrant officer shall serve in the office of the clerk of the court." On the adoption of the amendment, the ayes were 33, nays 66. The amendment was lost. The following amendment was read and adopted: Representative Snow of the 1st moves to amend HB 1847 by adding on line 33 of page 15 following the word "judges" the following: "and any salary in excess of the minimum salary authorized under subsection (a) of Code Section 15-22-5 shall be subject to approval by the county governing authority". By adding between lines 14 and 15 of page 17 the following: "(1) In the event the fees paid into the fund are insufficient to pay all or a part of the annual salary of the judges and the expenses of the courts, the governing authority shall pay into the fund an amount necessary to pay such deficit. In the event the fees paid into the fund exceed the salaries and expenses paid from the fund, the excess shall be paid into the county treasury." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 109, nays 5. The Bill, having received the requisite constitutional majority, was passed, as amended. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 1223. By: Representatives Miles of the 107th, Cheeks of the 89th, Colbert of the 23rd, and Sherrod of the 143rd: A BILL to amend Code Chapter 84-5, relating to the practice and licensure of chiropractors, so as to continue the Board of Chiro practic Examiners and the laws relating thereto but to provide for the later ter mination of the board and such laws; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. 2150 JOURNAL OF THE HOUSE, The President has appointed on the part of the Senate the following: Senators Greene of the 26th, Robinson of the 27th and Kidd of the 25th. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time: HB 1308. By: Representative Darden of the 19th: A BILL to specify conditions under which an authority created by or pursuant to a local constitutional amendment to promote the development of trade, commerce, industry, and employment opportunities may deal with one of its directors or members or an organization or person with which a director or member is in any way interested or involved; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Committee substitute was read and adopted: A BILL To specify conditions under which an authority created pursuant to the Downtown Development Authorities Law or created by or pursuant to a local constitutional amend ment to promote the development of trade, commerce, industry, and employment opportu nities may deal with one of its directors or members or an organization or person with which a director or member is in any way interested or involved; to provide that no direc tor who is present at any meeting or who participates in any decision of the authority shall be prohibited from providing legal services in connection with any of the undertakings of the authority or from being paid for such services; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act prohibiting members of state boards, bureaus, and commissions from contracting with the agencies on which they serve as members, approved February 13, 1956 (Ga. L. 1956, p. 60), and an Act providing for a code of ethics for members of all boards, commissions, and authorities of state government created by general statute, approved March 5, 1976 (Ga. L. 1976, p. 344), shall apply to all directors and members of any Downtown Development Authority created pursuant to the Downtown Development Authorities Law, approved April 17, 1981 (Ga. L. 1981, p. 1744), as now or hereafter amended, or any authority created by or pursuant to a local constitutional amendment to promote the development of trade, commerce, industry, and employment opportunities to the extent that the Constitution authorizes the General Assembly by law to define further and to enlarge or restrict the powers and duties of any such authority created by or pursu ant to a local constitutional amendment. The provisions of said Acts shall be deemed to have been complied with and any such authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or member or any organization or person with which any director or member of said authority is in any way interested or involved, provided (1) that any interest or involvement by such director or member is disclosed in advance to the directors or members of the authority and is recorded in the minutes of the authority, (2) that no director having a substantial interest or involvement may be present at that portion of an authority meeting during which discussion of any matter is conducted involving any such organization or person, and (3) that no director having a substantial interest or involvement may participate in any decision of the author ity relating to any matter involving such organization or person. As used herein, a "sub stantial interest" shall mean any interest which reasonably may be expected to result in FRIDAY, MARCH 12, 1982 2151 a direct financial benefit to such director or member as determined by the authority, which determination shall be final and not subject to review. Nothing contained herein or in Code Sections 89-916 and 89-953 shall be deemed to prohibit any director who is present at any meeting or who participates in any decision of the authority from providing legal services in connection with any of the undertakings of the authority or from being paid for such services. Part 2 Section 2. Title 36 of the Official Code of Georgia Annotated, relating to local gov ernment, is amended by adding a new Chapter 62A, immediately following Chapter 62, to read as follows: "CHAPTER 62A 36-62A-1. (a) Code Section 45-10-3, relating to code of ethics of members of boards, commissions, and authorities, and Code Section 45-10-23, which prohibits members of boards, bureaus, and commissions from contracting with agencies on which they serve as members, shall apply to all directors and members of any downtown development authority created pursuant to Chapter 42 of this title, known as the 'Downtown Devel opment Authorities Law,' or of any authority created by or pursuant to a local constitu tional amendment to promote the development of trade, commerce, industry, and employment opportunities to the extent that the Constitution authorizes the General Assembly by law to define further and to enlarge or restrict the powers and duties of any such authority created by or pursuant to a local constitutional amendment. The pro visions of paragraph (9) of Code Section 45-10-3 and Code Section 45-10-23 shall be deemed to have been complied with and any such authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or member or any organization or person with which any director or member of said authority is in any way interested or involved, provided (1) that any interest or involvement by such director or member is disclosed in advance to the directors or members of the authority and is recorded in the minutes of the authority, (2) that no director having a substantial interest or involvement may be present at that portion of an authority meeting during which discussion of any matter is conducted involving any such organization or person, and (3) that no director having a substantial interest or involvement may participate in any decision of the authority relating to any matter involving such organization or per son. As used in this subsection, a 'substantial interest' shall mean any interest which reasonably may be expected to result in a direct financial benefit to such director or member as determined by the authority, which determination shall be final and not sub ject to review. (b) Nothing contained herein or in Code Sections 45-10-3 and 45-10-23 shall be deemed to prohibit any director who is present at any meeting or who participates in any decision of the authority from providing legal services in connection with any of the undertakings of the authority or from being paid for such services." Part3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 99, nays 1. 2152 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1774. By: Representatives Ware of the 68th and Mullinax of the 69th: A BILL to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide for the sheriff to give notice to the owner of the last duly recorded warranty deed prior to the advertisement for sale of any real property levied upon by the sheriff for taxes; to specify the form of such notice; and for other purposes. The following amendments were read and adopted: The Committee on Judiciary moves to amend HB 1774 by striking on lines 19 and 20 of page 1 and lines 16 and 17 of page 2 the following: "owner of the last duly recorded warranty deed" and inserting in lieu thereof: "record owner of the property" Representative Evans of the 84th moves to amend HB 1774 by adding the words "the owner" before the word "of on line 20, page 1, and on line 17, page 2. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Andersen Argo Auten Y Balkcom Baigeron Baugh Beat YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks YBuck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch Co* Crawford Y Crosby Y Culpepper Cummings Darden Daugherty Davis.B Y Davis,J Y Davis.L YDean Dent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee N Greer YHam Hamilton Manner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson Ylrvin Isakson Y Jackson,J Jackson.N Jackson.W Y Jessup Y Johnson.G Y Johnson,R Jones.B Jones,H YKarrh YKemp Y Kilgore Lambert YLane,D Y Lane.R Y Lawson YLee YLogan Long Lord YLowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Moody Y Moore Mostiler Y Mullinax Nicholson YNix Y Oliver Padgett Parham Patten Y Perry Peters Phillips,B Phillips.L.L Phillips.R.T Y Phillips,W.R Y Pilewicz Pinkston Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Robinson YRose Ross Rowland Y Russell Y Savage Scott,A Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V YSmyre YSnow Y Steinberg YSwann Thomas Thompson Y Townsend Triplet! Tuten Y Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.B.J Y Williams.H Y Williams.R Y Wilson Y WoodJ WoodJ.T Y Workman Speaker Murphy FRIDAY, MARCH 12, 1982 2153 On the passage of the Bill, as amended, the ayes were 115, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Greer of the 43rd stated that he had inadvertently voted "nay" on the passage of HB 1774, as amended, but intended to vote "aye" thereon. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was again taken up for consideration: HB 1201. By: Representatives Felton of the 22nd, Galer of the 97th, Richardson of the 52nd, Lowe of the 43rd, and others: A BILL to amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts required for pas senger automobiles, so as to provide that parents or legal guardians shall be responsible for placing their children under four years of age in certain child restraint devices when children are being transported in passenger automobiles within this state; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts required for passenger automobiles, so as to provide that the Governor's Office of Highway Safety shall have certain duties under certain conditions to inform the public regarding child restraint systems; to provide for other matters relative to the forego ing; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts required for passenger automobiles, is amended by striking said section in its entirety and substituting in lieu thereof a new Code Section 40-8-76 to read as follows: "40-8-76. (a) No new private passenger automobile shall be sold to the general public in this state unless such automobile shall be equipped with two sets of safety belts for the front seat thereof. The safety belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer. (b) Any person violating subsection (a) of this Code section shall be guilty of a mis demeanor. (c) It shall be the duty of the Governor's Office of Highway Safety to implement and coordinate a program, pending the availability of federal funds, to inform parents and other citizens of Georgia of the necessity to have their children in a federally approved child restraint system for the purpose of protecting the child from injury or death. Such program shall be carried out prior to January 1^ 1984. The Governor's Office of Highway Safety shall solicit the cooperation and assistance of the Medical College of Georgia, the Georgia Hospital Association, the Georgia Association of Educators, the Georgia ParentTeacher Association, and other appropriate organizations in implementing, coordinating, and carrying out the program provided for herein." Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. 2154 JOURNAL OF THE HOUSE, On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G N AdamsJ Y Adams.M YAiken Andenon Argo Auten NBalkcom Bargeron YBaugh Beal Beck Y Benefuld YBenn YBirdsong Y Bishop Y Bolster Y Branch NBray Y Brooks YBuck NBurruss Y Burton YByrd YCason N Castleberry Y Chamberlin Y durables* Chance Y Cheeks YChildere YChilds YClark.B Y Clark,L Colbert Coleman N Coiling N Colwell Connell N Couch Cox Y Crawford Y Crosby Y Culpepper Cummings Darden Daugherty Davis.B Y Davis,J Y Davis.L NDean Dent Y Dixon YDobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune N Foster Y Fuller.C YGaler Y Ginsberg Glover YGodbee NGreer Ham Hamilton Hanner Y Harris Harrison Y Hasty Y Hawkins NHays Hill Y Holmes Y Hooks YHorne Hutchinson Ylrvin Isakson N Jackson,J Jackson,N Jackson.W Y Jessup Johnson,G N Johnson^ Jones,B Jones,H NKarrh Kemp Y Kilgore Lambert YLane,D YLane.R Lawson Lee YLogan Long Lord NLowe Lucas N Mangum Mann Marcus N Martin Y Matthews Y McCollum N McDonald McKinney Y Miles N Milford Y Montgomery Moody Y Moore MoatUer NMullinax Y Nicholson Nix Y Oliver Y Padgett YParham Patten N Perry Peters Phillips.B Phillips,L.L Phillips,R.T N Phillips,W.R Pilewicz Pinkston Rainey N Ralston YRamsey Randall N Reaves Y Richardson Robinson YRose Ross Y Rowland Y Russell Y Savage Scott,A ScottJ) YShepard N Sherrod Y Sizemore Y Smith,T Smith.V YSmyre Snow Y Steinberg YSwann N Thomas Thompson Y Townsend Triplett YTuten Twiggs N Vandiford Vaughn N Veazey Y Waddle Walker N Wall Ware N Watson White Y Widener Y Williams,B.J Y Williams,H Y Williams,R N Wilson Wood,J Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, by substitute, the ayes were 79, nays 33. The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost. Under the general order of business, established by the Committee on Rules, the fol lowing Resolutions of the House were taken up for consideration and read the third time: HR 747. By: Representatives Dixon of the 151st and Crosby of the 150th: A RESOLU TION releasing and quit-claiming to the board of commissioners of Charlton County certain real property in Charlton County; and for other purposes. The report of the Committee, which was' favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y AdamsJ Y Adams.M Aiken Anderson Argo Auten YBalkcom Bargeron Y Baugh Beal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Colbert Y Coleman Y Collins Y Colwell Connell Couch Cox Crawford Y Crosby Y Culpepper Y Cummings Darden Daugherty Davis.B Y Davis,J FRIDAY, MARCH 12, 1982 2155 Y Davis.L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Fuller.C Galer Y Ginsberg Glover Y Godbee YGreer YHam Hamilton Y Banner Y Harris Harrison Y Hasty Y Hawkins Y Hays Hill Y Holmes Y Hooks Y Home Hutchinson Y Irvin Isakson Y Jackson,J Jackson.N Y Jackson, W Y Jessup Y Johnson.G Y Johnson.R Jones.B Jones.H Y Karrh Y Kemp Y Kilgore Lambert Lane,D Y Lane.R Y Lawson Y Lee Y Logan Long Lord Y Lowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinai Y Nicholson Nix Y Oliver Y Padgett Y Parham Patten Y Perry Peters Phillips,B Phillips,L.L Y Phillips.R.T Y Phillips.W.R Y Pilewicz Pinkston Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson Rose Ross Y Rowland Y Russell Y Savage Scott,A Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith, V Y Smyre Y Snow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Walker Y Wall Ware Watson White Widener Y Williams.B.J Y Williams,H Y Williams.R Wilson Y WoodJ Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 122, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 638. By: Representatives Dean of the 29th, Marcus of the 26th, McKinney of the 35th, Couch of the 43rd and Townsend of the 24th: A RESOLUTION Creating the State Lottery Study Committee; and for other purposes. WHEREAS, the cost of furnishing needed services to the citizens of this state contin ues to rise and the annual appropriations for the operation of the state government and the programs administered thereby now amount to well over a billion dollars; and WHEREAS, it is evident that the citizens of this state are overburdened with present taxes and new sources are needed to relieve the taxpayer of the ever-increasing bite out of his paycheck; and WHEREAS, ten states set up lottery operations between 1970 and 1975 in order to bring in additional revenues; and WHEREAS, the Arizona lottery has been in effect for nine months and has provided gross sales of $80 million; and WHEREAS, the New Jersey lottery will provide $176 million to that state this year. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the State Lottery Study Committee to be composed of nine members to be selected as follows: three members of the House of Representatives appointed by the Speaker thereof, three members of the Senate appointed by the Presi dent thereof, and three members appointed by the Governor. The Speaker of the House of Representatives and the President of the Senate shall call the first meeting of the com mittee; and, at the initial meeting, the members of the committee shall elect a chairman, who shall be a legislative member. The committee shall make a comprehensive study of the lottery laws of other states and the feasibility and impact of a lottery in Georgia. The committee is authorized to study all matters relative to the purposes of this resolution. The committee is further authorized to conduct and hold meetings at such times and places as it deems advisable so as better to enable it to perform its duties under this reso lution. The legislative members of the committee shall receive the expenses and allowances 2156 JOURNAL OF THE HOUSE, authorized by law for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized by the Speaker of the House and the President of the Senate. The nonlegislative members of the committee shall receive no compensation from state funds and shall not be reimbursed for expenses. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated or otherwise available to the legislative branch of government. The committee shall make a report of its findings and recommendations by not later than December 31, 1982, on which date the committee shall stand abolished. Such report shall be accompanied by a draft of any legislation the committee may find necessary to imple ment its recommendations. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Aaron N Adams.G N Adams,,) N Adams.M N Aiken N Anderson Argo Auten N Balkcom Bargeron Y Baugh Beal Beck N Benefield YBenn N Birdsong Y Bishop Y Bolster N Branch Bray Y Brooks N Buck N Burruss N Burton NByrd NCason Y Castleberry N Chamberlin Chambless Chance Cheeks N Childers Y Childs Y Clark,B Clark.L Colbert Coleman N Collins N Colwell Conneil Y Couch Cox N Crawford N Crosby Culpepper N Cummings Darden Y Daugherty Davis.B N Davis,J Davis.L YDean Dent N Dixon N Dobbs N Dover Y Edwards Elliott N Evans N Felton Y Fortune Y Foster Y Fuller.C Galer Y Ginsberg Glover N Godbee Greer N Ham Hamilton N Manner N Harris N Harrison N Hasty N Hawkins NHays Hill Y Holmes N Hooks Home Hutchinson N Irvin N Isakson N Jackson,J Jackson.N N Jackson,W N Jessup N Johnson.G N Johnson,R Jones.B Jones,H N Karrh NKemp N Kilgore Lambert N Lane.D N Lane.R N Lawson NLee N Logan Long Lord N Lowe Lucas Mangum Mann Y Marcus N Martin N Matthews McCollum N McDonald Y McKinney Y Miles N Milford Y Montgomery N Moody N Moore N Mostiler N Mullinax Nicholson NNix N Oliver Padgett Parham Patten N Perry Peters Phillips.B Phillips.L.L N Phillips.R.T N Phillips,W.R N Pilewicz Pinks ton Rainey N Ralston N Ramsey Randall N Reaves N Richardson Robinson NRose Ross N Rowland N Russell Y Savage Scott,A Scott,D N Shepard N Sherrod Sizemore N Smith.T Smith.V Y Smyre N Snow Y Steinberg Y Swann N Thomas N Thompson Y Townsend Triplet! N Tuten N Twiggs N Vandiford Vaughn N Veazey Waddle Walker N Wall NWare Watson White N Widener N Williams.B.J Y Williams.H Y Williams.R N Wilson N Wood.J N Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 30, nays 90. The Resolution, having failed to receive the requisite constitutional majority, was lost. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the Senate: FRIDAY, MARCH 12, 1982 2157 SB 712. By: Senator Hudson of the 35th: A BILL to amend Code Section 47-102, relating to state senatorial districts, so as to change the composition of certain senatorial districts; to provide for the incorporation into the Official Code of Georgia Annotated; and for other purposes. SB 730. By: Senator Summers of the 53rd: A BILL to amend Code Section 84-311A, relat ing to the qualifications for auctioneers and apprentice auctioneers, so as to authorize the issuance of an auctioneer's license to certain persons without the necessity for taking an examination; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House and Senate were taken up for consideration and read the third time: HB 1641. By: Representatives Mostiler and Fortune of the 71st and Cummings of the 17th: A BILL to amend Code Section 20-2-53 of the Official Code of Georgia Annotated, relating to certifying the selection of members of county boards of education and county school superintendents, so as to change the provisions rel ative to such certification; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.J Y Adams,M Aiken Y Anderson Argo Auten Y Balkcom Bargeron Baugh Beal YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Branch YBray Y Brooks Buck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Collins Y Colwell Connell Couch Cox Crawford Y Crosby Y Culpepper Y Cummings Darden Y Daugherty Davis,B Y Davis,J Y Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Galer Y Ginsberg Glover Y Godbee Y Greer YHam Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks Home Hutchinson Ylrvin YIsakson Y Jackson,J JacksonrN Y Jackson.W Y Jessup Y Johnson.G Y Johnson,R Jones.B Jones,H YKarrh YKemp Y Kilgore Lambert Y Lane,D Y Lane.R Y Lawson YLee Logan Long Lord YLowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNii Y Oliver Y Padgett Par ham Patten Y Perry Peters Phillips,B Y Phillips.L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Robinson YRose Ross Y Rowland Russell Y Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Y Smyre YSnow Y Steinberg YSwann Thomas Thompson Y Townsend Triplett YTuten YTwiggs Y Vandiford Y Vaughn Y Veazey Waddle Walker Y Wall Ware Watson White Y Widener Y Williams,B.J Y Williams,H Y Williama.R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy On the passage of the Bill, the ayes were 121, nays 0. The Bill, having received the requisite constitutional majority, was passed. 2158 JOURNAL OF THE HOUSE, SB 681. By: Senators Robinson of the 27th, Howard of the 42nd, Starr of the 44th and Stumbaugh of the 55th: A BILL to amend Chapter 2 of Title 43 of the Official Code of Georgia Annotated, relating to review, continuation, and termination of regulatory agencies, so as to provide for performance audits; to provide for responses to certain performance audits; to provide for additional procedures relating thereto; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act creating the Georgia Board of Athletic Trainers, approved March 30, 1977 (Ga. L. 1977, p. 1123), as amended, so as to continue the board and the laws relating thereto until June 30, 1983; to provide for the termination of such board and the repeal of the laws relating thereto; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the same changes mentioned above; to provide for performance audits; to provide for responses to certain performance audits; to provide for additional procedures relating thereto; to provide effec tive dates; to provide for the automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act creating the Georgia Board of Athletic Trainers, approved March 30, 1977 (Ga. L. 1977, p. 1123), as amended, is amended by adding at the end of Section 2 a new subsection (e) to read as follows: "(e) Pursuant to Section 9 of 'The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Georgia Board of Athletic Trainers and the laws relating thereto are hereby continued until June 30, 1983, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board." Part 2 Section 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking from Code Section 43-5-15 the following: "March 30, 1982", and inserting in lieu thereof the following: "June 30, 1983", so that when so amended Code Section 43-5-15 shall read as follows: "43-5-15. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Athletic Trainers shall be terminated on March 30; 1982 June 30, 1983, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8." Section 3. Said Title 43 is further amended by striking in its entirety Code Section 43-2-6, relating to performance audits of regulatory agencies scheduled for termination, and inserting in its place the following: FRIDAY, MARCH 12, 1982 2159 "43-2-6. (a) The state auditor shall conduct a performance audit of each regulatory agency at least once within six years from the date of the last performance audit con ducted or, if the agency was established after January 1, 1980, at least once within six years from the date of its establishment, and thereafter once every six years from the date of the last such performance audit. This audit shall include, without being limited to, a summary listing of the audit findings and a determination regarding each finding as to whether the regulatory agency, the joint-secretary, or both, or some other entity exercises major responsibilities in the area relating to the finding. The performance audit shall be completed by the first day of October during the year such audit is con ducted. (b) A copy of each performance audit conducted pursuant to subsection (a) of this Code section shall be submitted, within 15 days after completion, to: (1) Each member of the Senate and House standing committees to which the regu latory agency has been assigned for review under this chapter; (2) The presiding officers of the Senate and House of Representatives; (3) The Governor, the Attorney General, and the legislative counsel; (4) The chairperson of the audited regulatory agency; and (5) The joint-secretary. (c) Within 30 days after submission of the performance audit, the regulatory agency and the joint-secretary shall each submit a written response as to each audit finding in those areas in which that agency or joint-secretary has been determined by the audit to exercise major responsibilities. Such response shall include, without being limited to, the following: (1) Whether or not the agency or joint-secretary agrees with that finding and the reasons therefor; (2) What steps have been or will be taken to address each issue raised in each finding, whether the steps are regulatory or proposed statutory changes, and the pro posed effective date of any such regulatory changes; and (3) If no steps have been or will be taken to address any issue raised in the find ing, the reasons therefor. (d) No later than February 15 immediately following the submission of a written response under subsection (c) of this Code section, at the request of a standing commit tee assigned review, that response shall be updated and resubmitted by the jointsecretary and audited regulatory agency. (e) Responses required by subsections (c) and (d) of this Code section shall be sub mitted to those persons designated in paragraphs (1), (2), and (3) of subsection (b) of this Code section to receive copies of performance audits. (f) The response of a regulatory agency in addressing or failing to address issues raised in the audit finding, in those areas in which that agency has been determined to exercise major responsibilities, shall be a major consideration regarding the decision by any standing committee concerning its recommendation as to the continuation, termina tion, or reestablishment of that regulatory agency. The report of such committee regard ing such recommendation shall include a specific finding as to whether or not the regulatory agency in question has evidenced good faith efforts to address those issues raised in the performance audit. (g) (1) Any Senate or House standing committee may request at any time, in writ ing, the state auditor to conduct a performance audit of any agency assigned to the committee for review or may -request, in writing, the regulatory agency and the joint- secretary to submit a written response to the last performance audit of that agency conducted by the state auditor. (2) If a performance audit is requested by a standing committee within the time limits provided in subsection (a) of this Code section, it shall be deemed to satisfy the requirement for the performance audit provided in subsection (a) of this Code sec tion." Part3 Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. 2160 JOURNAL OF THE HOUSE, (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by 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 Adams.J Y Adams.M Aiken Y Anderson Argo Auten Y Balkcom Bargeron YBaugh Beal YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Branch YBray Brooks Buck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark.L Y Colbert Y Coleman Collins Y Colwell Connell Couch Cox Y Crawford Y Crosby Y Culpepper Y Cummings Darden Y Daugherty Davis.B Y Davis,J Y Davis.L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards ' Elliott Y Evans Y Felton Y Fortune Y Foster Fuller.C Galer Gins berg Glover YGodbee Y Greer YHam Hamilton Y Banner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks Home Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson.N Y Jackson, W Y Jessup Y Johnson.G Y Johnson.R Jones,B Jones,H YKarrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan Long Lord YLowe Lucas Y Mangum Mann Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Multinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Peters Phillip9,B Y Phillips.L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Pinks ton Rainey Y Ralston Ramsey Randall Reaves Y Richardson Robinson YRose Rosa Y Rowland N Russell Y Savage Scott,A Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg YSwann Thomas Thompson Y Townsend Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Walker Y Wall Ware Watson White Widener Y Williams,B.J Y Williams,H Y Williams,R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy On the passage of the Bill, by substitute, the ayes were 113, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1473. By: Representatives Williams and Foster of the 6th, Nix of the 20th, Ramsey of the 3rd and Darden of the 19th: A BILL to amend Code Chapter 26-35, relating to the sale or display of certain material to minors, so as to prohibit the sale, distribution, or display of certain material to minors; to provide legisla tive intent; to make it unlawful for certain persons falsely to represent their age; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Chapter 26-35, relating to the sale or display of certain material to minors, so as to prohibit the sale, distribution, or display of certain material to minors; FRIDAY, MARCH 12, 1982 2161 to prohibit certain conduct relative to the foregoing; to provide legislative intent; to pro vide definitions; to provide for penalties; to provide exceptions; to provide for other mat ters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Chapter 26-35, relating to the sale or display of certain material to minors, is amended by striking said Code chapter in its entirety and inserting in lieu thereof a new Code Chapter 26-35 to read as follows: "CHAPTER 26-35 SALE, DISTRIBUTION, OR DISPLAY OF CERTAIN MATERIAL TO MINORS 26-3501. During the past several years the sale or display of harmful materials to minors has become a matter of increasingly grave concern to the people of this state. The elimination of such sales and display and the consequent protection of minors from harmful materials are in the best interest of the morals and general welfare of the citi zens of this state in general and of minors in this state in particular. The accomplish ment of these ends can best be achieved by providing public prosecutors with an effective power to commence criminal proceedings against persons who engage in the sale or display of harmful materials to minors. 26-3502. As used in this Code chapter, the term: (1) 'Harmful to minors' means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it: (A) Taken as a whole, predominantly appeals to the prurient, shameful, or mor bid interest of minors; (B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (C) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors. (2) 'Knowingly' means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both: (A) The character and content of any material described herein which is reason ably susceptible to examination by the defendant; and (B) The age of the minor; provided, however, that an honest mistake shall con stitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor. (3) 'Minor' means a person less than 18 years of age. (4) 'Sadomasochistic abuse' means actual or simulated flagellation or torture by or upon a person who is nude, clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained by one so clothed. (5) 'Sexual conduct' means actual or simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks or, if such be female, breasts. (6) 'Sexual excitement' means the condition of human male or female genitals when in a state of sexual stimulation or arousal. (7) 'Sexually explicit nudity' means a state of undress so as to expose the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any por tion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state. 2162 JOURNAL OF THE HOUSE, 26-3503. (a) It shall be unlawful for any person knowingly to sell or loan for mone tary consideration to a minor: (1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harm ful to minors; or (2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors. (b) It shall be unlawful for any person knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show, or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors or to exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by minors not admitted to any such premises. (c) It shall be unlawful for any minor falsely to represent to any person mentioned in subsection (a) or subsection (b) of this Code section or to his agent that such minor is 18 years of age or older with the intent to procure any material set forth in subsection (a) or with the intent to procure such minor's admission to any motion picture, show, or other presentation, as set forth in subsection (b). (d) It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection (a) or subsection (b) hereof or to his agent that he is the parent or guardian of any minor or that any minor is 18 years of age or older with the intent to procure any material set forth in subsection (a) or with the intent to procure such minor's admission to any motion picture, show, or other presentation, as set forth in subsection (b). (e) It shall be unlawful for any person knowingly to exhibit, expose, or display in public at newsstands or any other business or commercial establishment or at any other public place frequented by minors or where minors are or may be invited as part of the general public: (1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harm ful to minors; or (2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors. 26-3504. (a) Any person violating subsection (a), (b), or (e) of Code Section 26-3503 shall be guilty of a misdemeanor of a high and aggravated nature. (b) Any person violating subsection (c) or (d) of Code Section 26-3503 shall be guilty of a misdemeanor. 26-3505. Nothing contained in this Code chapter shall be construed to apply to: (1) The purchase, distribution, exhibition, or loan of any work of art, book, maga zine, or other printed or manuscript material by any accredited museum, library, school, or institution of higher learning; or (2) The exhibition or performance of any play, drama, tableau, or motion picture by any accredited museum, library, school, or institution of higher learning." Part 2 Section 2. Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Geor gia Annotated, relating to the sale or distribution of harmful material to minors, is FRIDAY, MARCH 12, 1982 2163 amended by striking Part 3 in its entirety and inserting in lieu thereof a new Part 3 to read as follows: "Parts 16-12-101. During the past several years the sale or display of harmful materials to minors has become a matter of increasingly grave concern to the people of this state. The elimination of such sales and display and the consequent protection of minors from harmful materials are in the best interest of the morals and general welfare of the citi zens of this state in general and of minors in this state in particular. The accomplish ment of these ends can best be achieved by providing public prosecutors with an effective power to commence criminal proceedings against persons who engage in the sale or display of harmful materials to minors. 16-12-102. As used in this part, the term: (1) 'Harmful to minors' means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it: (A) Taken as a whole, predominantly appeals to the prurient, shameful, or mor bid interest of minors; (B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (C) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors. (2) 'Knowingly' means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both: (A) The character and content of any material described in this article which is reasonably susceptible to examination by the defendant; and (B) The age of the minor; provided, however, that an honest mistake shall con stitute an excuse from liability in this article if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor. (3) 'Minor' means a person less than 18 years of age. (4) 'Sadomasochistic abuse' means actual or simulated flagellation or torture by or upon a person who is nude, clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained by one so clothed. (5) 'Sexual conduct' means actual or simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks or, if such be female, breasts. (6) 'Sexual excitement' means the condition of human male or female genitals when in a state of sexual stimulation or arousal. (7) 'Sexually explicit nudity' means a state of undress so as to expose the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any por tion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state. 16-12-103. (a) It shall be unlawful for any person knowingly to sell or loan for mon etary consideration to a minor: (1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harm ful to minors; or (2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors. 2164 JOURNAL OF THE HOUSE, (b) It shall be unlawful for any person knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show, or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors or to exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by minors not admitted to any such premises. (c) It shall be unlawful for any minor falsely to represent to any person mentioned in subsection (a) or subsection (b) of this Code section or to his agent that such minor is 18 years of age or older with the intent to procure any material set forth in subsection (a) or with the intent to procure such minor's admission to any motion picture, show, or other presentation, as set forth in subsection (b). (d) It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection (a) or subsection (b) of this Code section or to his agent that he is the parent or guardian of any minor or that any minor is 18 years of age or older with the intent to procure any material set forth in subsection (a) of this Code section or with the intent to procure such minor's admission to any motion picture, show, or other presentation, as set forth in subsection (b) of this Code section, (e) It shall be unlawful for any person knowingly to exhibit, expose, or display in public at newsstands or any other business or commercial establishment or at any other public place frequented by minors or where minors are or may be invited as part of the general public: (1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harm ful to minors; or (2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors. 16-12-104. (a) Any person violating subsection (a), (b), or (e) of Code Section 16-12-103 shall be guilty of a misdemeanor of a high and aggravated nature, (b) Any person violating subsection (c) or (d) of Code Section 16-12-103 shall be guilty of a misdemeanor. 16-12-105. Nothing contained in this part shall be construed to apply to: (1) The purchase, distribution, exhibition, or loan of any work of art, book, maga zine, or other printed or manuscript material by any accredited museum, library, school, or institution of higher learning; or (2) The exhibition or performance of any play, drama, tableau, or motion picture by any accredited museum, library, school, or institution of higher learning." Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective 30 days after its approval by the Governor or 30 days after its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: FRIDAY, MARCH 12, 1982 2165 Aaron Y Adarns,G Y Adams.J Y Adams.M Y Aiken Y Anderson Argo Auten N Balkcom Bargeron Y Baugh Beal YBeck Y Benefield NBenn Y Birdsong N Bishop N Bolster Y Branch YBray N Brooks Buck Y Burruss Y Burton YByrd N Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers N Childs Clark.B Y Clark,L Y Colbert Y Coleman Y Collins Y Colwell Connell Y Couch Cox Y Crawford Y Crosby Cul pepper Cummings Y Darden N Daugherty Davis.B Y Davis.J Y Davis.L Dean Dent Y Dixon Y Dobbs Dover N Edwards Elliott Y Evans Y Felton N Fortune Y Foster N Fuller.C Galer Y Ginsberg Glover Y Godbee Y Greer YHam Hamilton Y Hanner Y Harris Y Harrison Y Hasty N Hawkins YHays Hill N Holmes Y Hooks Home Hutchinson Y Irvin Y Isakson Y Jackson.J Jackson.N Y Jackson.W Y Jessup Y Johnson,G Y Johnson.R Jones,B Jones.H Y Karrh Kemp Y Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson YLee Logan YLong Lord YLowe Lucas Y Mangum Mann Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford N Montgomery Y Moody Y Moore Y Mostiler Y Mullinax N Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Peters Phillips.B Y Phillips.L.L Y Phillips.R.T Y Phillips.W.R Y Pilewicz Pinkston Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson N Rose Ross Rowland Y Russell Y Savage Scott.A Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow N Steinberg N Swann Y Thomas Y Thompson N Townsend Triplet! Y Tuten Y Twiggs Y Vandiford Vaughn Y Veazey Waddle Walker Y Wall Y Ware Watson White Y Widener Y Williams.B.J N Williams.H Y Williams.R Y Wilson Y Wood.J Y WoodJ.T N Workman Y Speaker Murphy On the passage of the Bill, by substitute, the ayes were 108, nays 21. The Bill, having received the requisite constitutional majority, was passed, by substi tute. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bill of the Senate: SB 489. By: Senator Scott of the 43rd: A BILL to amend Code Section 68-214, relating to the registration and licensing of motor vehicles, license plates, and revalidation stickers, so as to delete the provision allowing a vehicle to be stored at the owner's expense if a county decal is not affixed to the license plate; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time: HB 1421. By: Representative Twiggs of the 4th: A BILL to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to notaries public, so as to provide proof of appointment for notaries public to purchase or obtain the seal of office; to provide that cer tain practices or conduct shall be unlawful; and for other purposes. 2166 JOURNAL OF THE HOUSE, The following amendment was read and adopted: The Committee on Special Judiciary moves to amend HB 1421 by adding after the words "so as to" on line 3 of page 1 the following: "change provisions for renewal of commissions; to". By adding after the period on line 24 of page 1 the following: "Renewal of a notary public commission may be done in person or by mail at the dis cretion of the clerk of superior court." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y AdamsJ Y Adams.M Aiken Y Anderson Argo Auten Y Balkcom Bargeron YBaugh Beal Beck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Branch Bray Y Brooks Buck Y Burruss Y Burton YByrd YCason Y Castleberry Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Clark,B Y Clark.L Y Colbert Y Coleman Collins Y Colwell Connell Y Couch Cox Y Crawford Crosby Culpepper Y Cummings Y Darden Y Daugherty Davis.B Y DavisJ Y Davis,L Dean Dent Y Dixon YDobbs Y Dover Y Edwards Elliott Y Evans Y Felton Fortune Y Foster Y Fuller.C Galer Y Ginsberg Glover YGodbee Y Greer Ham Hamilton Y Banner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson Irvin Y Isakson Y Jackson.J Jackson.N Y Jackson.W Y Jessup Y Johnson.G Y Johnson,R Jones,B Jones,H YKarrh Kemp Y Kilgore Lambert Y Lane.D Y Lane,R Y Lawson YLee Logan YLong Lord YLowe Lucas Y Mangum Mann Marcus Y Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Peters Phillips.B Y Phillips.L.L Y Phillips,R.T Y Phillips.W.R Y Pilewicz Pinkston Rainey Ralston Ramsey Randall Y Reaves Y Richardson Robinson YRose Ross Y Rowland Y Russell Y Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Walker Wall Y Ware Watson White Y Widener Y Williams.B.J Y Williams,H Williams.R Y Wilson Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, as amended, the ayes were 116, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1527. By: Representatives Crosby of the 150th and Dixon of the 151st: A BILL to amend an Act providing for the issuance of special license tags to motor vehicle owners who operate amateur radio stations, so as to provide for the amount of the additional fee required to obtain such special license plate; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. FRIDAY, MARCH 12, 1982 2167 On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.J Adams,M Aiken Y Anderson Argo Auten YBalkcom Bargeron YBaugh Seal Beck Y Benefield YBenn Birdsong Bishop Y Bolster Y Branch Bray Y Brooks Buck YBurruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childere Y Childs Clark.B Y Clark,L Y Colbert Y Coleman Collins Y Colwell Connell Y Couch Co* Y Crawford YCrosby Culpepper Y Cummings Y Darden Y Daugherty Davis,B Y Davis.J Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Felton Y Fortune Y Foster Fuller.C Galer Ginsberg Glover Y Godbee Greer Ham Hamilton Y Hanner Harris Y Harrison Y Hasty Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson Ylrvin Ylsakson Y Jackson,J Jackson.N Jackson.W Y Jessup Y Johnson.G Johnson.R Jones.B Jones,H YKarrh Kemp Y Kilgore Lambert YLane,D Y Lane,R Y Lawson YLee Logan YLong Lord YLowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson YNix Y Oliver Y Padgett YParham Patten Y Perry Peters Phillips.B Y Phillips.L.L Y Phillips,R.T Phillips,W.R Y Pilewicz Pinkston Rainey Ralston YRamsey Randall Y Reaves Y Richardson Robinson YRose Rosa Y Rowland Y Russell Y Savage Scott.A Scott,D Y Shepard YSherrod Sizemore Y Smith.T Smith.V YSmyre YSnow Steinberg YSwann Y Thomas Y Thompson Y Townsend Triplett YTuten YTwiggs Y Vandiford Y Vaughn Y Veazey Waddle Walker Wall Ware Watson White Y Widener Y Williams.B-J Williams.H Williams.R Y WUson WoodJ Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1529. By: Representatives Crosby of the 150th and Dixon of the 151st: A BILL to amend an Act providing for the issuance of special license tags to motor vehicle owners who operate citizens' band radio stations, so as to provide for the amount of the additional fee required to obtain such special license plate; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Argo Auten Balkcom Bargeron YBaugh Beal Beck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Branch Bray Y Brooks Buck Y Burruss Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Y Coleman Y Collins Y Colwell Connell Y Couch Cox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Y Daugherty Davis.B Davis.J Y Davis.L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Galer Ginsberg Glover Y Godbee Y Greer Ham Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins 2168 JOURNAL OF THE HOUSE, Y Hays Hill Y Holmes Y Hooks YHorne Hutchinson Y Irvin Y Isakson YJackson,J Jackson.N Jackson, W Y Jessup YJohnson.G N Johnson.R Jones.B Jones,H Y Karrh Kemp Y Kilgore Lambert Y Lane,D Y Lane.R Y Lawson Y Lee Logan Y Long Lord Y Lowe Lucas YMangum Mann Y Marcus Y Martin Y Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Moore Y Mostiler Y Mullinax Y Nicholson Y Nix Y Oliver Y Padgett Y Parham Patten Y Perry Peters Phillips.B Y Phillips,L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Rainey Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson Y Rose Ross Y Rowland Y Russell Y Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Y Smyre Y Snow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Triplet! Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Walker Wall Y Ware Watson White Y Widener Y Williams.B.J Y Williams.H Y Williams.R Y Wilson Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 118, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 1321. By: Representative Childs of the 51st: A BILL to amend Code Section 47-4-103 of the Official Code of Georgia Annotated, relating to disability retirement ben efits under the Public School Employees Retirement System, so as to reduce the number of years of creditable service necessary to qualify for disability retirement benefits; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System, so as to change the provisions relative to the defini tion of a teacher; to change the provisions relating to certain members of the Public School Employees Retirement System becoming members of the Teachers Retirement Sys tem; to amend Code Section 47-4-40 of the Official Code of Georgia Annotated, relating to membership in the Public School Employees Retirement System, so as to change the provisions relating to the option of certain members to transfer to the Teachers Retire ment System; 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. Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System, is amended by striking subparagraph (E) of paragraph (28) of Code Section 47-3-1 in its entirety and substituting in lieu thereof a new subpara graph (E) to read as follows: "(E) Full-time public school lunchroom managers or supervisors, full-time public school maintenance managers or supervisors, full-time public school transportation man agers or supervisors, and full-time public school warehouse managers or supervisors, upon electing to participate in the retirement system pursuant to Code Section 47-3-63;". Section 2. Said Chapter 3 is further amended by striking Code Section 47-3-63 in its entirety and substituting in lieu thereof a new Code Section 47-3-63 to read as follows: "47-3-63. (a) In accordance with Code Section 47-4-40, full-time public school lunchroom, maintenance, or warehouse managers or supervisors or full-time public school transportation managers or supervisors may elect to become members of the FRIDAY, MARCH 12, 1982 2169 Teachers Retirement System of Georgia. Any such personnel exercising such option shall begin making the employee contributions required by this chapter. (b) Members (1) who were previously eligible for membership in the Public School Employees Retirement System and whose duties were or have been changed in such a manner so as to have made them eligible for membership in the Teachers Retirement System of Georgia and (2) any such full-time public school lunchroom, maintenance, or warehouse managers er supervisors personnel specified in subsection (a) of this Code section who elect to become members of the Teachers Retirement System of Georgia shall be permitted to establish credit for service rendered in a public school system prior to the date such employees become or became members of the Teachers Retirement Sys tem of Georgia, provided that such service would be or would have been normally allow able as creditable service under the Public School Employees Retirement System; provided, further, that such members must pay the employee contributions on the salary earned by such members during the years of service sought to be so established, plus applicable accrued regular interest compounded annually to the dates of payment at the rates adopted by the board of trustees. Such members or the local boards of education by which the members are employed at the time the service is established shall pay the employer contributions on the earnable compensation of such members that would have been paid to the Teachers Retirement System of Georgia, plus applicable accrued regu lar interest compounded annually to the dates of payment at the rates adopted by the board of trustees. The State of Georgia shall be the employer of sack full time pablie seheel lunchroom, maintenance, and warehouse managers er supervisors personnel speci fied in subsection (a) of this Code section for the purposes of employer contributions on membership service rendered by such members after they become members of the Teachers Retirement System of Georgia." Section 3. Code Section 47-4-40 of the Official Code of Georgia Annotated, relating to membership in the Public School Employees Retirement System, is amended by strik ing subsection (d) in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: "(d) FttH time Full-time public school lunchroom, maintenance, and or warehouse managers and or supervisors2 or full-time public school transportation managers or supervisors shall have the option of becoming members of the Teachers Retirement Sys tem of Georgia, in accordance with Code Section 47-3-63. Any of such persen who elects such personnel who have heretofore exercised said option or who hereafter exercise said option and who has have or had ten or more years of creditable service under this chap ter shall net may withdraw his their accumulated contributions from the fund and upon withdrawing such contributions, such personnel shall retain the vested rights established by Code Section 47-4-100 cease to be members of the retirement system. Said personnel may elect to allow their accumulated contributions to remain in the fund, and such per sonnel shall retain the vested rights established by Code Section 47-4-100. Upon exercis ing such option however, any such personnel shall cease making contributions to the retirement system, and no additional creditable service shall be allowed under the retire ment system. Any such person who elects such option and who has less than ten years of creditable service under this chapter shall withdraw his the person's accumulated con tributions from the fund and, upon exercising such option, such personnel shall cease to be members of the retirement system. Any person subject to this subsection who becomes employed on or after Jtriy ^ 1076 November 1^ 1982, shall have the option, which must be exercised within 30 days after becoming employed, of becoming a mem ber of this retirement system or of becoming a member of the Teachers Retirement Sys tem of Georgia. No such person shall be a member of both such retirement systems under any circumstances. Such option shall be exercised by notification, in writing, to the respective boards of trustees of such retirement systems. It shall be the duty and responsibility of local units of administration to notify their respective employees and persons who become employed in the future and who are subject to this subsection of the options provided for in this subsection and to furnish such employees appropriate forms for the exercise of such options." 2170 JOURNAL OF THE HOUSE, Section 4. This Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by 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 Argo Auten Y Balkcom Bargeron YBaugh Beal Beck Y Benefield YBenn YBirdsong Y Bishop Y Bolster Y Branch Bray Y Brooks Buck YBurruss N Burton YByrd Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Colbert Y Coleman Y Collins Y Colwell Connell Y Couch Coi N Crawford Y Crosby Culpepper Cummings YDarden Y Daugherty Y Davis,B NDavisJ Y Davis.L Dean Dent Y Diion YDobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Galer Ginsberg Glover God bee YGreer Ham Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Y Home Hutchinson Ylrvin Ylsakson Y Jackson.J Jackson,N Jackson.W Y Jessup Y Johnson.G Y Johnuon.R Jones,B Jones,H Y Karrh Kemp Y Kilgore Lambert Y Lane,D Lane.R Y Lawson YLee Logan YLong Lord YLowe Lucas Y Mangum Mann Marcus Y Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Moore Y Mostiler Y Mullinai Y Nicholson YNii Y Oliver Y Padgett YParham Y Patten Y Perry Peters Phillips.B Y Phillips,L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Rainey Ralston Y Ramsey Randall Y Reaves Richardson Robinson YRose Ross Y Rowland Y Russell Y Savage Scott,A ScottJD Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith,V YSmyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Triplett YTuten YTwiggs Y Vandiford Y Vaughn Y Veazey Waddle Walker Wall YWare Watson White N Widener Y WiUiams,B.J Y Williams.H Y Williams,R Y Wilson Wood,J Y Wood,J,T Y Workman Y Speaker Murphy On the passage of the Bill, by substitute, the ayes were 117, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substi tute. The following Resolution of the House was read: HR 824. By: Representatives Bishop of the 94th, Buck of the 95th, Cason of the 96th, Rose of the 93rd, Galer of the 97th and others: A RESOLUTION commending the Honorable Jack T. Brinkley; and for other purposes. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.J Adams.M Y Aiken Y Anderson Argo Auten Y Balkcom Bargeron YBaugh Beal Beck Benefield YBenn Birdsong Bishop Y Bolster Y Branch Bray Brooks Buck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance FRIDAY, MARCH 12, 1982 Y Cheeks Childen Y Childs Clark,B Y Clark.L Y Colbert Y Coleman Collins Y Colwell Connell Y Couch Cox Y Crawford YCrosby Culpepper Cummings YDarden Daugherty Y Davis,B Y Davis.J Davis,L Dean Dent Y Diion YDobbs Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster FuUer.C YGaler Ginsberg Glover YGodbee Y Greet Ham Hamilton Y Manner Harris Y Harrison Hasty Y Hawkins YHays Hill Holmes Y Hooks Home Hutchinson Irvin Ylsakson Y Jackson.J Jackson.N Jackson,W Y Jessup Johnson.G Y Johnson.R Jones.B Jones.H YKarrh Kemp Y Kilgore Lambert Y Lane.D Y Lane,R YLawson Lee Logan YLong Lord YLowe Lucas Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson YNii Y Oliver Y Padgett YParham Patten Y Perry Peters Phillips.B Y Phmips,L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Rainey Ralston YRamsey Randall Reaves Richardson Robinson Rose Ross Y Rowland Y Russell Y Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore On the adoption of the Resolution, the ayes were 99, nays 0. The Resolution was adopted. 2171 Y Smith,T Smith.V YSmyre YSnow Y Steinberg Y Swann Thomas Y Thompson Townsend Triplett YTuten YTwiggs Y Vandiford Y Vaughn YVeazey Waddle Walker Wall YWare Watson White Y Widener Williams.B.J Williams.H Williams.R Y Wilson Wood,J Y Wood,J.T Y Workman Speaker Murphy The following Resolution of the House was read and adopted: HR 825. By: Representatives Lane of the 40th, Adams of the 36th, Savage of the 25th, Marcus of the 26th, Bolster of the 30th and others: A RESOLUTION express ing regrets at the passing of Honorable Virlyn B. Smith; and for other purposes. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the Senate: SB 728. By: Senators Wessels of the 2nd and Foster of the 50th: A BILL to amend an Act known as the "Georgia Residential Finance Authority Act," so as to change the membership of the authority; to provide for legislative intent; to create the Georgia Secondary Market Corporation; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. SB 750. By: Senators Robinson of the 27th and Cobb of the 28th: A BILL to amend Code Title 5A, relating to alcoholic beverages, so as to allow the commissioner to authorize certain domestic wineries to sell directly to retail dealers; to change the amount of wine which may be produced by such wineries selling at retail on their premises; to amend the Official Code of Georgia Annotated accord ingly; and for other purposes. The Speaker Pro Tem announced the House in recess, subject to the call of the Chair. 2172 JOURNAL OF THE HOUSE, The Speaker Pro Tern called the House to order. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the Senate: SB 739. By: Senator Coverdell of the 40th: A BILL to amend Code Section 91A-102, relating to definitions under the "Georgia Public Revenue Code," so as to change the provisions relating to the definition of the term "Internal Revenue Code"; to amend the Official Code of Georgia Annotated accordingly; to provide for specific repeal; and for other purposes. SB 574. By: Senator Scott of the 43rd: A BILL to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment, so as to change the provisions relating to the authority of a judge to suspend or pro bate sentences of defendants convicted of certain sex crimes; and for other pur poses. SB 758. By: Senators Horton of the 17th and Littlefield of the 6th: A BILL to amend Code Chapter 32-9, relating to county boards of education, so as to continue the authority of local school systems to provide for the elderly; to amend the Offi cial Code of Georgia Annotated accordingly; and for other purposes. SB 761. By: Senator Hudgins of the 15th: A BILL to amend an Act known as the "Chil dren and Youth Act," so as to provide that the regional Youth Services Pro gram director may delegate responsibility to a designee for determining whether children committed to the Department of Human Resources who have violated the conditions of supervision should be apprehended; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. SB 764. By: Senator Coverdell of the 40th: A BILL to amend Code Chapter 15-3, relating to jurisdiction over certain land ceded to or acquired by the United States, so as to consent to the cession of concurrent jurisdiction to the United States over lands within the boundaries of the State of Georgia that are owned by the United States or over which such jurisdiction is necessary for the effective administration and management of the lands owned by the United States; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. SB 515. By: Senator Land of the 16th: A BILL to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to provide for the Department of Natural Resources to establish a program whereby persons who are 65 years of age or older and who are bona fide residents of the State of Georgia may obtain a 50 percent dis count on camping fees charged at State parks on certain days; and for other purposes. SB 714. By: Senator Wessels of the 2nd: A BILL to amend an Act creating the Georgia Department of Labor, so as to create the Correctional Services Division; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. FRIDAY, MARCH 12, 1982 2173 SB 749. By: Senators Deal of the 49th and Brannon of the 51st: A BILL to amend the "Georgia Post Mortem Examination Act" so as to provide for appeals from ver dicts of coroners' juries; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate: SR 275. By: Senators Summers of the 53rd, Gillis of the 20th, Kidd of the 25th and others: A RESOLUTION calling upon the United States Congress to pass an amend ment to the United States Constitution which would require that the record of all federal judges be reviewed every eight years and that they stand for reelection every eight years or, in the alternative, calling upon the United States Con gress to call a constitutional convention for the purpose of proposing such an amendment; and for other purposes. SR 340. By: Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A RES OLUTION proposing an amendment to the Constitution so as to provide for the sovereign immunity of the state and all of its departments and agencies; to provide for a waiver thereof by Act of the General Assembly; and for other pur poses. The Senate has passed by the requisite constitutional majority the following Bills of the Senate: SB 715. By: Senators Stumbaugh of the 55th, Howard of the 42nd, Scott of the 43rd and others: A BILL to amend the "Stone Mountain Memorial Association Act," so as to provide that the Stone Mountain Memorial Association may invest and reinvest the association fund in certain specified obligations; to amend the Offi cial Code of Georgia Annotated accordingly; and for other purposes. SB 763. By: Senator Barnes of the 33rd: A BILL to provide the compensation of judges of certain courts of limited jurisdiction; to provide for the procedures whereby the governing authority of a county shall select the method of compensating the judges; to provide for alternative compensation plans for judges of courts of limited jurisdiction; to amend the Official Code of Georgia Annotated accord ingly; and for other purposes. SB 735. By: Senators McGill of the 24th, Gillis of the 20th and Walker of the 19th: A BILL to amend Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and market operators, so as to change the amount of bond required of licensees; to prohibit licensing of businesses owned by or employing persons who have previously been involved in defaulting businesses; and for other purposes. SB 762. By: Senator Hudson of the 35th: A BILL to amend an Act known as "The Metro politan Atlanta Rapid Transit Authority Act of 1965," so as to provide for legis lative intent; to change certain provisions relating to the use of the proceeds of certain taxes, bonds, and certificates; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate: SR 331. By: Senator Broun of the 46th: A RESOLUTION designating the Georgia Museum of Art at the University of Georgia as the State Museum of Art of the State of Georgia; and for other purposes. 2174 JOURNAL OF THE HOUSE, SR 333. By: Senator Bryant of the 3rd: A RESOLUTION proposing an amendment to the Constitution so as to change the requirement that the governing authority of Bryan County levy and collect an annual ad valorem tax of two mills for devel oping and promoting industry and pay the funds derived to the Bryan County Industrial Development Authority; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the Senate: SB 736. By: Senators Brannon of the 51st and Cobb of the 28th: A BILL to amend an Act providing for the use of flashing or revolving lights and prohibiting certain conduct in connection therewith, so as to require persons, firms, or corporations which sell certain types of flashing or revolving blue, red, or amber lights to provide certain information to law enforcement agencies; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. SB 747. By: Senator Horton of the 17th: A BILL to amend an Act known as the "Fair Business Practices Act of 1975," so as to provide for the regulation of career consulting firms; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SB 489. By: Senator Scott of the 43rd: A BILL to amend Code Section 68-214, relating to the registration and licensing of motor vehicles, license plates, and revalidation stickers, so as to delete the provision allowing a vehicle to be stored at the owner's expense if a county decal is not affixed to the license plate; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. Referred to the Committee on Motor Vehicles. SB 656. By: Senators Barnes of the 33rd, Thompson of the 32nd, Starr of the 44th and others: A BILL to prohibit certain nude and sexual conduct on premises where alcoholic beverages are sold or dispensed for consumption; to define terms; to prohibit the use of devices or objects to perform or simulate such conduct; to prohibit the showing and display of pictures and other reproductions and images depicting such conduct; to prohibit the solicitation of drinks by certain persons; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on Temperance. SB 712. By: Senator Hudson of the 35th: A BILL to amend Code Section 47-102, relating to state senatorial districts, so as to change the composition of certain senatorial districts; to provide for the incorporation into the Official Code of Georgia Annotated; and for other purposes. Referred to the Committee on Legislative & Congressional Reapportionment. SB 726. By: Senator Littlefield of the 6th: A BILL to amend an Act creating the Board of Commissioners of Wayne County, so as to change the provisions relative to the election of members of the Board; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. FRIDAY, MARCH 12, 1982 2175 SB 727. By: Senators Reynolds of the 48th and Deal of the 49th: A BILL to amend Chap ter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for juvenile court jurisdiction over certain children over the age 17 years; and for other purposes. Referred to the Committee on Judiciary. SB 730. By: Senator Summers of the 53rd: A BILL to amend Code Section 84-311A, relat ing to the qualifications for auctioneers and apprentice auctioneers, so as to authorize the issuance of an auctioneer's license to certain persons without the necessity for taking an examination; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on State Planning & Community Affairs. SB 734. By: Senators Greene of the 26th and Robinson of the 27th: A BILL to amend Code Section 5A-507, relating to the sale of alcoholic beverages on Sundays and election days, so as to change certain population brackets; to amend Code Sec tion 3-3-7 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays and election days, so as to change certain popu lation brackets and census references; and for other purposes. Referred to the Committee on Temperance. SB 741. By: Senator Littlefield of the 6th: A BILL to amend certain laws of this state based upon classifications of population providing for boards of elections or boards of registration and elections, so as to change the provisions relative to population and census; and for other purposes. Referred to the Committee on State of Republic. SB 742. By: Senators Greene of the 26th and Robinson of the 27th: A BILL to amend an Act establishing the board of public education and orphanage for Bibb County, so as to authorize said board to expend funds to acquire, improve, and sell real or personal property in connection with its secondary and postsecondary vocational education curricula or program; and for other pur poses. Referred to the Committee on State Planning & Community Affairs - Local. SR 315. By: Senators Fincher of the 54th, Gillis of the 20th, Kidd of the 25th and others: A RESOLUTION requiring the Board of Medical Assistance to review the needs of pharmacy providers and adopt such policies to ensure that these providers receive a pro rata share of supplemental funds appropriated to the Department of Medical Assistance; and for other purposes. Referred to the Committee on Appropriations. SR 324. By: Senators Trulock of the 10th and Holloway of the 12th: A RESOLUTION designating the Georgia-Florida Parkway; and for other purposes. Referred to the Committee on Highways. Representative Vaughn of the 57th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, March 15, 1982 and the motion prevailed. The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, A.M., Monday, March 15, 1982. 2176 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Monday, March 15, 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. Leave of absence was granted to Representatives Clark of the 55th and Lord of the 105th in order that they might attend funerals, and to Representative Oliver of the 121st due to illness. Prayer was offered by the Reverend Lucious Merrion, Pastor, Piney Grove Baptist Church, Swainsboro, Georgia. Representative Milford of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the Rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the com mittees: HB 1941. By: Representative Mullinax of the 69th: A BILL to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to extend and increase the corporate limits of the City of LaGrange; and for other pur poses. Referred to the Committee on State Planning & Community Affairs - Local. HB 1942. By: Representative Reaves of the 147th: A BILL to amend an Act relating to fire protection districts in Brooks County, so as to limit the amount of taxes which may be levied without a referendum; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. MONDAY, MARCH 15, 1982 2177 HB 1943. By: Representative Kilgore of the 65th: A BILL to provide for election districts for election to the Board of Education of Douglas County; and for other pur poses. Referred to the Committee on State Planning & Community Affairs - Local. HB 1944. By: Representative Kilgore of the 65th: A BILL to create a court to be known as the "Magistrate's Court of Douglas County"; to define its jurisdiction and powers; to provide for the appointment, duties, and compensation of the presid ing officer, who shall be designated "magistrate"; to provide for the appoint ment, duties, and compensation of deputy magistrates and a clerk; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1945. By: Representative Jones of the 78th: A BILL to amend an Act creating the board of commissioners of Butts County, so as to provide for staggered terms of members of the board; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1946. By: Representatives Jackson, Wood and Lawson of the 9th: A BILL to amend an Act creating a board of commissioners for Porsyth County, so as to change the dollar amount of purchases which can be made without the necessity of receiving bids; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1947. By: Representatives Fortune and Mostiler of the 71st: A BILL to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the judges of the superior courts and district attorneys of that judicial circuit; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1948. By: Representatives Cummings of the 17th and Montgomery of the 16th: A BILL to repeal an Act establishing the State Court of Polk County, so as to abolish the State Court of Polk County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1949. By: Representatives Karrh of the 106th and Miles of the 107th: A BILL to abol ish the present mode of compensating the Clerk of the Superior Court of Emanuel County, known as the fee system; to provide in lieu thereof an annual salary and to provide for the increase and decrease thereof; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1950. By: Representative Bray of the 70th: A BILL to amend an Act incorporating the City of Manchester, so as to change the corporate limits of the city; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1951. By: Representative Vaughn of the 57th: A BILL to amend an Act creating the Magistrate's Court of Rockdale County, so as to change the amount of the fine that the magistrate may impose for any single offense; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 2178 JOURNAL OF THE HOUSE, HB 1952. By: Representatives Mann and Milford of the 13th: A BILL to amend an Act incorporating the City of Maxeys, so as to change the terms of the mayor and councilmen; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1953. By: Representatives Buck of the 95th, Cason of the 96th, Rose of the 93rd, Galer of the 97th, Smyre of the 92nd and others: A BILL to amend an Act establish ing the Municipal Court of Columbus, so as to change the provisions relating to the bonds of the clerk and the marshal of said court; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1954. By: Representatives Snow of the 1st, Crawford of the 5th, and Foster and Wil liams of the 6th: A BILL to amend an Act incorporating the Town of Fort Oglethorpe, so as to change the corporate limits of said municipality; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1955. By: Representative Steinberg of the 46th: A BILL to amend Title 6 of the Offi cial Code of Georgia Annotated, relating to aviation, so as to provide for proof of financial responsibility by aircraft owners or operators; to define certain terms; to provide for reports of aircraft accidents; to provide for the filing of certificates of insurance as proof of financial responsibility; and for other pur poses. Referred to the Committee on Insurance. HB 1956. By: Representative Reaves of the 147th: A BILL to fix the compensation of cer tain officials of cities which have a population of not less than 5,150 and not more than 5,300; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1957. By: Representatives Fortune and Mostiler of the 71st: A BILL to create the Spalding County Water and Sewerage Facilities Authority, to authorize such Authority to acquire, construct, equip, operate, maintain, own and improve selfliquidating projects embracing sources of water supply, the treatment, distribu tion and sale of water and related facilities to individuals, private concerns, municipal corporations and governmental units, the collection, treatment and disposal of sewage waste and storm water, and any related facilities; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1958. By: Representative Culpepper of the 98th: A BILL to amend an Act establishing a municipal court in and for the City of Fort Valley, so as to change the provi sions relating to penalties imposed by such court; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1959. By: Representatives Karrh of the 106th and Miles of the 107th: A BILL to pro vide for election of members to the Emanuel County Board of Education; to provide for seven single-member election districts; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. MONDAY, MARCH 15,1982 2179 HB 1960. By: Representative Branch of the 137th: A BILL to amend an Act placing the sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change the provisions relative to the salary of deputy sheriffs; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1961. By: Representative Branch of the 137th: A BILL to amend an Act creating a board of commissioners of roads and revenues for the County of Irwin, so as to change the salary provisions relating to the clerk and the secretary; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1962. By: Representative Jackson of the 77th: A BILL to amend an Act changing the compensation of coroners in all counties of this State having a population of not less than 22,320 and not more than 22,500, according to the United States decennial census of 1970, or any future such census, so as to change certain population brackets and census references; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1963. By: Representative Ross of the 76th: A BILL to amend an Act placing the clerk of the Superior Court of Warren County on an annual salary, so as to change the provisions relative to the compensation of the deputy clerk; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local.. HB 1964. By: Representative Dover of the llth: A BILL to amend an Act creating the office of tax commissioner of Habersham County, so as to change the salary of the tax commissioner, the method of filling vacancies in office, and the required hours of operation of the tax commissioner's office; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1965. By: Representatives Walker of the 115th and Culpepper of the 98th: A BILL to amend an Act relating to the State Court of Macon County, so as to change provisions relating to the compensation of the judge and solicitor; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1966. By: Representatives Nix, Harrison and Isakson of the 20th, Darden and Thomp son of the 19th, and others: A BILL to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to provide that the board of education of Cobb County may conduct its meetings at any location within Cobb County and, for special purposes, outside the limits of Cobb County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1967. By: Representatives Godbee of the 82nd and Bargeron of the 83rd: A BILL to amend an Act creating the Small Claims Court of Burke County, so as to change provisions relating to the compensation of the judge and fees and costs charged by the court; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 2180 JOURNAL OF THE HOUSE, HB 1968. By: Representatives Johnson, Benefield, Lee and Wood of the 72nd: A BILL to change the composition of and manner of selection of the members of the board of education of Clayton County; to fix the compensation of members of the board; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 826. By: Representatives Fortune and Mostiler of the 71st: A RESOLUTION propos ing an amendment to the Constitution so as to provide that the GriffinSpalding County Board of Education shall be composed of ten members to be elected from ten education districts by the electors of their respective districts; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 828. By: Representative Padgett of the 86th: A RESOLUTION creating the Richmond County Merit System Advisory Commission; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 830. By: Representatives Nix of the 20th and Burruss of the 21st: A RESOLUTION proposing an amendment to the Constitution so as to limit the amount of real property for which persons who are 62 years of age or older shall be granted a homestead exemption from taxes levied for education purposes in the Cobb County School District; to define the term "homestead" to include not more than three acres of land immediately surrounding the residence of the appli cant; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1918 HB 1919 HB 1920 HB 1921 HB 1922 HB 1923 HB 1924 H riRo 1ly0z9o* no TTQ 1iQOzO o HB 1927 HB 1928 HB 1938 HB 1939 HB 1940 HR 816 HR 817 HR 819 up 099 " TJIKD 8Q2OO2 H QTK > AloQi SB 489 | 656 HHBB 11992390 HB 1931 HB 1932 HB 1933 HB 1934 HB 1935 HB 1936 HB 1937 k Ilzfb B 727 SB 73 SB 734 SB 741 SB 742 SR 315 SR 324 Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report: Mr. Speaker: MONDAY, MARCH 15, 1982 2181 Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation: HR 814 Do Pass Respectfully submitted, Lee of the 72nd Chairman Representative Colwell of the 4th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions & Property has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 811 Do Pass SB 478 Do Pass SR 120 Do Pass, by Substitute SR 250 Do Pass SR 281 Do Pass Respectfully submitted, Colwell of the 4th Chairman Representative Bray of the 70th District, Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker: Your Committee on State of Republic has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the follow ing recommendation: SB 741 Do Pass Respectfully submitted, Bray of the 70th Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 622 Do Pass Respectfully submitted, Adams of the 36th Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: 2182 JOURNAL OF THE HOUSE, Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1908 Do Pass HB 1909 Do Pass HB 1910 Do Pass HB 1911 Do Pass HB 1912 Do Pass HR 563 Do Pass HR 792 HR 793 HR 813 SB 688 SB 692 SB 716 Do Pass Do Pass Do Pass Do Pass Do Pass, by Substitute Do Pass Respectfully submitted, Adams of the 36th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, MARCH 15, 1982 Mr. Speaker and Members of the House: The Committee on Rules, in session assembled, has fixed the calendar for this day's business, March 15, 1982, as enumerated below: HR 534 Preference to Ga. Products Study Committee HR 736 Homer Cochran Road, Designate SB 417 Medical Facilities; Reports of Certain Injuries SB 464 Life Insurance, Standard Valuation SB 470 Sentences, Life Without Parole SB 497 Psychology: Licensing SB 503 Probation; Community Service SB 506 DUI, License Suspension, Death in Accident SB 540 Occupational Therapy Board of: Termination SB 581 Community Care and Services, Elderly SB 582 Probate Courts, Combine Cert. Records SB 592 Podiatry Board, Termination Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully Submitted, /s/ Lee of the 72nd Chairman By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: HB 1908. By: Representative Adams of the 79th: A BILL to amend, consolidate and super sede the several Acts of the General Assembly of the State of Georgia pertain ing to the City of Molena in the County of Pike; to provide a new charter therefor; to organize the municipal government thereof; to prescribe the corpo rate limits; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. MONDAY, MARCH 15, 1982 2183 On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1909. By: Representative Adams of the 79th: A BILL to amend an Act increasing the compensation of the chairman and other members of the board of commission ers of Upson County, so as to provide for the reimbursement of expenses of the chairman and other members of the board of commissioners; and for other pur poses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1910. By: Representative Peters of the 2nd: A BILL to amend an Act creating the office of tax commissioner of Catoosa County, so as to change the amount pay able for clerical help in that office; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1911. By: Representative Edwards of the 110th: A BILL to amend an Act abolishing the present mode of compensating the Ordinary of Taylor County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the provisions relative to the authority of the judge of the probate court to appoint certain personnel; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1912. By: Representative Edwards of the 110th: A BILL to amend an Act abolishing the mode of compensating the Clerk of the Superior Court of Taylor County, known as the fee system, and providing in lieu thereof an annual salary, so as to change certain provisions relative to the authority of the clerk to appoint personnel; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 688. By: Senators Barnes of the 33rd and Thompson of the 32nd: A BILL to be known as the "South Cobb Development Authority Act"; to create the "South Cobb Development Authority"; to provide the powers and duties of the authority, 2184 JOURNAL OP THE HOUSE, including the power to issue revenue bonds; to define the area of operations of the authority within Cobb County; to declare the purposes of the authority to develop and promote trade, commerce, and industry; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 692. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to amend an Act placing the Sheriff of Glynn County on an annual salary, so as to change the provisions relating to the compensation of the sheriff and deputies and other personnel of the sheriff; to change the provisions relating to automobiles and other expenses for the sheriffs office; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act placing the Sheriff of Glynn County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended, particularly by an Act approved April 1, 1980 (Ga. L. 1980, p. 4457) and by an Act approved April 6, 1981 (Ga. L. 1981, p. 3351), so as to change the provisions relating to the compensation of the sheriff and deputies and other personnel of the sheriff; to change the provisions relating to automobiles and other expenses for the sheriffs office; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the sheriff of Glynn County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended, particularly by an Act approved April 1, 1980 (Ga. L. 1980, p. 4457) and by an Act approved April 6, 1981 (Ga. L. 1981, p. 3351), is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Sec tion 2 to read as follows: "Section 2. (a) The sheriff shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge the official duties of his office efficiently and effectively. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the com pensation to be received by each employee in said office. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. (b) In addition to the personnel authorized above, the sheriff shall be authorized to provide for such additional facilities and personnel needed for the purpose of imple menting any statutory or court-ordered requirement relating to prisoners in Glynn County, including but not limited to such requirements concerning recreation or fresh air for such prisoners and concerning the feeding of such prisoners; provided that such additional facilities and personnel shall be paid for out of county funds." Section 2. Said Act is further amended by striking subsections (1) and (2) of Section 2A in their entirety and substituting in lieu thereof new subsections (1) and (2) to read as follows: MONDAY, MARCH 15, 1982 2185 "(1) Beginning July 1, 1982, the sheriff shall receive an annual base salary of $27,563.00, payable in equal monthly installments from the funds of Glynn County. (2) The salary of the sheriff shall be increased by 5 percent per each four-year term of office served by said sheriff, figured at the end of each such period of service. Such increase shall not have a retroactive effect, except that the current term of the sheriff presently in office shall be counted for determining the appropriate salary under this Section." Section 3. Said Act is further amended by striking Section 2C in its entirety and substituting in lieu thereof a new Section 2C to read as follows: "Section 2C. (1) Until automobiles are furnished for the sheriff and his deputies pursuant to paragraph (2) of this section, the sheriff and each of his deputies, except the chief deputy, shall receive monthly from county funds a car allowance of $275.00 per month and a mileage allowance of 22* per mile on all official trips outside of Glynn County or the State of Georgia. (2) By not later than July 1, 1985, the governing authority of Glynn County shall provide police equipped automobiles for the sheriff and deputies, and all expenses con nected with such automobiles shall be paid from county funds. Neither the car allowance nor mileage allowance provided for by paragraph (1) of this section shall apply to the sheriff or any deputy who is furnished an automobile as provided herein. (3) The sheriff and deputies shall be furnished necessary guards for safety when transporting prisoner and mental patients, and the guards shall be paid at the rate of bailiffs per diem. All necessary expenses including room and meals shall be paid by the governing authority out of funds of Glynn County. (4) The governing authority of Glynn County may furnish uniforms for the sheriff and his personnel, the cost of which shall be paid from county funds." Section 4. This Act shall become effective July 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 716. By: Senator Kidd of the 25th: A BILL to amend an Act creating and establishing a Small Claims Court for Hancock County, so as to change the provisions relat ing to the collection and utilization of court costs; to provide a salary for the judge of the small claims court in lieu of the fee system of compensation; to change the provisions relating to court costs; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 563. By: Representative Crosby of the 150th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the board of commis sioners of Ware County to create the office of county manager, appoint and remove the 2186 JOURNAL OF THE HOUSE, county manager, fix his compensation, and prescribe his duties, powers, and responsibili ties; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section I, Paragraph VI of the Constitution is amended by adding at the end thereof the following: "The board of commissioners of Ware County is authorized to create the office of county manager, appoint and remove the county manager, fix his compensation, and prescribe his duties, powers, and responsibilities by local ordinance or resolution." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize the board of com missioners of Ware County to create the office of county manager, appoint and remove the county manager, fix his compensation, and pre scribe his duties, powers, and responsibilities by local ordinance or reso lution?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron YAdams,G Y Adams,J Y Adams,M YAiken Y Andenon YArgo YAuten YBalkcom YBargeron YBaugh Seal YBeck Y Benefield Benn YBirdsong BUhop Boliter Y Branch YBray Y Brooks YBuck YBurrusa Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childen Quids Clark,B Y Clark.L Y Colbert Y Coleman Y Coffins Colwell Y Connell Y Couch Cox Y Crawford YCrosby Y Culpepper Y Cummings YDarden Daugherty Davis,B Davis,J Y Davi,L Dean YDent Y Dixon YDobbs Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Fuller,C Galer Y Ginsberg Glover YGodbee YGreer YHam Hamilton Y Manner Y Harris YHarrison Y Hasty Hawkins YHays Hill Y Holmes Y Hooks YHorne Y Hutchinson Ylrvin Ylsakson Y Jackson.J Jackson,N Y Jackson.W YJessup Y Johnson.G Y Johnson^ Y Jones.B Y Jones,H YKarrh YKemp Kilgore Lambert YLane,D YLane,R Y Lawson YLee YLogan Long Lord YLowe Y Lucas Mangum YMann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler YMullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Peters Y Phillips,B Y PhiUips,L.L Phillips.R.T Phillips.W.R Pilewicz Pinkston Y Rainey Y Ralston YRamsey YRandall Y Reaves Richardson Robinson YRose YRoss Y Rowland Y Russell Savage Y Scott,A Y Scott,D Y Shepard YSherrod Y Sizemore Smith,T Smith,V YSmyre YSnow Steinberg YSwann Thomas Y Thompson Y Townsend Y Triplett MONDAY, MARCH 15, 1982 2187 YTuten YTwiggs YVandiford YVaughn Y Veazey Y Waddle Walker Wall Y Ware Y Watson Y White Widener Williams,B.J Williaros.H Y Williams.R Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy On the adoption of the Resolution, the ayes were 130, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 792. By: Representatives Williams of the 48th, Childs of the 51st, Richardson of the 52nd, Davis of the 45th, Mangum of the 56th and others: A RESOLUTION Proposing an amendment to the Constitution so as to provide that each resident of the DeKalb County School District who is 65 years of age or over and whose gross income, together with the gross income of his spouse and all other members of his family who reside at and occupy his homestead, does not exceed $10,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is amended by adding at the end thereof the following paragraph: "Any other provisions of this Constitution to the contrary notwithstanding, each resi dent of the DeKalb County School District who is 65 years of age or over is granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence if his adjusted gross income, as defined in the Internal Revenue Code of 1954, as now or hereafter amended, together with the adjusted gross income of his spouse and all other members of his family who also reside at and occupy such homestead, does not exceed $10,000.00 for the immedi ately preceding taxable year. Such adjusted gross income, as used herein, shall not include any federal old-age, survivors, or disability insurance benefits or any benefits under the Federal Railroad Retirement Act. Except for said federal old-age, survivors, or disability insurance benefits and benefits under said Federal Railroad Retirement Act, adjusted gross income, as used herein, shall include benefits received under a retire ment or pension fund when such benefits are based on contributions made thereto by such resident or his spouse. Any such resident of the DeKalb County School District shall not receive the benefits of the homestead exemption provided for herein unless he, or an agent acting in behalf of such resident, files an affidavit with the tax commissioner of DeKalb County giving his age and the amount of income which he and his spouse and other members of his family occupying and residing at such homestead received during the last taxable year for income tax purposes and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto, provided that, after any such owner has filed the proper affidavit as provided above and has been allowed the exemp tion provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the DeKalb County School District who has claimed the homestead exemption provided for herein to notify the tax commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. Any person claiming the homestead exemption provided in this 2188 JOURNAL OF THE HOUSE, paragraph shall not be entitled to the homestead exemption provided in another para graph of this Paragraph which provides a homestead exemption for certain persons who are 62 years of age or over or who are disabled and who do not have an income exceed ing $8,000.00. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption pro vided for herein shall apply to all taxable years beginning after December 31, 1982." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that each resident of the DeKalb County School District who is 65 years of age or over and whose gross income, together with the gross income of his spouse and all members of his family who reside at and occupy his homestead, does not exceed $10,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Ander&on YArgo Y Auten Y Balkcom Y Bargeron Y Baugh Beal Y Beck Y Benefield Benn Y Birdsong Bishop Bolster Y Branch YBray Y Brooks YBuck Y Burruss Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark,B Y Clark,L Y Colbert Y Coleman Y Collins Colwell Y Connell Y Couch Cox Y Crawford Y Crosby Y Culpepper Y Curamings Y Darden Daugherty Davis.B Davis.J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Fuller.C Galer Y Ginsberg Glover YGodbee YGreer YHam Hamilton Y Manner Y Harris Y Harrison Y Hasty Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Jack&on.N Y Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones.B Y Jones,H Y Karrh YKemp Kilgore Lambert YLane.D Y Lane.R Y Lawson YLee YLogan Long Lord YLowe Y Lucas Mangum YMann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNin Oliver Y Padgett Y Parham Y Patten Y Perry Peters Y Phillips.B Y Phillips.L.L Phillips.R.T Phillips,W.R Pilewicz Pinks ton Y Rainey Y Ralston Y Ramsey Y Randall Y Reaves Richardson Robinson YRose YRoss Y Rowland Y Russell Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Smith.T Smith,V Y Smyre YSnow Stein berg Y Swann Thomas Y Thompson Y Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Walker Wall Y Ware Y Watson Y White Widener Williams.B.J Williams.H Y Williams,R Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy MONDAY, MARCH 15, 1982 2189 On the adoption of the Resolution, the ayes were 130, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 793. By: Representatives Childs of the 51st, Richardson of the 52nd, Steinberg of the 46th, Williams of the 48th, Hawkins of the 50th and others: A RESOLUTION Proposing an amendment to the Constitution so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of the spouse and all members of the family who reside at and occupy the homestead of such resident, does not exceed $16,000.00 per annum shall be granted an exemption from all DeKalb County School Dis trict ad valorem taxes on $20,000.00 of the value of the homestead owned and occupied by such resident; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is amended by striking therefrom that paragraph which reads as follows: "Any other provisions of this Constitution to the contrary notwithstanding, each resi dent of the DeKalb County School District who is 62 years of age or over or who is dis abled is hereby granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a resi dence if his adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or hereafter amended), together with the adjusted gross income of his spouse and all other members of his family who also reside at and occupy such homestead, does not exceed $8,000.00 for the immediately preceding taxable year. Such adjusted gross income, as used herein, shall not include any Federal old-age, survivors or disability insurance benefits or any benefits under the Federal Railroad Retirement Act. Except for said Federal old-age, survivors or disability insurance benefits and benefits under said Federal Railroad Retirement Act, adjusted gross income, as used herein, shall include benefits received under a retirement or pension fund when such benefits are based on contributions made thereto by such resident or his spouse. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners of the Code of Georgia, as now or hereafter amended, certifying that in the opinion of such physician, or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such resident of the DeKalb County School District shall not receive the benefits of the homestead exemption provided for herein unless he, or an agent acting in behalf of such resident, files an affidavit with the Tax Commissioner of DeKalb County, giving his age, or if disabled, the certificate or certificates provided for herein, and the amount of income which he and his spouse and other members of his family occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the Tax Commissioner to make a determina tion as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make 2190 JOURNAL OF THE HOUSE, application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any resi dent of the DeKalb County School District who has claimed the homestead exemption provided for herein to notify the Tax Commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. The General Assembly may pro vide by law for the proper administration of this exemption, including penalties neces sary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1978.", and substituting in lieu thereof the following paragraph: "Any other provisions of this Constitution to the contrary notwithstanding, each resi dent of the DeKalb County School District who is 62 years of age or over or who is dis abled is granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence if his adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or here after amended), together with the adjusted gross income of his spouse and all other members of his family who also reside at and occupy such homestead, does not exceed $8,000.00 for the immediately preceding taxable year and if the adjusted gross income of each such resident does not exceed $16,000.00 for the immediately preceding taxable year, each such resident is granted an exemption from all DeKalb County School Dis trict ad valorem taxes on $20,000.00 of the value of such homestead. Such adjusted gross income, as used herein, shall not include any Federal old-age, survivors or disability insurance benefits or any benefits under the Federal Railroad Retirement Act. Except for said Federal old-age, survivors or disability insurance benefits and benefits under said Federal Railroad Retirement Act, adjusted gross income, as used herein, shall include benefits received under a retirement or pension fund when such benefits are based on contributions made thereto by such resident or his spouse. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the Official Code of Geor gia Annotated, relative to medical practitioners, certifying that in the opinion of such physician, or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such resident of the DeKalb County School District shall not receive the benefits of the homestead exemption provided for herein unless he, or an agent acting in behalf of such resident, files an affidavit with the Tax Commissioner of DeKalb County, giving his age, or if disabled, the certificate or certificates provided for herein, and the amount of income which he and his spouse and other members of his family occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the Tax Commissioner to make a determina tion as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any resi dent of the DeKalb County School District who has claimed the homestead exemption provided for herein to notify the Tax Commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. The General Assembly may pro vide by law for the proper administration of this exemption, including penalties neces sary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1982." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. MONDAY, MARCH 15, 1982 2191 The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of the spouse and all members of the family who reside at and occupy the homestead of such resident, does not exceed $16,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on $20,000.00 of the value of the homestead owned and occupied by such resident?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y AdamsJ Y Adams.M Y Aiken Y Andersen YArgo YAuten Y Balkcom Y Bargeron YBaugh teal YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Branch YBray Y Brooks YBuck Y Burruss Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childera Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collim Colwell Y Connell Y Couch Cox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis.B Davis.J Y Davis,L Dean YDent Y Dixon YDobbs Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Fuller.C Galer Y Ginsberg Glover YGodbee Y Greer YHam Hamilton Y Manner Y Harris Y Harrison Y Hasty Hawkins YHays Hill Y Holmes Y Hooks YHome Y Hutchinson Ylrvin Y Isakson Y Jackson.J Jackson,N Y Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones,B Y Jones.H YKarrh YKemp Kilgore Lambert YLane,D Y Lane.R Y Lawson YLee YLogan Long Lord YLowe Y Lucas Mangum Y Mann Y Marcus Y Martin Matthews Y McCoilum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Peters Y Phillips,B Y Phillips.L.L Phillips,R.T Phillipa.W.R Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Y Randall Y Reaves Richardson Robinson YRose YRoss Y Rowland Y Russell Savage Y ScotU Y Scott,D YShepard Y Sherrod Y Sizemore Smith.T Smith.V Y Smyre YSnow Steinberg YSwann Thomas Y Thompson YTownsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Walker Wall Y Ware Y Watson Y White Widener Williams.B.J Williams.H Y Williams,R Wilson YWoodJ Y Wood^I.T Workman Speaker Murphy On the adoption of the Resolution, the ayes were 130, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 813. By: Representatives Matthews of the 145th and Collins of the 144th: 2192 JOURNAL OF THE HOUSE, A RESOLUTION Proposing an amendment to the Constitution so as to require the tax commissioner of Colquitt County to collect an additional fee of $1.00 for every motor vehicle license tag or annual renewal decal issued by such official and to require the revenue derived from the collection of such fee to be used to fund emergency medical services in Colquitt County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Paragraph II of Section V of Article IX of the Constitution is amended by adding at the end thereof a new paragraph to read as follows: "Notwithstanding any provision of the Constitution or any general law, in addition to the fee for issuing motor vehicle license tags and annual renewal decals established by law, the tax commissioner of Colquitt County shall collect an additional fee of $1.00 for every motor vehicle license tag or annual renewal decal issued by such official. The reve nue derived from this additional fee shall be paid into the general fund of Colquitt County but shall be used exclusively to fund emergency medical services in Colquitt County. This shall not limit the governing authority of Colquitt County from appropri ating such additional funds for emergency medical services as it shall deem necessary." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to require the tax commissioner of Colquitt County to collect an additional fee of $1.00 for every motor vehicle license tag or annual renewal decal issued by such official and to require the revenue derived from the collection of such fee to be used to fund emergency medical services in Colquitt County?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams.J Y Adams,M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal Y Beck Y Benefield Benn Y Birdsong Bishop Bolster Y Branch Y Bray Y Brooks Y Buck Y Burruss Burton Y Byrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Colwell Y Connell Y Couch Cox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis.B Davis,J Y Davis,L Dean Y Dent Y Diion Y Dobbs Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Fuller.C Galer Y Ginsberg Glover Y Godbee Y Greer Y Ham Hamilton Y Hanner Y Harris Y Harrison Y Hasty Hawkins Y Hays Hill Y Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson.J Jackson.N Y Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones,B Y Jones,H Y Karrh Y Kemp Kilgore Lambert MONDAY, MARCH 15, 1982 2193 Y Lane D YLane,R Y Lawson Y Lee Y Logan Long Lord Y Lowe Y Lucas Mangum Y Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson Y Nix Oliver Y Padgett Y Parham Y Patten Y Perry Peters Y Phillips.B Y Phillips.L.L Phillips.R.T Phillips,W.R Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Y Randall Y Reaves Richardson Robinson Y Rose Y Ross Y Rowland Y Russell Savage Y Scott,A Y Scott.D Y Shepard Y Sherrod Y Sizemore Smith.T Smith.V Y Smyre Y Snow Steinberg Y Swann Thomas Y Thompson Y Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Walker Wall Y Ware Y Watson Y White Widener Williams.B.J Williams.H Y Williams,R Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy On the adoption of the Resolution, the ayes were 130, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House: SB 746. By: Senator Ballard of the 45th: A BILL to amend an Act creating the Alcovy Judicial Circuit, so as to change the salary and expenses of the official court reporter of said circuit; and for other purposes. SB 751. By: Senator Kidd of the 25th: A BILL to create and establish a Small Claims Court of Putnam County; and for other purposes. SB 752. By: Senator Bryant of the 3rd: A BILL to provide for the election of members of the Board of Commissioners of Bryan County; and for other purposes. SB 755. By: Senator Foster of the 50th: A BILL to provide for the appointment of the superintendent of schools of Lumpkin County by the Board of Education of Lumpkin County; and for other purposes. SB 756. By: Senator Foster of the 50th: A BILL to provide for the election of the members of the Board of Education of Lumpkin County; and for other purposes. SB 760. By: Senator Bryant of the 3rd: A BILL to abolish the office of Treasurer of Bryan County; to provide that the Board of Commissioners of Bryan County shall appoint depositories for county funds; and for other purposes. HB 1503. By: Representative Dixon of the 151st: A BILL to repeal an Act entitled "An Act to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Waycross Public Facilities Authority;" and for other purposes. HB 1504. By: Representative Dixon of the 151st: A BILL to amend an Act consolidating the offices of tax receiver and tax collector of Charlton County, so as to change the compensation of the tax commissioner; and for other purposes. 2194 JOURNAL OF THE HOUSE, The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House: HR 639. By: Representatives Smith and Moore of the 152nd, and Byrd and Moody of the 138th: A RESOLUTION proposing an amendment to the Constitution so as to provide that each resident of the Pierce County School District who is 62 years of age or over and whose income from all sources does not exceed $12,000.00 per annum shall be granted an exemption from all Pierce County School Dis trict taxes in the amount of $10,000.00; and for other purposes. HR 713. By: Representative Chamberlin of the 73rd: A RESOLUTION proposing an amendment to the Constitution so as to provide that certain capital improve ments of new manufacturing establishments shall be exempt from certain county ad valorem taxes in Henry County; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate: HB 251. By: Representatives Dixon of the 151st, Crosby of the 150th, Burruss of the 21st and others: A BILL to amend an Act known as the "Stone Mountain Memorial Association Act," so as to authorize the sale by the Stone Mountain Memorial Association of malt beverages, wine and distilled spirits at the facili ties of the association located within Stone Mountain Park by the package and for consumption on the premises; and for other purposes. HB 1584. By: Representative Evans of the 84th: A BILL to amend an Act known as the "Georgia Administrative Procedure Act," so as to provide that hearings may be conducted by telephonic communications with the consent of all parties; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. SB 753. By: Senator Bryant of the 3rd: A BILL to provide for the appointment of the Superintendent of Schools of Bryan County by the Board of Education of Bryan County; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 1426. By: Representative Ham of the 80th: A BILL to amend Code Chapter 47-1, relating to the General Assembly, so as to change the composition of certain state representative districts; to provide for incorporation of the provisions of corporation of the provisions of this Act into the Official Code of Georgia Anno tated; and for other purposes. The Senate has agreed to the House substitute to the following Bill of the Senate: SB 681. By: Senators Robinson of the 27th, Howard of the 42nd, Starr of the 44th and Stumbaugh of the 55th: A BILL to amend Chapter 2 of Title 43 of the Official Code of Georgia Annotated, relating to review, continuation, and termination of regulatory agencies, so as to provide for performance audits; to provide for responses to certain performance audits; to provide for additional procedures relating thereto; and for other purposes. The Senate has agreed to the House amendment to the Senate substitute to the fol lowing Bill of the House: MONDAY, MARCH 15, 1982 2195 HB 638. By: Representatives Fuller of the 16th, Adams of the 14th and Childers of the 15th: A BILL to amend the "Children and Youth Act," so as to change the definition relating to family day-care homes; and for other purposes. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SB 515. By: Senator Land of the 16th: A BILL to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to provide for the Department of Natural Resources to establish a program whereby persons who are 65 years of age or older and who are bona fide residents of the State of Georgia may obtain a 50 percent dis count on camping fees charged at State parks on certain days; and for other purposes. Referred to the Committee on Natural Resources. SB 574. By: Senator Scott of the 43rd: A BILL to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment, so as to change the provisions relating to the authority of a judge to suspend or pro bate sentences of defendants convicted of certain sex crimes; and for other pur poses. Referred to the Committee on Judiciary. SB 714. By: Senator Wessels of the 2nd: A BILL to amend an Act creating the Georgia Department of Labor, so as to create the Correctional Services Division; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. Referred to the Committee on Industry. SB 715. By: Senators Stumbaugh of the 55th, Howard of the 42nd, Scott of the 43rd and others: A BILL to amend the "Stone Mountain Memorial Association Act," so as to provide that the Stone Mountain Memorial Association may invest and reinvest the association fund in certain specified obligations; to amend the Offi cial Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on State Institutions & Property. SB 728. By: Senators Wessels of the 2nd and Foster of the 50th: A BILL to amend an Act known as the "Georgia Residential Finance Authority Act," so as to change the membership of the authority; to provide for legislative intent; to create the Georgia Secondary Market Corporation; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on Banks & Banking. SB 735. By: Senators McGill of the 24th, Gillis of the 20th and Walker of the llth: A BILL to amend Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and market operators, so as to change the amount of bond required of licensees; to prohibit licensing of businesses owned by or employing persons who have previously been involved in defaulting businesses; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. 2196 JOURNAL OF THE HOUSE, SB 736. By: Senators Brannon of the 51st and Cobb of the 28th: A BILL to amend an Act providing for the use of flashing or revolving lights and prohibiting certain conduct in connection therewith, so as to require persons, firms, or corporations which sell certain types of flashing or revolving blue, red, or amber lights to provide certain information to law enforcement agencies; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on Public Safety. SB 746. By: Senator Ballard of the 45th: A BILL to amend an Act creating the Alcovy Judicial Circuit, so as to change the salary and expenses of the official court reporter of said circuit; and for other purposes. Referred to the Committee on Judiciary. SB 747. By: Senator Horton of the 17th: A BILL to amend an Act known as the "Fair Business Practices Act of 1975," so as to provide for the regulation of career consulting firms; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on State Planning & Community Affairs. SB 749. By: Senators Deal of the 49th and Brannon of the 51st: A BILL to amend the "Georgia Post Mortem Examination Act" so as to provide for appeals from ver dicts of coroners' juries; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on Judiciary. SB 750. By: Senators Robinson of the 27th and Cobb of the 28th: A BILL to amend Code Title 5A, relating to alcoholic beverages, so as to allow the commissioner to authorize certain domestic wineries to sell directly to retail dealers; to change the amount of wine which may be produced by such wineries selling at retail on their premises; to amend the Official Code of Georgia Annotated accord ingly; and for other purposes. Referred to the Committee on Temperance. SB 751. By: Senator Kidd of the 25th: A BILL to create and establish a Small Claims Court of Putnam County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 752. By: Senator Bryant of the 3rd: A BILL to provide for the election of members of the Board of Commissioners of Bryan County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 753. By: Senator Bryant of the 3rd: A BILL to provide for the appointment of the Superintendent of Schools of Bryan County by the Board of Education of Bryan County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 755. By: Senator Foster of the 50th: A BILL to provide for the appointment of the superintendent of schools of Lumpkin County by the Board of Education of Lumpkin County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. MONDAY, MARCH 15, 1982 2197 SB 756. By: Senator Foster of the 50th: A BILL to provide for the election of the members of the Board of Education of Lumpkin County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 758. By: Senators Horton of the 17th and Littlefield of the 6th: A BILL to amend Code Chapter 32-9, relating to county boards of education, so as to continue the authority of local school systems to provide for the elderly; to amend the Offi cial Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on Education. SB 760. By: Senator Bryant of the 3rd: A BILL to abolish the office of Treasurer of Bryan County; to provide that the Board of Commissioners of Bryan County shall appoint depositories for county funds; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 761. By: Senator Hudgins of the 15th: A BILL to amend an Act known as the "Chil dren and Youth Act," so as to provide that the regional Youth Services Pro gram director may delegate responsibility to a designee for determining whether children committed to the Department of Human Resources who have violated the conditions of supervision should be apprehended; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Referred to the Committee on Judiciary. SB 762. By: Senator Hudson of the 35th: A BILL to amend an Act known as "The Metro politan Atlanta Rapid Transit Authority Act of 1965," so as to provide for legis lative intent; to change certain provisions relating to the use of the proceeds of certain taxes, bonds, and certificates; and for other purposes. Referred to the Committee on Rules. SB 763. By: Senator Barnes of the 33rd: A BILL to provide the compensation of judges of certain courts of limited jurisdiction; to provide for the procedures whereby the governing authority of a county shall select the method of compensating the judges; to provide for alternative compensation plans for judges of courts of limited jurisdiction; to amend the Official Code of Georgia Annotated accord ingly; and for other purposes. Referred to the Committee on Judiciary. SB 764. By: Senator Coverdell of the 40th: A BILL to amend Code Chapter 15-3, relating to jurisdiction over certain land ceded to or acquired by the United States, so as to consent to the cession of concurrent jurisdiction to the United States over lands within the boundaries of the State of Georgia that are owned by the United States or over which such jurisdiction is necessary for the effective administration and management of the lands owned by the United States; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. Referred to the Committee on Judiciary. SR 275. By: Senators Summers of the 53rd, Gillis of the 20th, Kidd of the 25th and others: A RESOLUTION calling upon the United States Congress to pass an amend ment to the United States Constitution which would require that the record of 2198 JOURNAL OF THE HOUSE, all federal judges be reviewed every eight years and that they stand for reelection every eight years or, in the alternative, calling upon the United States Con gress to call a constitutional convention for the purpose of proposing such an amendment; and for other purposes. Referred to the Committee on Rules. SR 331. By: Senator Broun of the 46th: A RESOLUTION designating the Georgia Museum of Art at the University of Georgia as the State Museum of Art of the State of Georgia; and for other purposes. Referred to the Committee on University System of Georgia. SR 333. By: Senator Bryant of the 3rd: A RESOLUTION proposing an amendment to the Constitution so as to change the requirement that the governing authority of Bryan County levy and collect an annual ad valorem tax of two mills for devel oping and promoting industry and pay the funds derived to the Bryan County Industrial Development Authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SR 340. By: Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A RES OLUTION proposing an amendment to the Constitution so as to provide for the sovereign immunity of the state and all of its departments and agencies; to provide for a waiver thereof by Act of the General Assembly; and for other pur poses. Referred to the Committee on Constitutional Revision. The Speaker directed the Clerk to read a portion of Code Section 47-1303, which reads in part as follows: "Any bill having a significant impact on the anticipated revenue or expenditure level of any State department, bureau, board, council, committee, commission or other State agency must be introduced no later than the 20th day of any session." The Speaker ordered the following Bill of the Senate returned thereto for noncompliance with Code Section 47-1303: SB 739. By: Senator Coverdell of the 40th: A BILL to amend Code Section 91 A-102, relating to definitions under the "Georgia Public Revenue Code," so as to change the provisions relating to the definition of the term "Internal Revenue Code"; to amend the Official Code of Georgia Annotated accordingly; to provide for specific repeal; and for other purposes. By unanimous consent, all House Bills and Resolutions passed today were ordered immediately transmitted to the Senate. The following Resolution of the House was read and adopted: HR 827. By: Representatives Jones of the 126th, Phillips of the 125th, Triplett of the 128th, and others: A RESOLUTION recognizing and commending Marion Clifton Nettles, III; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: MONDAY, MARCH 15, 1982 2199 SB 581. By: Senators Howard of the 42nd, Starr of the 44th, Lester of the 23rd and others: A BILL to amend Code Title 88, relating to public health, so as to provide a new Code chapter establishing a system of community care and services for the elderly; to amend the "Georgia Medical Assistance Act of 1977," so as to pro vide for certain actions necessary to obtain reimbursement; to amend the Offi cial Code of Georgia Annotated accordingly; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Title 88, relating to public health, as amended, so as to provide a new Code chapter establishing a system of community care and services for the elderly; to pro vide for legislative intent; to provide for definitions; to provide for the duties, powers, and functions of the Department of Human Resources, certain lead agencies, assessment teams, and other entities regarding the establishment and administration of a comprehensive and coordinated plan of community care and services for the elderly; to provide for organiza tion, standards, contracts, service areas, progress reports, funding, fees, and contributions; to provide for purposes and goals of the service system and provide for services and their coordination; to provide for priorities; to provide for assessments and certifications; to pro vide for volunteer services and insurance protection therefor; to provide for rules and regu lations; to provide for all other matters relating to the above; to amend the "Georgia Medical Assistance Act of 1977," approved March 16, 1977 (Ga. L. 1977, p. 384), as amended, so as to provide for certain actions necessary to obtain reimbursement for com munity care and services for the elderly; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Title 88, relating to public health, as amended, is amended by add ing immediately following Code Chapter 88-19C a new Code Chapter 88-19D to read as follows: "CHAPTER 88-19D COMMUNITY CARE FOR THE ELDERLY 88-1901D. Legislative intent. The purpose of this Code chapter is to assist function ally impaired elderly persons in living dignified and reasonably independent lives in their own homes or in the homes of relatives or caregivers through the development, expansion, reorganization, and coordination of various community-based services. In rec ognition of the desire of older Georgians to reside at home or with their families as long as possible, the General Assembly intends that a continuum of care be established so that functionally impaired elderly persons age 60 and older may be assured the least restrictive environment suitable to their needs. The General Assembly further intends to maximize the utilization of existing community social and health services in order to prevent unnecessary placement of individuals in long-term care facilities. The develop ment of innovative approaches to program management, staff training, and service deliv ery that impact on cost-avoidance, cost-effectiveness, and program efficiency shall be encouraged. It is further the intent of the General Assembly that the Department of Human Resources shall serve as the agency responsible for planning and implementing the provision of community-based services to the elderly reimbursable under the 'Geor gia Medical Assistance Act of 1977.' 88-1902D. Definitions. As used in this Code chapter, the term: (1) 'Aging Section' means the single organizational unit with the Department of Human Resources responsible for the planning and administration of services under the Older Americans Act of 1965. (2) 'Department' means the Department of Human Resources. 2200 JOURNAL OF THE HOUSE, (3) 'Functionally impaired elderly person' means any person 60 years of age or older with physical or mental limitations that restrict individual ability to perform the normal activities of daily living and which impede individual capacity to live indepen dently. (4) The 'Georgia Medical Assistance Act of 1977' means that Act approved March 16, 1977 (Ga. L. 1977, p. 386), as amended. (5) 'Lead agency' means one or more agencies designated by the Department of Human Resources to assess services needed by functionally impaired elderly persons, to coordinate and provide community care services to those persons, provide case management, and where necessary, subcontract with providers of service. A lead agency shall be either a private nonprofit entity or any public entity, including but not limited to any organizational unit of the department. (6) 'Older Americans Act of 1965' means P.L. 92-258, as amended, upon the effec tive date of this Code chapter. 88-1903D. Duties, Powers, and Administration, (a) The Department shall establish a community care unit within the aging section. The community care unit shall plan and oversee implementation of a system of coordinated community care and support services for the elderly. The community care unit shall develop uniform assessment criteria that shall be used to determine an individual's functional impairment and to evaluate on a periodic basis the individual's need for community support services or institutionalized long-term care. The community care unit shall also define each community care service and establish standards for the delivery of community care services. Where appropriate, the community care unit shall utilize existing standards and definitions. (b) The Department shall designate specified geographic service areas which shall be defined in such a way as to ensure the efficient delivery of community care services. (c) The Department shall contract with a lead agency to coordinate and provide community care services within each specified geographic service area. (d) Each lead agency shall annually submit to the community care unit for approval a service plan evaluating the community care needs of the functionally impaired elderly, identifying priority services and target client groups, and detailing the means by which community care services will be delivered for the service area of that agency. The plan shall also include projected program costs and fees to be charged for services. The lead agency may exclude from the service plan those individuals eligible for benefits under the 'Georgia Medical Assistance Act of 1977,' as amended, for whom there is a reason able expectation that community-based services would be more expensive than services the individual would otherwise receive which would have been reimbursable under the 'Georgia Medical Assistance Act of 1977,' as amended. (e) The Department shall develop a plan which shall provide for the implementation of a community care system in each of the specified geographic service areas by July 1, 1985. The three-year plan shall be developed concurrent with and integrated into the state plan on aging required under the Older Americans Act of 1965 and shall provide for coordination of all community-based services for the elderly. The three-year plan shall include an inventory of existing services and an analysis comparing the cost of institutional long-term care and the cost of community care and other community-based services for the elderly. The multiyear plan shall be presented to the Board of Human Resources no later than July 31, 1983. (f) At the end of the three-year implementation period an annual community care service plan shall be incorporated into the state plan on aging. (g) The Department shall submit on January 1 of each year, beginning in 1984, a progress report on the implementation of the plan required by subsection (e) of this Code section to the Speaker of the House of Representatives, the President of the Sen ate, the Chairman of the House Health and Ecology Committee, and the Chairman of the Senate Human Resources Committee. (h) In accordance with rules promulgated by the Department, lead agencies may col lect fees for community care case management and other services. Such fees shall be established on a sliding scale based upon income and economic need. Fees will not be charged those individuals for the mandatory assessment described in subsection (e) of MONDAY, MARCH 15, 1982 2201 Code Section 1904D. Lead agencies may accept contributions of money or contributions in kind from functionally impaired elderly persons, members of their families, or other interested persons or organizations. Such contributions may not be a condition of ser vices and shall only be used to further the provision of community care services. (i) Funding for services under this Code chapter shall be in addition to and not in lieu of funding for existing community services for the elderly. The Department and the lead agency shall ensure that all other funding sources available, including reimburse ment under the 'Georgia Medical Assistance Act of 1977' and the Older Americans Act of 1965, have been used prior to utilizing state funds for community care for the elderly. 88-1904D. Community Care for the Elderly Program, (a) Each lead agency shall be responsible for the establishment of a community care service system which shall have as its primary purpose the prevention of unnecessary institutionalization of functionally impaired elderly persons through the provision of community-based services. Each com munity care service system shall provide no fewer than six of the services listed in sub section (c) of this Code section, four of which shall include case management, assessment of functional impairment and needed community services, homemaker, and home health care services. Case management services shall be provided to each community care ser vice recipient to ensure that arrangements are made for appropriate services. If indepen dent living is no longer possible for a functionally impaired elderly person, the case manager shall assist the person in locating the most appropriate, least restrictive, and most cost-beneficial alternative living arrangement. (b) All existing community resources available to the functionally impaired elderly person shall be coordinated into the community care service system to provide a continuum of care to such persons. The lead agency shall establish agreements, policies, and procedures for service integration and referral mechanisms with such programs. (c) Services to be coordinated by the lead agency shall include, without being limited to, the following: (1) Case management; (2) Assessment of functional impairment and needed community services; (3) Homemaker services; (4) Home health care services; (5) In-home personal care services; (6) Adult day health services; (7) Adult day care; (8) Habilitation services; (9) Respite care; (10) Older Americans Act services, including transportation, nutritional, social, and other services; (11) Title XX services; (12) Senior center services; (13) Protective services; (14) Financial assistance services, including, but not limited to, food stamps, Medicaid, Medicare, and Supplemental Security Income; (15) Health maintenance services; and (16) Other community services. (d) Priority in provision of community care services shall be given to those individu als who have been certified for skilled or intermediate institutional nursing care service benefits conferred by the 'Georgia Medical Assistance Act of 1977' and who need home and community-based services in order to avoid institutionalization. Services may be provided to other functionally impaired persons as resources allow, as determined by the Department. Priority in provision of community care services to such other persons will be based on economic, social, and medical needs. (e) All individuals seeking certification for benefits conferred by the 'Georgia Medi cal Assistance Act of 1977,' as amended, to be used to pay the cost of placement in a long-term care facility or individuals who would be eligible for such benefits within 180 days of nursing home admission, shall, as a precondition to that certification, undergo 2202 JOURNAL OF THE HOUSE, evaluation by an assessment team designated by the lead agency to determine if institutionalization can be avoided by provision of more cost-effective community-based ser vices. If the individual being evaluated requires community-based services which, over a twelve-month period, would cost more than the cost of care in a long-term care facil ity, then such community-based services shall not be deemed cost effective. Such costeffective determination shall apply to each case management evaluation. The assessment team shall, at a minimum, consist of a physician, a registered nurse, and a social worker. Whenever possible, the assessment team shall be responsible for the precertification for nursing home placement and determination of the appropriate level of care, as required by the State Plan for Medical Assistance, as defined in the 'Georgia Medical Assistance Act of 1977.' (f) The decision of the assessment team shall be forwarded to the agency designated in the State Plan for Medical Assistance, as defined in the 'Georgia Medical Assistance Act of 1977,' as responsible for the certification of benefits for individuals. If the assess ment team and the case manager have determined that an individual could be better and more cost-effectively served in the community, said agency shall not certify said individual for skilled or intermediate institutional nursing care service benefits until the lead agency has informed that individual of the availability of community-based services within the lead agency's geographic service area and of the right of that individual to choose to receive those services as an alternative to placement in a long-term care facil ity. That individual shall advise the lead agency of that individual's choice of service alternatives. If that-individual is otherwise eligible for those benefits for which certifica tion is sought, the agency responsible for certification of benefits shall certify the indi vidual either for placement in a long-term care facility or for receiving community-based services, as the individual advised the lead agency. The evaluation and certification shall be completed in a timely manner. (g) The lead agency shall seek to utilize volunteers to provide community services for functionally impaired elderly persons. The Department may provide appropriate insur ance coverage to protect volunteers from personal liability while acting within the scope of their volunteer assignments in the community care service system. Coverage may also include excess automobile liability protection. 88-1905D. The Department shall adopt rules and regulations necessary to implement the provisions of this Code chapter." Section 2. The "Georgia Medical Assistance Act of 1977," approved March 16, 1977 (Ga. L. 1977, p. 384), as amended, is amended by adding immediately preceding Section 16 thereof a new Section 15B to read as follows: "Section 15B. Reimbursement for Community Care for Elderly. It is the intention of the General Assembly that the Department of Medical Assistance be authorized to take those actions necessary to provide reimbursement for services rendered under Code Chapter 88-19D, relating to community care for the elderly." Part 2 Section 3. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Anno tated is amended by adding following Code Section 49-4-156 a new Code Section 49-4-156.1 to read as follows: "49-4-156.1. It is the intention of the General Assembly that the Department of Medical Assistance be authorized to take those actions necessary to provide reimburse ment under this article for services rendered under Article 5 of Chapter 6 of Title 49, relating to community care for the elderly." Section 4. Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, is amended by adding at the end thereof a new Article 5 to read as follows: "Article 5 49-6-60. The purpose of this chapter is to assist functionally impaired elderly persons in living dignified and reasonably independent lives in their own homes or in the homes MONDAY, MARCH 15, 1982 2203 of relatives or caregivers through the development, expansion, reorganization, and coor dination of various community-based services. In recognition of the desire of older Georgians to reside at home or with their families as long as possible, the General Assembly intends that a continuum of care be established so that functionally impaired elderly persons age 60 and older may be assured the least restrictive environment suit able to their needs. The General Assembly further intends to maximize the utilization of existing community social and health services in order to prevent unnecessary place ment of individuals in long-term care facilities. The development of innovative approaches to program management, staff training, and service delivery that impact on cost avoidance, cost effectiveness, and program efficiency shall be encouraged. It is fur ther the intent of the General Assembly that the Department of Human Resources shall serve as the agency responsible for planning and implementing the provision of community-based services to the elderly reimbursable under the 'Georgia Medical Assist ance Act of 1977.' 49-6-61. As used in this chapter, the term: (1) 'Aging Section' means the single organizational unit with the Department of Human Resources responsible for the planning and administration of services under the Older Americans Act of 1965. (2) 'Department' means the Department of Human Resources. (3) 'Functionally impaired elderly person' means any person 60 years of age or older with physical or mental limitations that restrict individual .ability to perform the normal activities of daily living and which impede individual capacity to live indepen dently. (4) The 'Georgia Medical Assistance Act of 1977' means Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated. (5) 'Lead agency' means one or more agencies designated by the Department of Human Resources to assess services needed by functionally impaired elderly persons, to coordinate and provide community care services to those persons, provide case management, and where necessary, subcontract with providers of service. A lead agency shall be either a private nonprofit entity or any public entity, including but not limited to any organizational unit of the department. (6) 'Older Americans Act of 1965' means P.L. 92-258, as amended, upon the effec tive date of this chapter. 49-6-62. (a) The department shall establish a community care unit within the aging section. The community care unit shall plan and oversee implementation of a system of coordinated community care and support services for the elderly. The community care unit shall develop uniform assessment criteria that shall be used to determine an ' individual's functional impairment and to evaluate on a periodic basis the individual's need for community support services or institutionalized long-term care. The community care unit shall also define each community care service and establish standards for the delivery of community care services. Where appropriate, the community care unit shall utilize existing standards and definitions. (b) The department shall designate specified geographic service areas which shall be defined in such a way as to ensure the efficient delivery of community care services. (c) The department shall contract with a lead agency to coordinate and provide com munity care services within each specified geographic service area. (d) Each lead agency shall annually submit to the community care unit for approval a service plan evaluating the community care needs of the functionally impaired elderly, identifying priority services and target client groups, and detailing the means by which community care services will be delivered for the service area of that agency. The plan shall also include projected program costs and fees to be charged for services. The lead agency may exclude from the service plan those individuals eligible for benefits under the 'Georgia Medical Assistance Act of 1977,' as amended, for whom there is a reason able expectation that community-based services would be more expensive than services the individual would otherwise receive which would have been reimbursable under the 'Georgia Medical Assistance Act of 1977,' as amended. (e) The department shall develop a plan which shall provide for the implementation of a community care system in each of the specified geographic service areas by July 2204 JOURNAL OF THE HOUSE, 1, 1985. The three-year plan shall be developed concurrent with and integrated into the state plan on aging required under the Older Americans Act of 1965 and shall provide for coordination of all community-based services for the elderly. The three-year plan shall include an inventory of existing services and an analysis comparing the cost of institutional long-term care and the cost of community care and other community-based services for the elderly. The multiyear plan shall be presented to the Board of Human Resources no later than July 31, 1983. (f) At the end of the three-year implementation period an annual community care service plan shall be incorporated into the state plan on aging. (g) The department shall submit on January 1 of each year, beginning in 1984, a progress report on the implementation of the plan required by subsection (e) of this Code section to the Speaker of the House of Representatives, the President of the Sen ate, the Chairman of the House Health and Ecology Committee, and the Chairman of the Senate Human Resources Committee. (h) In accordance with rules promulgated by the department, lead agencies may col lect fees for community care case management and other services. Such fees shall be established on a sliding scale based upon income and economic need. Fees will not be charged those individuals for the mandatory assessment described in subsection (e) of Code Section 46-6-63. Lead agencies may accept contributions of money or contributions in kind from functionally impaired elderly persons, members of their families, or other interested persons or organizations. Such contributions may not be a condition of ser vices and shall only be used to further the provision of community care services. (i) Funding for services under this chapter shall be in addition to and not in lieu of funding for existing community services for the elderly. The department and the lead agency shall ensure that all other funding sources available, including reimbursement under the 'Georgia Medical Assistance Act of 1977' and the Older Americans Act of 1965, have been used prior to utilizing state funds for community care for the elderly. 49-6-63. (a) Each lead agency shall be responsible for the establishment of a commu nity care service system which shall have as its primary purpose the prevention of unnecessary institutionalization of functionally impaired elderly persons through the provision of community-based services. Each community care service system shall pro vide no fewer than six of the services listed in subsection (c) of this Code section, four of which shall include case management, assessment of functional impairment and needed community services, homemaker, and home health care services. Case manage ment services shall be provided to each community care service recipient to ensure that arrangements are made for appropriate services. If independent living is no longer possi ble for a functionally impaired elderly person, the case manager shall assist the person in locating the most appropriate, least restrictive, and most cost beneficial alternative living arrangement. (b) All existing community resources available to the functionally impaired elderly person shall be coordinated into the community care service system to provide a continuum of care to such persons. The lead agency shall establish agreements, policies, and procedures for service integration and referral mechanisms with such programs. (c) Services to be coordinated by the lead agency shall include, without being limited to, the following: (1) Case management; (2) Assessment of functional impairment and needed community services; (3) Homemaker services; (4) Home health care services; (5) In-home personal care services; (6) Adult day health services; (7) Adult day care; (8) Habilitation services; (9) Respite care; (10) Older Americans Act services, including transportation, nutritional, social, and other services; (11) Title XX services; MONDAY, MARCH 15, 1982 2205 (12) Senior center services; (13) Protective services; (14) Financial assistance services, including, but not limited to, food stamps, Medicaid, Medicare, and Supplemental Security Income; (15) Health maintenance services; and (16) Other community services. (d) Priority in provision of community care services shall be given to those individu als who have been certified for skilled or intermediate institutional nursing care service benefits conferred by the 'Georgia Medical Assistance Act of 1977' and who need home and community-based services in order to avoid institutionalization. Services may be provided to other functionally impaired persons as resources allow, as determined by the department. Priority in provision of community care services to such other persons will be based on economic, social, and medical needs. (e) All individuals seeking certification for benefits conferred by the 'Georgia Medi cal Assistance Act of 1977,' as amended, to be used to pay the cost of placement in a long-term care facility or individuals who would be eligible for such benefits within 180 days of nursing home admission, shall, as a precondition to that certification, undergo evaluation by an assessment team designated by the lead agency to determine if institu tionalization can be avoided by provision of more cost-effective community-based ser vices. If the individual being evaluated requires community-based services which, over a twelve-month period, would cost more than the cost of care in a long-term care facil ity, then such community-based services shall not be deemed cost effective. Such costeffective determination shall apply to each case management evaluation. The assessment team shall, at a minimum, consist of a physician, a registered nurse, and a social worker. Whenever possible, the assessment team shall be responsible for the precertification for nursing home placement and determination of the appropriate level of care, as required by the State Plan for Medical Assistance, as defined in the 'Georgia Medical Assistance Act of 1977.' (f) The decision of the assessment team shall be forwarded to the agency designated in the State Plan for Medical Assistance, as defined in the 'Georgia Medical Assistance Act of 1977,' as responsible for the certification of benefits for individuals. If the assess ment team and the case manager have determined that an individual could be better and more cost effectively served in the community, said agency shall not certify said individual for skilled or intermediate institutional nursing care service benefits until the lead agency has informed that individual of the availability of community-based services within the lead agency's geographic service area and of the right of that individual to choose to receive those services as an alternative to placement in a long-term care facil ity. That individual shall advise the lead agency of that individual's choice of service alternatives. If that individual is otherwise eligible for those benefits for which certifica tion is sought, the agency responsible for certification of benefits shall certify the indi vidual either for placement in a long-term care facility or for receiving community-based services, as the individual advised the lead agency. The evaluation and certification shall be completed in a timely manner. (g) The lead agency shall seek to utilize volunteers to provide community services for functionally impaired elderly persons. The department may provide appropriate insur ance coverage to protect volunteers from personal liability while acting within the scope of their volunteer assignments in the community care service system. Coverage may also include excess automobile liability protection. 49-6-64. The department shall adopt rules and regulations necessary to implement the provisions of this chapter." Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. 2206 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.J Y Adams.M Y Aiken Y Andersen YArgo Y Auten Y Balkcom Y Bargeron YBaugh Beal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Clark.L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Davis.B YDavisJ Y Davis,L Dean YDent Y Dixon YDobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Y Glover Y Godbee YGreer YHam Hamilton Y Hanner Y Harris YHanrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin Ylsakson Y Jackson,J Y Jackson.N Jackson.W YJessup Y Johnson.G Y Johnsonjl Jones.B Y Jones.H YKarrh YKemp Y Kilgore Y Lambert YLane,D YLane,R YLawson YLee YLogan YLong Lord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Moody Y Moore Y Mostiler Mullinax Y Nicholson YNU Oliver Y Padgett YParham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips,L.L Y Phillips,R.T Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett YTuten YTwiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson Y White Y Widener Y Williams,B.J Williams.H 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 155, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. Due to mechanical failure, the vote of Representative Elliott of the 49th was not recorded on the preceding roll call. He wished to vote "aye" thereon. SB 497. By: Senators Howard of the 42nd and Lester of the 23rd: A BILL to amend an Act making provision for the licensure of applied psychologists, so as to change the definition regarding the practice of applied psychology; to amend the Offi cial Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adama.M Y Aiken Y Anderson YArgo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Birdsong Y Bishop Y Bolster Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambles Y Chance Y Cheeks Y Childers Y Childs Clark.B Clark.L MONDAY, MARCH 15, 1982 2207 Y Colbert Coleman Y Coiling Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Cummings Darden Daugherty Davis.B Y Davis,J Y Davis.L Dean YDent Y Diion YDobbs Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Foster Y Fuller.C YGaler Y Ginsberg Y Glover God bee YGreer YHam Hamilton Y Manner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin YIsakson Y Jackson.J Y Jackson,N Jackson.W Y Jessup Y Johnson.G Y Johnson.R Jones,B Y Jones,H YKarrh YKemp Y Kilgore Lambert YLane,D YLane,R Y Lawson YLee YLogan Long Lord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson YNii Oliver Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips,L.L Y Phillips,R.T Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey YRandall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Smith.T Smith,V Smyre YSnow Y Steinberg YSwann Y Thomas Thompson Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y WaU Ware Y Watson Y White Y Widener Y Williams,B.J Williams.H Y Williams,R Y Wilson YWood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 417. By: Senator Greene of the 26th: A BILL to amend Code Section 88-1913, relating to reports of incidents of physical injury or injuries by other than acci dental means by certain personnel employed in certain medical facilities, so as to clarify that such reports shall be made to the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 88-1913, relating to reports of incidents of physical injury or injuries by other than accidental means by certain personnel employed in certain medical facilities, so as to clarify that such reports shall be made to the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Section 88-1913, relating to reports of incidents of physical injury or injuries by other than accidental means by certain personnel employed in certain medi cal facilities, is hereby amended by striking the second sentence of subsection (b) of said Code section, which reads as follows: "Said person in charge or his designated delegate shall in turn notify the appropriate police authority of the same.", and inserting in lieu thereof the following: "The person in charge of the medical facility or his designated delegate shall then notify the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located of the contents of the report.", 2208 JOURNAL OF THE HOUSE, so that when so amended, subsection (b) of Code Section 88-1913 shall read as follows: "(b) An oral report shall be made immediately by telephone or otherwise and fol lowed by a report in writing, if requested, to the person in charge of the medical facility or his designated delegate. Said persei* in charge er his designated delegate shaH m tarn notify the appropriate peliee authority ef th same. The person in charge of the medical facility or his designated delegate shall then notify the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located of the contents of the report. Such reports shall contain the name and address of the patient, the nature and extent of the patient's injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator." Part 2 Section 2. Code Section 31-7-9 of the Official Code of Georgia is amended by strik ing subsection (b) of said Code Section in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) An oral report shall be made immediately by telephone or otherwise and shall be followed by a report in writing, if requested, to the person in charge of the medical facility or his designated delegate. Sweh person shall in tw notify the appropriate peliee authority erf th same. The person in charge of the medical facility or his desig nated delegate shall then notify the local law enforcement agency having primary juris diction in the area in which the medical facility is located of the contents of the report. The report shall contain the name and address of the patient, the nature and extent of the patient's injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpe trator." Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by 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 Aiken Y Anderson Y Argo Y Auten Y Balkcom Bargeron Y Baugh Seal Y Beck Y Benefield Benn Birdsong Y Bishop Y Bolster Y Branch Y Bray Y Brooks Buck Y Burruss Y Burton Y Byrd Cason Y Castleberry N Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Clark.L Y Colbert Coleman Y Collins Colwell Y Connell Y Couch Y Cox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis.B Y Davis.J Y Davis.L Dean Y Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Foster Y Fuller.C Y Galer Y Ginsberg Y Glover Y Godbee Y Greer Y Ham Hamilton Banner Harris Y Harrison Y Hasty Y Hawkins Y Hays Y Hill Y Holmes Y Hooks Y Home Y Hutchinson Irvin Y Isakson Y Jackson,J Y Jackson.N Jackson.W Y Jessup Y Johnson.G Y Johnson.R Jones,B Y Jones.H Karrh Y Kemp Y Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson Y Lee Y Logan MONDAY, MARCH 15, 1982 2209 YLong Lord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson YNbt Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips,L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey YRandall Y Reaves Y Richardson Y Robinson Rose YRoss Y Rowland Y Russell Y Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Smith.T Smith,V Smyre YSnow Y Steinberg YSwann Y Thomas Y Thompson Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson Y White Y Widener Y Williams.B.J Williams.H Y Williams,R Y Wilson YWood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, by substitute, the ayes were 139, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the Montgomery amendment thereto: SB 83. By: Senators Cobb of the 28th and English of the 21st: A BILL to amend Code Chapter 105-18, relating to defenses against torts, so as to provide immunity from liability for care, assistance, or advice relating to certain dangerous inci dents involving compressed gases; to provide for exceptions; and for other pur poses. Representative Jones of the 78th moved that the House recede from the Montgomery amendment to SB 83. 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 Aiken Y Anderson YArgo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Birdsong Y Bishop Bolster Y Branch YBray Y Brooks Buck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Claik,B Clark,L Y Colbert Coleman Collins Y Colwell Connell Y Couch Cox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Y Daugherty Davis.B Y Davis,J Davis.L Dean YDent Y Dixon Y Dobbs Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster N Fuller.C Y Galer N Ginsberg Glover Godbee Y Greer YHam Hamilton Manner Harris Harrison Hasty Y Hawkins YHays YHill Holmes Y Hooks Home Y Hutchinson Irvin YIsakson Y JacksonJ Jackson.N Jackson,W Y Jessup Y Johnson.G Y Johnson.R Y Jones,B Y Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane,D Y Lane.R Y Lawson YLee Y Logan YLong Lord YLowe Lucas Y Mangum YMann Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Nicholson Nix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips,L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Randall Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell Y Savage Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Y Smyre YSnow Y Steinberg Y Swann Thomas Y Thompson Y Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey 2210 JOURNAL OF THE HOUSE, Y Waddle Y Walker YWall Ware Y Watson Y White Widener Y Williams.B.J Williams.H On the motion, the ayes were 129, nays 2. The motion prevailed. Williams.R Y Wilson Y Wood.J Y Wood,J.T Y Workman Speaker Murphy The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto: HB 1323. By: Representative Phillips of the 59th: A BILL to amend Code Section 16-12-1 of the Official Code of Georgia Annotated, relating to contributing to the delin quency of a minor, so as to make contributing to the delinquency, unruliness, or deprivation of a minor unlawful; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 16-12-1 of the Official Code of Georgia Annotated, relating to contributing to the delinquency of a minor, so as to make contributing to the delin quency, unruliness, or deprivation of a minor unlawful; to provide definitions; to prohibit a certain defense; to provide for penalties; to provide an effective date; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-12-1 of the Official Code of Georgia Annotated, relating to contributing to the delinquency of a minor, is amended by striking in its entirety said Code section, which reads as follows: "16-12-1. When any parent, guardian, or person having the custody, control, or supervision of any delinquent or neglected child, or any other person has knowingly and willfully encouraged, aided, caused, abetted, or connived at such state of delinquency or neglect or has willfully done any act or acts which he knew or should have known would produce, promote, or contribute to or tend to produce, promote, or contribute to the conditions which render such a child delinquent or neglected, such parent, guardian, or other person shall be guilty of a misdemeanor.", and inserting in lieu thereof a new Code Section 16-12-1 to read as follows: "16-12-1. (a) As used in this Code section, the term: (1) 'Conviction' means a finding of guilt, an entering of a plea of guilty, or an entering of a plea of nolo contendere. (2) 'Minor' means any individual who is under the age of 17 years or any individ ual under the age of 18 years who is alleged to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings. (b) A person commits the offense of contributing to the delinquency, unruliness, or deprivation of a minor when: (1) He knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent act as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (2) He knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing an act which would cause such minor to be found to be an unruly child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; or (3) He willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings. (c) It shall not be a defense to the offense provided for in this Code section that the minor has not been formally adjudged to have committed a delinquent act or has not been found to be unruly or deprived. MONDAY, MARCH 15,1982 2211 (d) A person convicted of the offense of contributing to the delinquency, unruliness, or deprivation of a minor shall be punished as follows: (1) Upon conviction of the first offense, the defendant shall be guilty of a misde meanor and shall be fined not less than $200.00 nor more than $500.00 or shall be imprisoned for not less than one month nor more than five months, or both fined and imprisoned; (2) Upon conviction of the second offense, the defendant shall be guilty of a mis demeanor and shall be fined not less than $400.00 nor more than $1,000.00 or shall be imprisoned for not less than three months nor more than one year, or both fined and imprisoned; and (3) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than three years, or both fined and imprisoned." Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Representative Phillips of the 59th moved that the House agree to the Senate substi tute to HB 1323. On the motion, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G Y AdamsJ YAdung,M YAiken Y Andenon YArgo Y Auten YBalkcom Y Bargeron YBaugh Beal YBeck Y Benefield YBenn Birdsong Y Bishop Bolster Branch Bray Y Brooks YBuck YBunuu Y Burton YByrd YCason Y Castleberry N Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Clark.L Y Colbert Coleman Collins Y Colwell Y Connell Y Couch YCox Y Crawford YCrosby Culpepper Y Cummings YDarden Y Daugherty Y Davis.B Y Davis,J Y Davis.L Dean YDent Y DUon YDobbs Y Dover Y Edwards Y Elliott N Evans Y Felton Fortune Y Foster Y FuUer.C YGaler Y Ginsberg Glover Godbee YGreer NHam Hamilton Y Hanner Harris Y Harrison N Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Y Hutchinson Ylrvin Ylsakson Y Jackson.J Y Jackson.N Jackson.W Y Jessup Y Johnson.G Y Johnson,R Jones.B Y Jones.H NKarrh YKemp Y Kilgore Y Lambert YLane,D Lane,R YLawson YLee YLogan Long Lord YLowe Y Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinu Y Nicholson YNi* Oliver Y Padgett YParham Y Patten Y Perry Y Peters Y Phillips.B Phillip8,L.L Y Phillips,R.T N Phillips,W.R Y Pilewicz Pinkston YRainey Y Ralston YRamsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Scott.A Scott.D Y Shepard Y Sherrod Sizemore Smith,T Smith.V YSmyre YSnow Y Steinberg Y Swann Thomas Y Thompson Y Townsend Triplett YTuten YTwiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker YWatt Ware Y Watson Y White Y Widener Y Williams.B.J Williams.H Y Williams.R Y Wilson YWoodJ Y WocxU.T Y Workman Speaker Murphy On the motion, the ayes were 132, nays 7. The motion prevailed. The following Resolution of the House was read and referred to the Committee on Rules: 2212 JOURNAL OF THE HOUSE, HR 829. By: Representatives Argo of the 63rd, Lambert of the 112th, and Triplett of the 128th: A RESOLUTION creating the House Study Committee on HB 1579; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the House was taken up for consideration and read the third time: HR 534. By: Representatives Thompson and Darden of the 19th, Aiken and Burruss of the 21st, Harris of the 8th and others: A RESOLUTION Creating the Preference to Georgia Products Study Committee; and for other pur poses. WHEREAS, Georgia law (Code Section 40-1903, Ga. Code Ann.) requires the Depart ment of Administrative Services, in the purchase of materials, supplies, and equipment, to give preference to products manufactured or produced in Georgia if such products are equivalent to out-of-state products in price and quality; and WHEREAS, many out-of-state businesses engage in bidding procedures which assure lower bids and subsequent contracts with the state; and WHEREAS, the loss of business to out-of-state companies severely hurts the economy of Georgia; and WHEREAS, governmental units and private businesses throughout the state should be encouraged to give preference to products manufactured or produced in Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is hereby created the Preference to Georgia Products Study Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House, who shall also appoint one of the members as chairman. The com mittee shall inquire into the purchasing practices of the state to ascertain whether more preference can be given to products manufactured or produced in Georgia. The committee shall further determine what actions can be taken to encourage other governmental units and private businesses to give preference to Georgia products. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, no later than December 31, 1982, at which time the committee shall stand abolished. The following amendment was read and adopted: The Committee on Industry moves to amend HR 534 by adding on line 4 of page 2, between the word "places" and the word "and", the following: "in this state". By striking from line 10 of page 2 the following: "ten", and inserting in lieu thereof the following: MONDAY, MARCH 15, 1982 2213 The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y AdamsJ Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom Y Bargeron YBaugh Real YBeck Benefield NBenn Birdsong Y Bishop Bolster Y Branch Bray Brooks YBuck Y Burruss N Burton YByrd YCason Y Castleberry Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Clark,L Y Colbert Y Coleman Collins Y Colwell Y Connell N Couch YCox N Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Y Davis,B N Davis,J Davis.L Dean YDent Y Dixon Y Dobbs N Dover Y Edwards Y Elliott Evans Y Felton Y Fortune Y Foster N Fuller.C YGaler Y Ginsberg Glover YGodbee Y Greer YHam Hamilton Y Hanner Y Harris Harrison Y Hasty Y Hawkins YHays YHill Y Hohnes Y Hooks Home Y Hutchinson Ylrvin Y Isakson Y Jackson,J N Jackson.N Jackson.W Y Jessup Y Johnson,G Y Johnson,R Jones,B Jones,H N Karrh YKemp Y Kilgore Y Lambert Y Lane,D Lane.R Y Lawson YLee YLogan Long Lord YLowe Y Lucas Y Mangum Mann Marcus Y Martin Y Matthews Y McCollum McDonald Y McKinney Y Miles Y Milford N Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Patten Y Perry Y Peters Phillips.B Phillips.L.L Y Phillips.R.T N Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Scott,A N Scott,D N Shepard Y Sherrod Sizemore Y Smith.T Smith.V Smyre Y Snow Y Steinberg Y Swann Thomas Y Thompson Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker Y Wall Y Ware Y Watson Y White Y Widener Y Williams.B.J Williams,H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, as amended, the ayes were 124, nays 13. The Resolution, having received the requisite constitutional majority, was adopted, as amended. The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 629. By: Representatives Perry of the 146th, Long of the 142nd, Sherrod of the 143rd and others: A BILL to amend Code Section 101-205, relating to the dis tribution and sale of copies of laws and journals, so as to authorize the chief judge of the superior courts of each judicial circuit to limit the distribution of certain session laws; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 90-210, relating to distribution of appellate reports, as amended, so as to authorize chief judges of judicial circuits to discontinue or restore distri bution of copies of appellate reports to counties within such circuits under certain condi tions; to amend Code Section 101-205, relating to distribution and sale of copies of laws 2214 JOURNAL OF THE HOUSE, and journals, as amended, so as to authorize chief judges of judicial circuits to discontinue or restore distribution of sets of Georgia Session Laws and legislative journals to counties within such circuits under certain conditions; to amend the Official Code of Georgia Anno tated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Section 90-210, relating to distribution of copies of appellate reports, as amended, is hereby amended by adding at the end of subsection (d) thereof the follow ing new paragraph: "Notwithstanding the provisions of this subsection regarding distribution of copies to superior courts and to judges of the probate courts, the chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of any of that county's authorized number of copies of reports, as such judge determines the needs therefor, upon written request to the librarian. In any event, at least one copy of each report shall be distributed to each county to be placed in the county law library or, if no such library is maintained, in the office of the judge of the probate court for the use of the general public." Section 2. Code Section 101-205, relating to distribution and sale of copies of laws and journals, as amended, is hereby amended by adding at the end of subsection (a) thereof, relating to Georgia Session Laws, the following new paragraph: "Notwithstanding the provisions of this subsection regarding distribution of sets of session laws to superior courts and to judges of the probate court, the chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have dis continued or restored the distribution of any of that county's authorized number of sets of session laws, as such judge determines the needs therefor, upon written request to the librarian. In any event, at least one set of each session laws shall be distributed to each county to be placed in the county law library or, if no such library is maintained, in the office of the judge of the probate court for the use of the general public." Section 3. Code Section 101-205, relating to distribution and sale of laws and jour nals, as amended, is hereby amended by striking from subsection (b) thereof, relating to journals of the House and Senate, the following: "Judge of the Probate Court .......................................................................................one set (each county)", and inserting in lieu thereof the following: "Judge of the Probate Court ..........................................................................................one set (each county) The chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of that county's set of journals, as such judge determines the needs therefor, upon written request to the librarian." Part 2 Section 4. Code Section 50-11-10, relating to distribution of laws and journals by the state librarian, is amended by adding at the end new subsections (d) and (e) to read as follows: "(d) Notwithstanding the provisions of paragraph (1) of subsection (a) of this Code section, regarding distribution of sets of session laws to superior courts and to judges of the probate court, the chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of any of that county's authorized number of sets of session laws, as such judge determines the needs therefor, upon written request to the librarian. In any event, at least one set of MONDAY, MARCH 15, 1982 2215 each session laws shall be distributed to each county to be placed in the county law library or, if no such library is maintained, in the office of the judge of the probate court for the use of the general public. (e) Notwithstanding the provisions of paragraph (2) of subsection (a) of this Code section regarding distribution of journals to judges of the probate court, the chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of that county's set of journals, as such judge determines the needs therefor, upon written request to the librarian." Section 5. Code Section 50-18-31 of the Official Code of Georgia Annotated, relating to the procedure for distribution of reports, is amended by adding at the end thereof a new paragraph (5) to read as follows: "(5) Notwithstanding the provisions of paragraph (4) of this Code section regarding distribution of reports to superior courts and to judges of the probate courts, the chief judge of the superior courts of any judicial circuit may, for any county within that cir cuit, have discontinued or restored the distribution of any of that county's authorized number of copies of reports, as such judge determines the needs therefor, upon written request to the librarian. In any event, at least one copy of each report shall be distrib uted to each county to be placed in the county law library or, if no such library is main tained, in the office of the judge of the probate court for the use of the general public." Parts Section 6. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 7. All laws and parts of laws in conflict with this Act are repealed. Representative Perry of the 146th moved that the House agree to the Senate substi tute to HB 629. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G YAdanuJ Y Adams,M YAiken Y Anderson Y Argo Y Auten YBalkcom Y Bargeron YBaugh YBea) YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Y Brooks YBuck YBurruss Y Burton YByrd YCason Y Castleberry Chain berlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark.B ClarkJ. Y Colbert Y Coleman Collins Y Colwell Connell Y Couch Coi Y Crawford YCrosby Y Culpepper Y Cummings YDarden Y Daugherty Y Davis.B YDavisJ Y Davis.L Dean YDent Y Diion YDobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y God bee Y Greer YHam Hamilton Y Manner Harris Harrison Y Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Y Hutchinson Ylrvin Isakson Y Jackson.J Y Jackson.N Y Jackson.W Y Jessup Y Johnson.G Y Johnson,R Y Jones.B Y Jones,H YKarrh YKemp Y Kilgore Y Lambert Y Lane,D YLane,R YLawson YLee YLogan YLong Lord YLowe Y Lucas Y Mangum Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Moore Y Mostiler Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips,L.L Phillips.R.T Y Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Randall Reaves Y Richardson Y Robinson YRose YRoss Y Rowland N Russell Y Savage Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg YSwann Y Thomas Thompson Y Townsend Triplett 2216 JOURNAL OF THE HOUSE, Y Tuten YTwiggs YVandiford Y Vaughn Y Veazey Waddle Y Walker Y Wall Ware Y Watson Y White Y Widener Y Williams.BJ Williams.H Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the motion, the ayes were 147, nays 1. The motion prevailed. HB 1335. By: Representatives Lambert of the 112th and Argo of the 63rd: A BILL to pro vide for a statement of purpose; to provide for the declaration of an emergency with regard to jail and prison overcrowding by the Governor; to provide for the release of state prison inmates by the State Board of Pardons and Paroles with out regard to time-served requirements; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate substitute was read: A BILL To provide for a statement of purpose; to provide for the declaration of an emergency with regard to jail and prison overcrowding by the Governor; to provide for the release of certain state prison inmates by the State Board of Pardons and Paroles without regard to time-served requirements; to provide for definitions; to provide for certain reports to the General Assembly; to amend the Official Code of Georgia Annotated accordingly; to pro vide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA: Section 1. The General Assembly recognizes that the number of persons convicted of crimes in the State of Georgia and sentenced to serve terms of imprisonment in the state prison system has increased greatly in recent years; that, under the moral require ments of humane treatment for prisoners, there is a limit to the present capacity of penal institutions comprising the prison system of the State of Georgia; that, because of the lim ited present capacity of the state penal system, there is a resulting crisis in overcrowding of local jail and detention facilities due to the backlog of convicted persons awaiting trans fer to the state prison system; that the delay in time required to construct new state prison facilities in order to increase the capacity of the state prison system would cause little present relief of the crisis of overcrowding which exists in jail and local detention facilities; that there is an uncertainty as to future needs for additional capacity in the state prison system if alternatives to incarceration are adequately developed and utilized after the present crisis has passed; that there is an uncertainty as to the necessity for local gov ernments to build additional bed space in jails and local detention facilities at their own expense to alleviate the present overcrowding crisis if the present state capacity may be better utilized to relieve that crisis; and, finally, that the release of state prison inmates not otherwise eligible for release on parole is necessary to alleviate the overcrowded prison system during a declared emergency. It is the purpose of this Act to authorize the Gover nor and the State Board of Pardons and Paroles to remedy an emergency with regard to the overcrowding of the state prison system. Part 1 Section 2. As used in this Act, the term: (1) "Population" shall mean the actual number of inmates present in the correc tional institutions of the state prison system and shall not include state inmates assigned to county operated correctional institutions. (2) "Capacity" shall mean the actual bed space in the prison system of the State of Georgia now or in the future, as certified by the commissioner of the Department of Offender Rehabilitation and approved by the director of the Office of Planning and Budget. MONDAY, MARCH 15, 1982 2217 (3) "Dangerous offender" means a state prison inmate who is imprisoned for con viction of any one or more of the following crimes as defined by the Criminal Code of Georgia: murder, voluntary manslaughter, kidnapping, armed robbery, rape, aircraft hijacking, aggravated sodomy, aggravated battery, aggravated assault, incest, child molestation, child abuse, or enticing a child for indecent purposes, or any felony pun ishable under Code Section 79A-811, relating to prohibited acts regarding marijuana and controlled substances. The term 'dangerous offender' shall also include an inmate who is incarcerated for a second or subsequent time for the commission of a crime for which the inmate could have been sentenced to life imprisonment. Section 3. The Governor, upon certification by the commissioner of the Department of Offender Rehabilitation and approval by the director of the Office of Planning and Budget that the population of the prison system of the State of Georgia has exceeded the capacity for 30 consecutive days, may, within five days of receipt of the commissioner's certification, declare a state of emergency with regard to jail and prison overcrowding. Section 4. Upon the declaration of a state of emergency with regard to the jail and prison overcrowding by the Governor, the State Board of Pardons and Paroles shall select sufficient state prison inmates to reduce the state prison population to 100 percent of its capacity and issue such selected inmates a parole, but no dangerous offender shall be eligi ble for selection by the State Board of Pardons and Paroles. The selection of state prison inmates to be released under the authority contained herein may be made without regard to limitations placed upon the service of a portion of the prison sentence provided by an Act to create the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, particularly by an Act approved March 18, 1964 (Ga. L. 1964, p. 487). Section 5. It shall be the duty of the Director of the Office of Planning and Budget to prepare an annual report on prison inmates who are paroled pursuant to this Act. Such report shall summarize each such former inmate's behavior since parole and generally eval uate the former inmate's success or lack of success in becoming a law-abiding member of society. The annual report shall be filed with the Clerk of the House and the Secretary of the Senate on or before December 31, with the first such report submitted by December 31 of the first year that prison inmates are paroled pursuant to this Act. A notice of the filing of this report shall be submitted to each member of the General Assembly when the annual report is filed with the Clerk of the House and Secretary of the Senate. Copies of this report shall be made available to members of the General Assembly upon their request. The State Board of Pardons and Paroles, the Department of Offender Rehabilita tion, and other departments and agencies of the state government shall cooperate with and assist the Director of the Office of Planning and Budget in developing the information necessary to prepare the annual reports required by this section. Part 2 Section 6. Article 3 of Title 42 of the Official Code of Georgia Annotated, relating to granting of pardons, paroles, and other relief by the State Board of Pardons and Paroles, is amended by adding at the end thereof a new Code Section 42-9-60 to read as follows: "42-9-60. (a) As used in this Code section, the term: (1) 'Capacity' shall mean the actual bed space in the prison system of the State of Georgia now or in the future, as certified by the commissioner of the Department of Offender Rehabilitation and approved by the director of the Office of Planning and Budget. (2) 'Dangerous offender' means a state prison inmate who is imprisoned for convic tion of any one or more of the following crimes as defined by the Criminal Code of Georgia: murder, voluntary manslaughter, kidnaping, armed robbery, rape, aircraft hijacking, aggravated sodomy, aggravated battery, aggravated assault, incest, child molestation, child abuse, or enticing a child for indecent purposes, or any felony pun ishable under Code Section 16-13-31, relating to prohibited acts regarding marijuana, 2218 JOURNAL OF THE HOUSE, cocaine, and illegal drugs. The term 'dangerous offender' shall also include an inmate who is incarcerated for a second or subsequent time for the commission of a crime for which the inmate could have been sentenced to life imprisonment. (3) 'Population' shall mean the actual number of inmates present in the correc tional institutions of the state prison system and shall not include state inmates assigned to county operated correctional institutions. (b) The Governor, upon certification by the commissioner of the Department of Offender Rehabilitation and approval by the director of the Office of Planning and Bud get that the population of the prison system of the State of Georgia has exceeded the capacity for 30 consecutive days, may, within five days of receipt of the commissioner's certification, declare a state of emergency with regard to jail and prison overcrowding. (c) Upon the declaration of a state of emergency with regard to the jail and prison overcrowding by the Governor, the State Board of Pardons and Paroles shall select suffi cient state prison inmates to reduce the state prison population to 100 percent of its capacity and issue such selected inmates a parole, but no dangerous offender shall be eligible for selection by the State Board of Pardons and Paroles. The selection of state prison inmates to be released under the authority contained herein may be made with out regard to limitations placed upon the service of a portion of the prison sentence pro vided by Code Section 42-9-45. (d) It shall be the duty of the director of the Office of Planning and Budget to pre pare an annual report on prison inmates who are paroled pursuant to this Code section. Such report shall summarize each such former inmate's behavior since parole and gener ally evaluate the former inmate's success or lack of success in becoming a law-abiding member of society. The annual report shall be filed with the Clerk of the House and the Secretary of the Senate on or before December 31, with the first such report submit ted by December 31 of the first year that prison inmates are paroled pursuant to this Code section. A notice of the filing of this report shall be submitted to each member of the General Assembly when the annual report is filed with the Clerk of the House and the Secretary of the Senate. Copies of this report shall be made available to mem bers of the General Assembly upon their request. The State Board of Pardons and Paroles, the Department of Offender Rehabilitation, and other departments and agencies of the state government shall cooperate with and assist the director of the Office of Planning and Budget in developing the information necessary to prepare the annual reports required by this subsection." PartS Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representatives Davis of the 124th, Ginsberg of the 122nd, and Jones of the 126th move to amend the Senate substitute to HB 1335 by adding on page 1, line 6, after the word "requirements" the words: "to prohibit pardon and parole in certain cases;"; And by adding on page 4, line 2 and on page 6, line 14 the words: "The State Board of Pardons and Paroles shall not grant a pardon to or release on parole any person who is incarcerated for a second or subsequent time for an offense which carries a maximum sentence of life imprisonment." MONDAY, MARCH 15, 1982 2219 On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Aaron N Adams.G YAdamsJ NAdams,M Y Aiken N Andenon NArgo YAuten NBalkcom YBargeron YBaugh NBeal NBeck N Benefield Benn Birdsong Bishop Y Bolster Y Branch NBray N Brooks NBuck YBurruss Y Burton YByrd YCason Y Castleberry Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Clark,L NColbert N Coleman N Collins N Colwell Y Connell N Couch Cox Y Crawford YCrosby N Culpepper Y Cummingg N Darden N Daugherty Y Davia.B Y DavisJ Y Davis.L Dean NDent NDixon YDobbs N Dover N Edwards Y EUiott N Evans Y Felton Y Fortune Foster N Fuller.C NGaler Y Ginsberg Glover Y Godbee YGreer NHam Hamilton N Manner Harris Y Harrison N Hasty Y Hawking NHays YHiU N Holmes Y Hooks NHorne Y Hutchinson Ylrvin Ylsakson N JacksonJ N Jackson,N Y Jackson,W N Jessup Y Johnson.G N Johnson,R N Jones.B Y Jones,H NKarrh YKemp N Kilgore N Lambert YLane,D YUne,R N Lawson NLee YLogan Long Lord NLowe N Lucas Y Mangum NMann Y Marcus N Martin Matthews Y McCollum McDonald N McKinney Y Miles N Milford Y Montgomery Moody Y Moore Y Mostiler YMullinax N NichoUon YNix Oliver Y Padgett YParham N Patten N Perry Y Peters Y Phillips,B Y PhUlips,L.L Y Phillips,R.T N Phillips,W.R Pilewicz Pinkston Y Rainey N Ralston Y Ramsey NRandall N Reaves Y Richardson Y Robinson YRose NRoss N Rowland N Russell On the adoption of the amendment, the ayes were 80, nays 72. The amendment was adopted. Y Savage Y Scott,A Scott,D Y Shepard NSherrod N Sizemore Smith.T Smith.V NSmyre NSnow Y Steinberg NSwann N Thomas Y Thompson Townsend Y Triplett YTuten YTwiggs Y Vandiford YVaughn N Veazey Y Waddle N Walker N Wall N Ware Watson White Y Widener Y Williams.B.J WiUiams.H N Williams.R Y Wilson NWood,J N WoodJ.T Y Workman Speaker Murphy Representative Lambert of the 112th moved that the House reconsider its action in adopting the Davis et al amendment. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G N Adams,,! Y Adams,M N Aiken Y Anderson YArgo YAuten YBalkcom Bargeron NBaugh NBeal YBeck Y Benefield Benn Birdsong N Bishop N Bolster Y Branch YBray Y Brooks YBuck YBurruss N Burton NByrd NCason Y Castleberry Chamberlin N Chambless N Chance N Cheeks Y Childers YChilds Clark.B Clark,L YColbert Y Coleman Y Collins Y Colwell N Connell Y Couch YCox N Crawford N Crosby Y Culpepper N Cummings Y Darden Y Daugherty N Davis.B N Davis.J N Davis.L Dean YDent Y Dixon NDobbs Y Dover N Edwards N Elliott Y Evans N Felton Fortune Y Foster Y Fuller.C YGaler N Ginsberg Glover NGodbee NGreer YHam Hamilton YHanner Harris N Harrison Y Hasty N Hawkins YHays YHill Y Holmes N Hooks Home N Hutchinson NIrvin NIsakson Y Jackson^ Y Jackson,N N Jackson.W Y Jessup N Johnson.G Y Johnson.R Y Jones,B N Jones,H YKarrh NKemp Y Kilgore Y Lambert NLane,D NLane,R Y Lawson YLee YLogan YLong Lord YLowe Y Lucas N Mangum YMann N Marcus Y Martin N Matthews N McCollum McDonald McKinney N Miles Y Milford N Montgomery Moody N Moore N Mostiler YMullinax Y Nicholson 2220 NNix Oliver N Padgett NParham Y Patten Y Perry N Peters N Phillip8,B N PhiUips,L.L N Phillips,R.T PhiUips,W.R Pilewicz JOURNAL OF THE HOUSE, Pinkston N Rainey N Ralston N Ramsey YRandall Y Reaves N Richardson N Robinson NRose NRoss Y Rowland Y Russell Y Savage Y Scott,A Scott,D N Shepard Y Sherrod N Sizemore N Smith.T Smith.V YSmyre YSnow N Steinberg YSwann Y Thomas N Thompson Townsend N Triplett NTuten N Twiggs N Vandiford Y Vaughn Y Veazey N Waddle Y Walker Y Wall Y Ware N Watson White N Widener N Williams,B.J Williams,H Y Williams.R N Wilson Y Wood,J Y Wood,J.T N Workman Speaker Murphy On the motion, the ayes were 79, nays 75. The motion prevailed. On the re-adoption of the Davis et al amendment, the roll call was ordered and the vote was as follows: N Aaron N Adams.G Y Adams,J N Adams.M Y Aiken N Anderson N Argo Y Auten N Balkcom N Bargeron NBaugh YBeal NBeck N Benefield Benn Birdsong Y Bishop Y Bolster Y Branch NBray N Brooks NBuck N Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks N Childers N Childs Clark,B Clark,L N Colbert N Coleman N Collins N Colwell Y Connell N Couch NCoi Y Crawford Y Crosby N Culpepper Y Cummings Y Darden Daugherty N Davis.B Y Davis,J Y Davis,L Dean NDent N Dixon Y Dobbs N Dover Y Edwards Y Elliott N Evans Y Felton Fortune N Foster N Fuller.C N Galer Y Ginsberg Glover Y Godbee NGreer NHam Hamilton N Manner Harris Y Harrison N Hasty Y Hawkins NHays YHill N Holmes Y Hooks N Home Y Hutchinson Ylrvin Y Isakson N Jackson.J N Jackson.N Y Jackson.W N Jessup Y Johnson.G N Johnson,R N Jones,B Y Jones.H NKarrh YKemp N Kilgore N Lambert Y Lane.D Y Lane,R N Lawson NLee YLogan N Long Lord NLowe N Lucas Y Mangum N Mann Y Marcus N Martin Y Matthews Y McCollum McDonald McKinney Y Miles NMilford Y Montgomery N Moody Y Moore N Mostiler N Mullinax N Nicholson YNix Oliver Y Padgett Y Parham N Patten N Perry N Peters Y Phillips,B N Phillips.LX Y Phillips,R.T N Phillips.W.R Pilewicz N Pinkston N Rainey N Ralston Y Ramsey N Randall N Reaves Y Richardson Y Robinson YRose NRoss N Rowland N Russell Y Savage N Scott.A Scott,D Y Shepard N Sherrod N Sizemore Y Smith.T Smith.V NSmyre N Snow Y Steinberg N Swann Y Thomas Y Thompson Townsend Y Triplett YTuten Y Twiggs Y Vandiford N Vaughn N Veazey Y Waddle N Walker N Wall N Ware N Watson White Y Widener Y Williams,B.J Williams.H N Williams.R Y Wilson N Wood,J N Wood,J.T Y Workman Speaker Murphy On the re-adoption of the Davis et al amendment, the ayes were 72, nays 86. The amendment was lost. The following amendment was read: Representative Chamberlin of the 73rd moves to amend the Senate substitute to HB 1335 by deleting from page 3, line 3, the following: "child abuse"; And by deleting from page 5, line 14, the following: MONDAY, MARCH 15, 1982 2221 "child abuse". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Aaron N Adams.G N Adams,J N Adams.M N Aiken N Anderson N Argo YAuten N Balkcom N Bargeron N Baugh NBeal NBeck N Benefield Benn Birdsong N Bishop N Bolster Y Branch YBray N Brooks NBuck N Burruss N Burton YByrd N Cason Castleberry Y Chamberlin Y Chambless Chance N Cheeks N Childers N Childs Clark.B Clark,L N Colbert N Coleman N Collins N Colwell N Connell N Couch NCox N Crawford N Crosby N Culpepper N Cummings N Darden Daugherty N Davis.B N Davis.J N Davis.L Dean Dent N Dixon Y Dobbs N Dover N Edwards N Elliott N Evans N Felton N Fortune N Foster N Fuller.C N Galer N Ginsberg Glover N Godbee Greer Y Ham Hamilton N Hanner Harris N Harrison N Hasty N Hawkins NHays N Hill N Holmes N Hooks N Home N Hutchinson NIrvin N Isakson N Jackson,J N Jackson.N N Jackson.W N Jessup Y Johnson.G N Johnson,R Y Jones.B N Jones.H Y Karrh N Kemp N Kilgore N Lambert N Lane.D N Lane.R N Lawson NLee N Logan NLong Lord NLowe N Lucas N Mangum N Mann N Marcus N Martin Matthews Y McCollum McDonald N McKinney N Miles N Milford N Montgomery Y Moody N Moore N Mostiler N Mullinax N Nicholson NNix Oliver N Padgett N Parham N Patten N Perry N Peters N Phillips.B Phillips,L.L N Phillips.R.T N Phillips,W.R N Pilewicz N Pinkston N Rainey N Ralston N Ramsey N Randall N Reaves N Richardson N Robinson NRose NRoss N Rowland Russell N Savage N Scott,A Scott,D N Shepard N Sherrod N Sizemore Y Smith.T Smith.V N Smyre NSnow N Steinberg N Swann Y Thomas Y Thompson N Townsend Y Triplett N Tuten N Twiggs N Vandiford N Vaughn N Veazey Y Waddle N Walker N Wall Ware N Watson White N Widener N Williams.BJ Williams.H N Williams.R N Wilson N Wood,J N Wood,J.T N Workman Speaker Murphy On the adoption of the amendment, the ayes were 19, nays 136. The amendment was lost. Due to mechanical malfunction, the vote of Representative Thompson of the 19th was recorded as "aye" on the preceding roll call. He wished to vote "nay" thereon. Representative Lambert of the 112th moved that the House agree to the Senate sub stitute to HB 1335. On the motion, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G N Adams,J Y Adams,M N Aiken Y Anderson Y Argo YAuten Y Balkcom Bargeron N Baugh YBeal YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bolster N Branch Bray Y Brooks YBuck N Burruss N Burton NByrd N Cason Castleberry N Chamberlin Y Chambless Chance N Cheeks N Childers Y Childs Clark.B Clark.L Y Colbert Y Coleman Y Collins Y Colwell N Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper N Cummings Y Darden Y Daugherty N Davis.B N Davis.J N Davis.L Dean YDent Y Dixon Y Dobbs N Dover N Edwards N Elliott N Evans N Felton N Fortune N Foster Y Fuller.C Y Galer N Ginsberg Glover N Godbee Y Greer YHam Hamilton Y Hanner Y Harris N Harrison Y Hasty N Hawkins YHays YHill Y Holmes Y Hooks Y Home 2222 JOURNAL OF THE HOUSE, Y Hutchinson Ylrvin NIsakson Y JacksonJ Y Jackson.N N Jckn,W YJessup Y Johnon,G Y Johnson.R Y Jones,B N Jones,H NKarrh NKemp Y Kilgore Y Lambert YLane.D NLane,R YLawson YLee NLogan YLong Lord YLowe Y Lucas N Mangum YMann Y Marcus Y Martin N Matthews Y McCollum Y McDonald N McKinney N Miles Y Milford N Montgomery Moody N Moore Y Mostiler Y Mullinax Y Nicholson NNix Oliver N Padgett NParham Y Patten Y Perry Y Peters N PhiUips,B Y Phillips.L.L N Phillips,R.T N Phillips,W.R Y Pilewicz Y Pinkston YRainey N Ralston N Ramsey YRandall Y Reaves N Richardson N Robinson NRose Ross Y Rowland N Russell Y Savage Y Scott,A Scott.D N Shepard Y Sherrod Y Sizemore N Smith.T Smith,V YSmyre YSnow N Steinberg Y Swann Y Thomas N Thompson Y Townsend Y Triplet! NTuten YTwiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker N Wall Y Ware Y Watson White N Widener N Williams.B.J Williams,H N Williams.R N Wilson Y Wood,J Y WcxxUT Y Workman Speaker Murphy On the motion, the ayes were 98, nays 63. The motion prevailed. The Speaker announced the House in recess until 1:30 o'clock, this afternoon. MONDAY, MARCH 15, 1982 2223 AFTERNOON SESSION The Speaker called the House to order. The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto: HB 1337. By: Representatives Lambert of the 112th and Argo of the 63rd: A BILL to amend Chapter 42-5 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to provide that persons convicted of crimes whose confinement shall be served in institutions under the control of the Department of Offender Rehabilitation shall not remain in confinement in local prison facilities while their conviction is on appeal; to change the provi sions relative to the delivery of custody of inmates to the Department of Offender Rehabilitation; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 42-5 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to provide that persons convicted of crimes whose confinement shall be served in institutions under the control of the Department of Offender Rehabilitation shall not remain in confinement in local prison facilities while their conviction is on appeal; to change the provisions relative to the delivery of custody of inmates to the Department of Offender Rehabilitation; to change certain of the time limitations relative to the payment of counties for the reimbursement of costs of retaining custody of inmates awaiting assumption of their custody by the Department of Offender Rehabilitation; to provide the necessary procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 42-5 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, is amended by striking in its entirety Code Section 42-5-50, relating to the transmission of information on convicted persons to the commis sioner of the Department of Offender Rehabilitation and to the assignment and transpor tation of inmates to the place of detention, and substituting in lieu thereof a new Code Section 42-5-50 to read as follows: "42-5-50. (a) Immediately upon the imposition of a sentence as provided in subsection \o) ot t_/ou6 occiion 4*~o~oAj &Rti ftitcr ttti ftppcsis r otncr 11101101)9 UBVC DCCH 013posed ef so that the conviction has become finely the clerk of the court shall notify the commissioner of the sentence and shall forthwith dispatch, along with such notice, by mail, a complete history of the 'convicted person, upon forms provided by the commis sioner. The history shall include a certified copy of the indictment, accusation, or both, a certified copy of the sentence, and such other information as the commissioner may require. Except where the clerk is on a salary, the clerk shall receive from funds of the county the fee prescribed in Code Section 15-6-77 for such service. (b) Within a reasonable time 15 days after the receipt of the information provided for in subsection (a) of this Code section, the commissioner shall assign the convicted person to a correctional institution designated by him in accordance with subsection (b) of Code Section 42-5-51. It shall be the financial responsibility of the correctional insti tution to provide for the picking up and transportation, under guard, of the inmate to his assigned place of detention. If the inmate is assigned to a county correctional institu tion or other county facility, the county shall assume such duty and responsibility. 2224 JOURNAL OF THE HOUSE, (c) The department shall not be required to assume the custody of those inmates who have~T)een convicted and sentenced prior to January 1^ 1983, and because their con viction is under appeal have not been transferred to the custody of the department, until July lj 1983. The state shall pay for each such inmate not transferred to the cus tody of the department the per diem rate specified by subsection (c) of Code Section 42-5-51 for each day the inmate remains in the custody of the county after the depart ment receives the notice provided by subsection (a) on or after January 1^ 1983. (d) In the event that the convicted person is free on bond pending the appeal of his conviction, the notice provided for in subsection (a) shall not be transmitted to the com missioner until all appeals of such conviction have been disposed of or until the bond shall be revoked." Section 2. Said chapter is further amended by striking from subsection (c) of Code Section 42-5-51, relating to the reimbursement of the county for incarceration of inmates awaiting transfer to the Department of Offender Rehabilitation, wherever it shall appear, the figure "30" and substituting in lieu thereof the figure "15," by deleting therefrom the phrase ", unless the sentence is under appeal,", and by striking therefrom "$5.00" and substituting in lieu thereof "$7.50", so that when so amended said subsection (c) of Code Section 42-5-51 shall read as follows: "(c) After proper documentation is received from the clerk of the court, the depart ment shall have 30 15 days to transfer an inmate under sentence^ unless the sentence is tmdcr appeal, to the place of confinement. If the inmate is not transferred within the 30 15 days, the department will reimburse the county, in a sum not less than $6.00 $7.50 per day per inmate and in such an amount as may be appropriated for this purpose by the General Assembly, for the cost of the incarceration, commencing 36 15 days after proper documentation is received by the department from the clerk of the court. The reimbursement provisions of this Code section shall only apply to payment for the incar ceration of felony inmates available for transfer to the department, except inmates under death sentence awaiting transfer after their initial trial, and shall not apply to inmates who were incarcerated under the custody of the commissioner at the time they were returned to the county jail for trial on additional charges or returned to the county jail for any other purposes, including for the purpose of a new trial." Section 3. Said chapter is further amended by deleting in their entirety Code Sec tions 42-5-54 through 42-5-56, which Code sections read as follows: "42-5-54. Authority is granted to city and county jail officials, sentencing judges, the department, and the wardens and superintendents of all county and state correctional institutions to arrange for the temporary transfer to state or county correctional institu tions of persons who have been convicted of crimes but who will likely be involved in lengthy or long-term appeals and thus forced to spend considerable time in jails or lock-. ups which are not equipped to handle long-term inmates. 42-5-55. (a) Except in the circumstances described in subsections (b) and (c) of this Code section, the authority contained in Code Section 42-5-54 shall not be exercised as to any particular convicted person until and unless the person or his attorney or both have requested of the trial judge the desired transfer to a state or county correctional institution pending outcome of the appeal. (b) The authority contained in Code Section 42-5-54 may be exercised when the trial judge certifies in writing to the commissioner that the continued custody in the local jail or lockup of a person who has been convicted of the offense of murder, rape, kidnap ping, or armed robbery constitutes a dangerous condition which the local jail or lockup is not equipped to meet or control. (c) The authority contained in Code Section 42-5-54 may be exercised when the trial judge certifies in writing to the commissioner that the continued custody in the local jail or lockup of a person whose testimony or actions contributed to the conviction of another person held in the same local jail or lockup presents a dangerous situation which the local jail or lockup is not equipped to meet or control. (d) The commissioner may decline to accept any convicted person committed and transferred to his custody under the authority granted in this Code section if there is not adequate space in a state or county correctional institution to maintain the person. MONDAY, MARCH 15, 1982 2225 42-5-56. The board is authorized to create and promulgate, in writing, reasonable rules and regulations which shall provide the methods and procedures for carrying out the authorization contained in Code Sections 42-5-54 and 42-5-55. The regulations may also provide for procedures and regulations governing the handling of the convicted per sons, including requiring such work as may lawfully be permissible. No transfers under Code Sections 42-5-54 and 42-5-55 of persons convicted of crimes will be permitted until the board has adopted such rules and regulations." Section 4. This Act shall become effective on January 1, 1983. Section 5. All laws and parts of laws in conflict with this Act are repealed. Representative Lee of the 72nd moved that the House disagree to the Senate substi tute to HB 1337. Representative Lambert of the 112th moved that the House agree to the Senate sub stitute to HB 1337. On the motion to agree, the roll call was ordered and the vote was as follows: N Aaron N Adams.G V AdamsJ V Adams.M Aiken N Anderson Argo Auten N Balkcom Bargeron N Baugh Beal Beck N Benefield Benn Y Birdsong Bishop Y Bolster N Branch NBray Brooks YBuck N Burruss Burton YByrd Y Cason Castleberry Chamberlin Y Chambless N Chance Y Cheeks N Childers Childs Clark,B Clark.L Colbert Y Coleman N Collins Y Colwell Y Connell Y Couch Cox Y Crawford Crosby Y Culpepper Y Cummings N Darden N Daugherty Y Davis.B N Davis,J Davis.L Dean YDent Dixon Y Dobbs Dover Edwards Elliott Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer N Ginsberg Glover Y Godbee Greer NHam Hamilton Y Hanner Harris Y Harrison N Hasty N Hawkins YHays Hill Holmes Y Hooks Home Y Hutchinson Irvin Y Isakson Y Jackson,J Y Jackson.N Y Jackson,W Jessup N Johnson.G N Johnson.R N Jones.B Jones.H N Karrh YKemp N Kilgore Y Lambert Lane.D Y Lane.R Y Lawson NLee N Logan Long Lord Lowe N Lucas N Mangum Mann N Marcus N Martin N Matthews N McCollum Y McDonald McKinney N Miles N Milford Montgomery N Moody N Moore Y Mostiler Mullinax Y Nicholson Nix Oliver Y Padgett N Parham Patten Perry Y Peters Phillips.B N Phillips.L.L Phillips.R.T Phillips.W.R Y Pilewicz Pinks ton Rainey Y Ralston Y Ramsey Randall Y Reaves N Richardson N Robinson Rose NRoss N Rowland Russell Savage N Scott,A Scott.D Shepard Y Sherrod Y Sizemore Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann N Thomas N Thompson Townsend N Triplett Y Tuten Y Twiggs Vandiford Vaughn Y Veazey Waddle N Walker Y Wall N Ware Watson White Widener N Williams.B.J Williams.H Y Williams.R N Wilson N Wood,J N Wood,J.T Y Workman Speaker Murphy On the motion to agree, the ayes were 58, nays 52. The motion was lost and the House disagreed to the Senate substitute to HB 1337. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 592. By: Senators Fincher of the 52nd and Greene of the 26th: A BILL to amend Code Section 84-602, recreating the State Board of Podiatry Examiners, so as to con tinue the board and the laws relating thereto but to provide for the later termi nation of the board and those laws; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. 2226 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adaros,M Aiken Y Anderson Argo Auten Y Balkcom Y Bargeron YBaugh Beal YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruss Burton YByrd YCason Castleberry Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Clark,L Colbert Y Coleman Collins Y Colwell Y Connell Y Couch Cox Crawford Y Crosby Y Culpepper Y Cummings Darden Y Daugherty Y Davis.B Y Davis,J Y Davis,L Dean YDent Y Dixon YDobbs Y Dover Y Edwards Elliott Y Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Godbee YGreer YHam Hamilton Y Manner Harris Y Harrison Y Hasty Y Hawkins NHays Hill Holmes Y Hooks Home Y Hutchinson Ylrvin YIsakson Y JacksonJ Y Jackson.N Y Jackson.W Y Jessup Y Johnson.G Y Johnson.R Jones.B Y Jones.H Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee YLogan Long Lord Lowe Y Lucas Y Mangum Mann Y Marcus Martin Matthews Y McCollum McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Y Phillips.L.L Phillips.R.T Y Phillips.W.R Y Pilewicz Pinkston Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson Rose YRoss Y Rowland Y Russell Y Savage Y Scott,A Scott.D Y Shepard Y Sherrod Y Sizemore Smith.T Smith.V YSmyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplet! YTuten N Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker Y Wall Y Ware Watson White Y Widener Y Williams,B.J Williams.H Y Williams.R Y Wilson YWoodJ Y WoodJ.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 123, nays 2. The Bill, having received the requisite constitutional majority, was passed. Representative Burruss of the 21st assumed the Chair. SB 464. By: Senators Turner of the 8th and Wessels of the 2nd: A BILL to amend Code Title 56, known as the Georgia Insurance Code, so as to amend the standard valuation and nonforfeiture laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams,J Adams.M Aiken Y Anderson Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Branch YBray Y Brooks YBuck Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Clark.L Y Colbert Y Coleman Y Collins Y Colwell Connell Y Couch YCox Y Crawford N Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Davis,B Y Davis,J Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Edwards Y Elliott Y Evans Felton MONDAY, MARCH 15, 1982 2227 Y Fortune Y Foster Y Fuller.C YGaler Ginsberg Glover YGodbee YGreer YHam Y Hamilton Y Banner Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Ylrvin Y Isakson Y JacksonJ Y Jackson.N Y Jackson.W Y Jessup Y Johnson.G Y Johnson,R Jones,B Y Jones.H YKarrh YKemp Y Kilgore Y Lambert YLaraO) Y Lane.R YLawson YLee YLogan Lorf YLowe Y Lucas Y Mangum Mann Y Marcus Y Martin Matthews Y McColhim Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson YNtt Oliver Y Padgett YParham Y Patten Y Perry Y Peters Phillips,B Y Phillips.L.L Y PhiIlips,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Y Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett YTuten YTwiggs Y Vandiford Vaughn YVeazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams,B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 135, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Ginsberg of the 122nd stated that he had been called from the floor of the House during the preceding roll call and requested that he be recorded as voting "aye" thereon. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1223. By: Representatives Miles of the 107th, Cheeks of the 89th, Colbert of the 23rd, and Sherrod of the 143rd: A BILL to amend Code Chapter 84-5, relating to the practice and licensure of chiropractors, so as to continue the Board of Chiro practic Examiners and the laws relating thereto but to provide for the later ter mination of the board and such laws; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following report of the Committee of Conference was read: CONFERENCE COMMITTEE REPORT ON HB 1223 The Conference Committee on HB 1223 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1223 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Richard L. Greene Senator, 26th District /s/Honorable Culver Kidd Senator, 25th District /s/Honorable Lee Robinson Senator, 27th District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable John Miles Representative, 107th District /s/Honorable John L. Mostiler Representative, 71st District /s/Honorable Emory E. Bargeron Representative, 83rd District 2228 JOURNAL OF THE HOUSE, A BILL To amend Code Chapter 84-5, relating to the practice and licensure of chiropractors, as amended, so as to continue the Board of Chiropractic Examiners and the laws relating thereto but to provide for the later termination of the board and such laws; to provide that general college training requirements shall not apply to certain persons; to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to the licensure and practice of chiropractors, so as to change the meeting times of the Board of Chiroprac tic Examiners; to provide for the display of licenses; to continue the Board of Chiropractic Examiners and the laws relating thereto but to provide for the later termination of the board and such laws; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Parti Section 1. Code Chapter 84-5, relating to the practice and licensure of chiropractors, as amended, is amended by adding immediately following Code Section 84-504 a new Code Section 84-504.1 to read as follows: "84-504.1. Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Board of Chiropractic Examiners and the laws relating thereto are hereby continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board." Section 2. Said Code chapter is further amended by striking the third unnumbered paragraph of Code Section 84-507 and inserting in its place a new third unnumbered para graph to read as follows: "Provided, however, that the general college training requirement set out hereinabove shall not be applicable to applicants who were students in an approved chiropractic col lege prior to January 1, 1964r; or to persons who have been in active practice for at least ten consecutive years prior to applying for licensure in Georgia. In the latter case, the applicant may, at the discretion of the board, be given an examination as provided in Code Section 84-508 or he may be considered for reciprocity in accordance with the pro visions of Code Section 84-510." Part 2 Section 3. Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to the licensure and practice of chiropractors, is amended by striking Code Section 43-9-4 and inserting in its place a new Code Section 43-9-4 to read as follows: "43-9-4. The board shall meet the first weeks ef April ad October ef each year at such times as the board determines necessary for the performance of its duties. The board shall adopt a seal, which shall be affixed to all licenses issued and shall from time to time adopt such rules and regulations as it deems proper and necessary for the per formance of its duties. The board shall elect annually a president and a vice president. Immediately before entering upon the duties of office, the members of the board shall take the constitutional oath of office and shall file the same in the office of the Gover nor, who, upon receiving the oath of office, shall issue a certificate of appointment to each member." MONDAY, MARCH 15, 1982 2229 Section 4. Said chapter is further amended by adding immediately following Code Section 43-9-10 a new Code Section 43-9-10.1 to read as follows: "43-9-10.1. Every person licensed under this chapter shall display such license in a conspicuous place in such person's principal place of business." Section 5. Said chapter is further amended by striking Code Section 43-9-20 and inserting in its place a new Code Section 43-9-20 to read as follows: "43-9-20. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Chiropractic Examiners shall be terminated on July 1, 1082 1988, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8." Parts Section 6. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 7. All laws and parts of laws in conflict with this Act are repealed. Representative Miles of the 107th moved that the House adopt the report of the Com mittee of Conference on HB 1223. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Adams,M Y Aiken Y Andereon Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beat YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Branch YBray Brooks Buck Burruss Y Burton YByrd Y Cason Y Castleberry Chain berlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Clark.L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Cul pepper Y Cummings Y Darden Y Daugherty Davis.B Y Davis,J Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Edwards Y Elliott Y Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Godbee Y Greer YHam Y Hamilton Y Manner Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Ylrvin Y Isakson Y Jackson,J Y Jackson.N Jackson.W Jessup Y Johnson,G Y Johnson,R Jones,B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan Long Lord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin On the motion, the ayes were 133, nays 0. The motion prevailed. Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson YNix Oliver Padgett Y Parham Y Patten Y Perry Y Peters Phillips ,B Y Phillips.L.L Y Phillips.R.T Y Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Y Scott,A Y Scott.D Y Shepard Y Sherrod Y Sizemore Smith.T Smith.V Smyre Y Snow Y Steinberg Y Swann Thomas Y Thompson Townsend Y Triplet! YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Walker YWall Y Ware Y Watson White Y Widener Y Williams.BJ Williams.H Y Williams.R Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy 2230 JOURNAL OF THE HOUSE, The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto: HB 1252. By: Representative Watson of the 114th: A BILL to amend Code Chapter 5A-25, relating to state license requirements and regulations for manufacture, distribu tion, and package sales business; to amend the Official Code of Georgia Anno tated accordingly; and for other purposes. The following substitute was read: A BILL To amend Code Title 5A, relating to alcoholic beverages, so as to provide that license hearings conducted by the commissioner are exempt from the requirements of the "Geor gia Administrative Procedure Act"; to change certain population brackets and census refer ences; to require a separate retail license for each place of business; to provide for an existing license to apply to a new location in certain circumstances where a retail licensee moves his package sales business; to amend an Act known as the "Georgia Administrative Procedure Act," approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, so as to exempt certain proceedings of the commissioner from coverage under the Act; to amend an Act entitled "An Act to amend the Code of Georgia of 1933, as amended, so as to cod ify, revise, clarify, classify, consolidate, modernize, and supersede exhaustively and com pletely certain laws relating to the regulation and taxation of alcoholic beverages; to create Code Title 5A of the Code of Georgia of 1933, as amended; to provide a short title; to define certain terms; to provide for continuation of certain forms and filings; to provide that the Act shall not affect or abate certain actions, rights, proceedings, and violations; to provide for administration of the provisions of the title by the State Revenue Commis sioner; to provide for rules and regulations; to specify powers of the State Revenue Com missioner; to specify certain prohibitions; to declare certain privileges; to specify certain requirements; to provide for access to certain records; to provide for penalties and interest; to specify certain law enforcement duties; to provide for seizure and disposition of contra band; to provide for a tax on distilled spirits; to regulate package sales; to provide license and excise taxes; to regulate sales by the drink; to provide excise and license taxes; to tax and regulate sales and consumption of beer and wine; to authorize certain local option alcoholic beverage control; to provide for sales and regulation of alcoholic beverages in pri vate clubs; to specify certain crimes; to amend an Act known as 'The Georgia Administra tive Procedure Act,' approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), so as to provide that the regulation of liquor and alcoholic beverages is within the scope of the Act; to pro vide for other matters relative to the foregoing; to provide that certain laws are not repealed; to repeal certain specific laws; to repeal conflicting laws; and for other pur poses.", approved April, 8, 1980 (Ga. L. 1980, p. 1573), so as to repeal a section of said Act relating to the applicability of the "Georgia Administrative Procedure Act" to the reg ulation of alcoholic beverages; to amend the Official Code of Georgia Annotated accord ingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Title 5A, relating to alcoholic beverages, is amended by striking par agraph (2) of subsection (a) of Code Section 5A-303 in its entirety and inserting in lieu thereof a new paragraph (2) of subsection (a) of said Code section to read as follows: "(2) Before any denial, suspension, or cancellation of a license granted pursuant to this title, the applicant or licensee shall be afforded a hearing in the manner; and sub ject to the conditions; and procedures fer hearings i contested eases by the 'Georgia Administrative Act,' as the Act may new or in the future be amended established by this chapter and the commissioner." MONDAY, MARCH 15, 1982 2231 Section 2. Said Title is further amended by adding between Code Sections 5A-2502 and 5A-2503 a new Code section, to be designated Code Section 5A-2502.1, to read as fol lows: "5A-2502.1. Retail licenses, (a) A separate retail license shall be required for each place of business. (b) In cases where a retail licensee is moving his package sales business to a different location, he shall be authorized to make application to have the license for the location previously occupied apply to the new location. Anything contained in Code Section 5A-2502 to the contrary notwithstanding, if the retail licensee complies with all other requirements of law, the commissioner shall authorize the existing license to apply to the new location." Section 2A. Said Title is further amended by striking subsection (g) of Code Section 5A-507 in its entirety and substituting in lieu thereof a new subsection (g) to read as fol lows: "(g) In each county having a population of not less than 160,000 153,000 or more than 165,000, according to the census, in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises: (1) At any time from 11:55 P.M. on Saturdays and the two hours immediately fol lowing such time. (2) In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. For the purposes of this paragraph, 'eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines for consumption on the premises and which derives at least 50 per cent of its total annual gross food and beverage sales from the sale of prepared meals or food." Section 3. An Act known as the "Georgia Administrative Procedure Act," approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, is amended by striking subsection (a) of Section 2 of said Act in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) 'Agency' means each State board, bureau, commission, department, activity or officer authorized by law expressly to make rules and regulations or to determine con tested cases except the General Assembly, the judiciary, the Governor, the Board of Par dons and Paroles, the State Board of Probation, the Board of Bar Examiners, the Board of Offender Rehabilitation and its penal institutions, the State Board of Workers' Com pensation, all Public Authorities, the State Personnel Board (Merit System), the State Supervisor of Purchases (Purchasing Department), the regulation of lkter and alcoholic beverages the Department of Revenue when conducting hearings on the denial, suspen sion, or cancellation of licenses relating to alcoholic beverages, or any school, college, hospital or other such educational, eleemosynary or charitable institution, or any agency when its action is concerned with the military or naval affairs of this State." Section 3A. Said Title is further amended by striking paragraph (1) of subsection (a) of Code Section 5A-6503 in its entirety and substituting in lieu thereof a new para graph (1) to read as follows: "(1) 'Coliseum authority' means any public coliseum authority created by law in any county having a population of not less than 446$00 153,000 and not more than 165,000, according to the census." Section 4. An Act entitled "An Act to amend the Code of Georgia of 1933, as amended, so as to codify, revise, clarify, classify, consolidate, modernize, and supersede exhaustively and completely certain laws relating to the regulation and taxation of alco holic beverages; to create Code Title 5A of the Code of Georgia of 1933, as amended; to provide a short title; to define certain terms; to provide for continuation of certain forms 2232 JOURNAL OF THE HOUSE, and filings; to provide that the Act shall not affect or abate certain actions, rights, pro ceedings, and violations; to provide for administration of the provisions of the title by the State Revenue Commissioner; to provide for rules and regulations; to specify powers of the State Revenue Commissioner; to specify certain prohibitions; to declare certain privileges; to specify certain requirements; to provide for access to certain records; to provide for pen alties and interest; to specify certain law enforcement duties; to provide for seizure and disposition of contraband; to provide for a tax on distilled spirits; to regulate package sales; to provide license and excise taxes; to regulate sales by the drink; to provide excise and license taxes; to tax and regulate sales and consumption of beer and wine; to authorize certain local option alcoholic beverage control; to provide for sales and regulation of alco holic beverages in private clubs; to specify certain crimes; to amend an Act known as 'The Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), so as to provide that the regulation of liquor and alcoholic beverages is within the scope of the Act; to provide for other matters relative to the foregoing; to provide that certain laws are not repealed; to repeal certain specific laws; to repeal conflicting laws; and for other purposes.", approved April 8, 1980 (Ga. L. 1980, p. 1573), is amended by repealing in its entirety Section 2 of said Act which reads as follows: "Section 2. 'Administrative Procedure Act' amended. An Act known as 'The Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), is hereby amended by striking from subsection (a) of Section 2 thereof the following: 'the regulation of liquor and alcoholic beverages,', so that when so amended subsection (a) of Section 2 shall read as follows: '(a) "Agency" means each State board, bureau, commission, department, activity or officer authorized by law expressly to make rules and regulations or to determine con tested cases except the General Assembly, the judiciary, the Governor, the Board of Pardons and Paroles, the State Board of Probation, the Board of Bar Examiners, the Board of Corrections and its penal institutions, the State Board of Workers' Compen sation, all Public Authorities, the State Personnel Board (Merit System), the State Supervisor of Purchases (Purchasing Department), or any school, college, hospital or other such education, eleemosynary or charitable institution, or any agency when its action is concerned with the military or naval affairs of this State.'" Part 2 Section 5. Code Section 3-2-3 of the Official Code of Georgia Annotated, relating to the powers of the commissioner to regulate alcoholic beverages, is amended by striking paragraph (1) of said Code section in its entirety and inserting in lieu thereof a new para graph (1) to read as follows: ->\ "(1) Deny, suspend, or cancel any license required under this title if: (A) The license application is not filed in good faith or is filed by some person as a subterfuge for any other person; (B) Any applicant for a license or any licensee under this title willfully fails to comply with any provisions of this title or with rules and regulations adopted by the commissioner; or (C) Any person to whom a license has been issued is no longer engaged in the dealing of alcoholic beverages or no longer qualifies as a licensee under this title. Before any denial, suspension, or cancellation of a license granted pursuant to this title, the applicant or licensee shall be afforded a hearing in the manner, and subject to the conditions; and procedures provided for hearings in contested eases by Chapter 13 ef- Title 69; the 'Georgia Administrative Procedure Act.' established by this chapter and the commissioner. The commissioner shall notify an applicant or licensee in writing of the denial, suspension, or cancellation by registered or certified mail to the last known address of the applicant or licensee appearing in the commissioner's files or by personal service upon the applicant or licensee by an authorized agent of the commissioner. Upon cancellation of a license for cause under this paragraph, there shall be no renewal or MONDAY, MARCH 15, 1982 2233 reissuance of the canceled license for a period of two years from the date of cancella tion;". Section 5A. Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, is amended by striking subsection (f) of said Code section in its entirety and substituting in lieu thereof a new subsection (f) to read as follows: "(f) In each county having a population of not less than 160,000 153,000 nor more than 165,000 according to the United States decennial census of 1970 1980 or any future such census in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alco holic beverages for consumption on the premises: (1) At any time from 11:55 P.M. on Saturdays and the two hours immediately fol lowing such time; and (2) In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays from 12:30 P.M. until 12:00 Midnight. As used in this paragraph, the term 'eating establishment' means an estab lishment which is licensed to sell distilled spirits, malt beverages, or wines for con sumption on the premises and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food." Section 6. Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to distilled spirits, is amended by adding between Code Sections 3-4-21 and 3-4-22 a new Code section, to be designated Code Section 3-4-21.1, to read as follows: "3-4-21.1. (a) A separate retail license shall be required for each place of business, (b) In cases where a retail licensee is moving his package sales business to a different location, he shall be authorized to make application to have the license for the location previously occupied apply to the new location. Anything contained in Code Section 3-4-21 to the contrary notwithstanding, if the retail licensee complies with all other requirements of law, the commissioner shall authorize the existing license to apply to the new location." Section 6A. Code Section 3-8-3 of the Official Code of Georgia Annotated, relating to the sale of malt beverages at coliseums, is amended by striking paragraph (1) of subsec tion (a) of said Code section in its entirety and substituting in lieu thereof a new para graph (1) to read as follows: "(1) 'Coliseum authority' means any public coliseum authority created by law in any county having a population of not less than 146,000 153,000 nor more than 165,000 according to the United States decennial census of 1970 1980 or any future such census." Section 7. Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions for state administration and enforcement, is amended by striking paragraph (1) of said Code section in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine con tested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Offender Rehabilita tion and its penal institutions; the State Board of Workers' Compensation; all public authorities; the State Personnel Board (Merit System); the Department of Administra tive Services or commissioner of administrative services; the regulation ef liquor and alcoholic beverages, the Department of Revenue when conducting hearings on the denial, suspension, or cancellation of licenses relating to alcoholic beverages; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state." 2234 JOURNAL OF THE HOUSE, PartS Section 8. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 9. All laws and parts of laws in conflict with this Act are repealed. Representative Watson of the 114th moved that the House disagree to the Senate sub stitute to HB 1252. The motion prevailed. The Speaker assumed the Chair. HB 1259. By: Representative Adams of the 36th: A BILL to amend an Act known as the "Georgia Residential Finance Authority Act," so as to change the maximum amount of bonds and notes which the authority may have outstanding at any one time; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate substitute was read: A BILL To amend an Act known as the "Georgia Residential Finance Authority Act," approved March 26, 1974 (Ga. L. 1974, p. 975), as amended, so as to remove the require ment that notes issued by the authority must be secured by a capital reserve fund; to pro vide that notes issued by the authority may be limited as well as general obligations of the authority; to change the composition of the authority; to enlarge the investment options of the authority; to clarify the uses of income earned on authorized investments of the authority; to change the maximum amount of bonds and notes which the authority may have outstanding at any one time; to change the commingling restrictions on the funds of the authority; to change the cross-liability restrictions on the funds of the author ity; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act known as the "Georgia Residential Finance Authority Act," approved March 26, 1974 (Ga. L. 1974, p. 975), as amended, is amended by striking in their entirety paragraphs (b) and (1) of Section 3 and inserting in lieu thereof new para graphs (b) and (1) in the proper alphabetical sequence to read as follows: "(b) 'Bonds' shall mean the bonds issued by the Authority, and such bonds shall be general obligations of the Authority. Wherever the words 'bond' or 'bonds' appear in sections 9; 11^ 12 and 13 of this Act, they shall be deemed to include the words 'note' or 'notes' as defined in subsection (1) of this section. (1) 'Notes' shall mean the notes issued by the Authority, and such notes shall may be limited or general obligations of the Authority." Section 2. Said Act is further amended by striking in its entirety subsection (a) of Section 5 and inserting in lieu thereof a new subsection (a) to read as follows: MONDAY, MARCH 15, 1982 2235 "(a) The Authority shall be composed of nine members as follows: (1) the Governor, or in the event he is unable to attend a meeting, the Director of the Office of Planning and Budget; (2) the Director of the Financing and Investment Division of the Georgia State Financing and Investment Commission; (3) the Commissioner of the State Department of Community Affairs; and i\*At\/ tiitjirr onrf fu~u\ruer\r* ifif find {6)--five (4) six public members. No two public members shall be residents of the same congressional district. At least two of the public members appointed by the Governor shall reside outside of the Stan dard Metropolitan Statistical Areas of the State and at least one such public member shall reside within one of the Standard Metropolitan Statistical Areas of the State. One of the public members shall be an active family farmer. Public members shall serve for four-year terms, except as otherwise provided by law. Such public members shall con tinue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of a public member by death, resignation or otherwise, the Gov ernor shall appoint a successor to serve for the balance of the unexpired term. The pub lic members of the Georgia Residential Finance Authority shall be subject to the code of ethics covering members of boards, commissions and Authorities heretofore adopted (Ga. L. 1976, p. 344) and shall be subject to removal for violation thereof in the same manner (Ga. L. 1976, p. 344). Any vacancy created by any such removal for cause shall be filled by the Governor. The Authority shall elect a Chairman who shall be chief exec utive officer of the Authority, and a Secretary. The members of the Authority may appoint an Executive Director, who shall be a person experienced in mortgage lending, home building or real estate development. The Executive Director shall become an ex officio nonvoting member of the Authority. The members shall employ such technical and other personnel as may be necessary to the performance of the powers and duties of the Authority. A majority of members then in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the Author ity. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. Except for the issuance of debt, the Authority may delegate to one or more of its members, the Executive Director, agent or agents, or employees such power and duties as it may deem proper. The public mem bers of the Authority shall be compensated in the amount of $44 per day, plus actual expenses incurred, for each day's service spent in the performance of the duties of the Authority; provided, however, such compensation shall be limited to 30 days during any one fiscal year, unless one of the public members is elected Chairman, in which event such compensation shall be limited to 100 days during any one fiscal year. The perma nent members shall be reimbursed for actual expenses incurred in the performance of their duties under this Act." Section 3. Said Act is further amended by striking in its entirety paragraph (14) of subsection (a) of Section 6 and inserting in lieu thereof a new paragraph (14) to read as follows: "(14) subject to any agreement with bondholders, to invest monies of the Authority not required for immediate use to carry out the purposes of this Chapter, including the proceeds from the sale of any bonds and any monies held in reserve funds, in obligations which shall be limited to the following: (A) bonds or other obligations of the State, or bonds or other obligations the prin cipal and interest of which are guaranteed by the State; (B) bonds or other obligations of the United States or of subsidiary corporations of the United States Government fully guaranteed by such government; (C) obligations of agencies of the United States Government issued by the Federal Land Bank, the Federal Home Loan Bank, Federal Intermediate Credit Bank, and Bank for Cooperatives; (D) bonds or other obligations issued by any public housing agency or municipality in the United States, which such bonds or obligations are fully secured as to the pay ment of both principal and interest by a pledge of annual contributions under an 2236 JOURNAL OF THE HOUSE, annual contributions contract or contracts with the United States Government, or project notes issued by any public housing agency, urban renewal agency or municipal ity in the United States and fully secured as to payment of both principal and interest by a requisition, loan or payment agreement with the United States Government; and (E) certificates of deposit of national or State banks located within the State which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation and certificates of deposit of federal savings and loan associations and State building and loan associations located within the State which have deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation (including the certificates of deposit of any bank, savings and loan association or building and loan association acting as depository, custodian or trustee for any such bond proceeds); provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Fed eral Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corpo ration or the Georgia Deposit Insurance Corporation, if any, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or State bank located within the State of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: direct and general obligations of the State, or of any county or municipality in the State, obliga tions of the United States or subsidiary corporations included in subparagraph (B) above, obligations of the agencies of the United States Government included in subparagraph (C) above, or bonds, obligations or project notes of public housing agencies, urban renewal agencies or municipalities included in subparagraph (D) above. Income earned on any sucri investments snail we retained oy trie Autnonty and used to pur~ cnasc and retire any deut, &f any oonds ot o uligations issued Dy ine /vuinoriiy and may be used te pay operating expenses of the Authority.; and (F) interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least fifty million dollars ($50,000,000) or with any government bond dealer reporting to, trading with and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least fifty million dollars ($50,000,000) or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956; pro vided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement or other similar banking arrangement shall permit the monies so placed to be available for use at the time provided with respect to the investment or reinvestment of such monies; and provided further that all monies in each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement or other similar banking arrangement shall be continuously and fully secured by obligations described in subparagraphs (A), (B), (C) or (D) of this paragraph, equal at all times to the amount of the interestbearing time deposits, repurchase agreement, reverse repurchase agreement, rate guar antee agreement or other similar banking arrangement;". Section 4. Said Act is further amended by adding between paragraphs (14) and (15) of subsection (a) of Section 6 a new paragraph, to be designated paragraph (14A), to read as follows: "(14A) to use income earned on any investment authorized in paragraph (14) of sub section (a) of Section 6 above for such corporate purposes of the Authority as the Authority in its discretion shall determine and provide;". Section 5. Said Act is further amended by striking in its entirety paragraph (3) of subsection (a) of Section 9 and inserting in lieu thereof a new paragraph (3) to read as follows: "(3) The authority shall not have outstanding at any one time bonds and notes for its multi-family residential housing program in an aggregate principal amount exceeding MONDAY, MARCH 15, 1982 2237 $50 million $150 million, excluding bonds and notes issued to refund outstanding bonds and notes." Section 6. Said Act is further amended by striking in their entirety paragraphs (5) and (6) of subsection (a) of Section 9 and inserting in lieu thereof new paragraphs (5) and (6) to read as follows: "(5) On or after May 1, 1981, the Authority shall at no time commingle combine fundSj revenues or proceeds derived from the issue issuance of bonds and notes used in its to fund the single-family residential housing program with either the funds derived frem the issue ef bends and notes used in its or the multi-family residential housing program or its with the funds, revenues or proceeds derived from the issuance of bonds or notes used to fund the family farm program.y ner shall the funds derived from the 199U6 0f DOHQ9 fund notes used m its inui11iftmiiy residentifti nousin^ pro^rtun oc~ comTM' mingled with the funds derived from the issue of the bonds and notes used in its family faim program. (6) On or after May 1, 1981, the fundSj revenues or proceeds derived from the issue issuance of bonds and notes used in its to fund the single-family residential housing proTtm sn&ii not i& 11QDie ior fluy deficit, dei&ult, of fftiiure of eitnei* tne or tiie multifamily residential housing program er the family farm program, ner shall the funds derived frem the issue ef bends and notes used in the multi-family residential housing program shall not be liable for any deficit, default, or failure of either the single-family residential housing program or the family farm program, nor shall the fundSj revenues or proceeds derived from the issue issuance of bonds and notes used in to fund the fam ily farm program be liable for any deficit, default, or failure of either the single-family residential housing program or the multi-family residential housing program programs." Part 2 Section 7. Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, known as the "Georgia Residential Finance Authority Act," is amended by striking in their entirety paragraphs (3) and (13) of Code Section 8-3-172 and inserting in lieu thereof in the proper numerical sequence new paragraphs (3) and (13) to read as follows: "(3) 'Bonds' means the bonds issued by the authority. Such bonds shall be general obligations of the authority. Wherever the word 'bond' or 'bonds' appears in Code Sec tions 8-3-180, 8-3-183, and 8-3-4847 it shall be deemed to include the word 'note' or 'notes' as defined in paragraph (13) of this Code section. (13) 'Notes' means the notes issued by the authority. Such notes shall may be limited or general obligations of the authority." Section 8. Said article is further amended by striking in its entirety subsection (a) of Code Section 8-3-174 and inserting in lieu thereof a new subsection (a) to read as fol lows: "(a) The authority shall be composed of nine members, as follows: (1) The Governor, or in the event he is unable to attend a meeting, the director of the Office of Planning and Budget; (2) The director of the Financing and Investment Division of the Georgia State Financing and Investment Commission; (3) The commissioner of community affairs; and \47--i ne QIrector of tnc oo-operative extension bcrvicc of tnc umversity of \jcor- gia; and {&)--Five (4) Six public members to be appointed by the Governor." Section 9. Said article is further amended by striking in its entirety subsection (b) of Code Section 8-3-174 and inserting in lieu thereof a new subsection (b) to read as fol lows: "(b) No more than two public members shall be residents of the same congressional district. At least two of the public members shall reside outside of the standard metro politan statistical areas of the state, and at least one public member shall reside within 2238 JOURNAL OF THE HOUSE, one of the standard metropolitan statistical areas of the state. One of the public mem bers shall be an active family farmer. Public members shall serve four-year terms, except as otherwise provided by law. Public members shall continue in office until their succes sors have been appointed and have qualified. In the event of a vacancy in the office of a public member by death, resignation, or otherwise, the Governor shall appoint a suc cessor to serve for the balance of the unexpired term. The public members shall be sub ject to the code of ethics covering members of boards, commissions, and authorities as contained in Code Sections 45-10-3 through 45-10-5 and shall be subject to removal for violation of that code of ethics as provided in those Code sections. Any vacancy created by any such removal for cause shall be filled by the Governor." Section 10. Said article is further amended by striking in its entirety paragraph (14) of subsection (a) of Code Section 8-3-176 and inserting in lieu thereof a new paragraph (14) to read as follows: "(14) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this article, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obliga tions which shall be limited to the following: (A) Bonds or other obligations of the state, or bonds or other obligations the prin cipal and interest of which are guaranteed by the state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, Federal Intermediate Credit Bank, and Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or municipal ity in the United States, which bonds or obligations are fully secured as to the pay ment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or munici pality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States govern ment; and (E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation, and certificates of deposit of federal savings and loan associations and state building and loan associations located within the state which have deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as deposi tory, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corpora tion or the Georgia Deposit Insurance Corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securi ties in an aggregate principal amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph;; and to pUFchflsc &ftu retire sny dewt of 6tny bonus of oDlis*tofts issued oy tnc and may be sed te pay operating expenses ef the authority; MONDAY, MARCH 15, 1982 2239 (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recognized as a pri mary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment .or reinvest ment of such moneys; and provided, further, that all moneys in each such interestbearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall be continuously and fully secured by obligations described in subparagraphs (A), (B), (C), or (D) of this paragraph, equal at all times to the amount of the interest-bearing time deposits, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement;". Section 11. Said article is further amended by striking in its entirety paragraph (26) of subsection (a) of Code Section 8-3-176 and inserting in lieu thereof new paragraphs (26) and (27) to read as follows: "(26) To do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this article?; (27) To use income earned on any investment authorized in paragraph (14) of this subsection for such corporate purposes of the authority as the authority in its discretion shall determine and provide." Section 12. Said article is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 8-3-180 and inserting in lieu thereof a new paragraph (3) to read as follows: "(3) The authority shall not have outstanding at any one time bonds and notes for its multi-family residential housing program in an aggregate principal amount exceeding $60 million $150 million, excluding bonds and notes issued to refund outstanding bonds and notes." Section 13. Said article is further amended by striking in their entirety paragraphs (5) and (6) of subsection (a) of Code Section 8-3-180 and inserting in lieu thereof new par agraphs (5) and (6) to read as follows: "(5) On or after May 1, 1981, the authority shall at no time commingle combine funds, revenues, or proceeds derived from the issae issuance of bonds and notes used its to fund the single-family residential housing program with either the funds derived frem the issae ef bends and notes used in its or the multi-family residential housing program er its with the funds, revenues, or proceeds derived from the issuance of bonds or notes used to fund the family farm program^ ner shall the funds derived frem the issue of ooflus flnd notes used ttt its rnuiti^iflmily residefiti&i housing ppo^fflm & mingled witft *ne iufids derived IPOIW tne issue of oonds ftfld notes used tft its fatm program. (6) On or after May 1, 1981, the funds, revenues, or proceeds derived from the issue issuance of bonds and notes used its to fund the single-family residential housing pro- family residential housing program er the family fefm program, er shati the funds derived iroHi tne issue OT Donds uid notes used wt tiie muiu'i&ixiiiy residential nousmg program shall not be liable for any deficit, default, or failure of cither the single-family residential housing program er the family farm program; nor shall the funds, revenues, or proceeds derived from the issue issuance of bonds and notes used in to fund the fam ily farm program be liable for any deficit, default, or failure of either the single-family residential housing program or the multi-family residential housing program programs." 2240 JOURNAL OF THE HOUSE, Part3 Section 14. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 15. All laws and parts of laws in conflict with this Act are repealed. Representative Adams of the 36th moved that the House agree to the Senate substi tute to HB 1259. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y AdamsJ Y Adams.M Y Aiken Y Anderaon Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield YBenn Birdsong Y Bishop Bolster Y Branch YBray Y Brooks Buck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Clark,L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch YCoi Y Crawford Y Crosby Y Culpepper Y Cummings Darden Daugherty Davis.B Y Davis,J Y Davis.L Dean YDent Y Dixon YDobbs Y Dover Y Edwards Y EUiott Y Evans Felton Y Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover Godbee YGreer YHam Y Hamilton Banner Harris Harrison Y Hasty Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin Isakson Y Jackson,J Y Jackson.N Y Jackson.W Y Johnson.G Y Johnson.R Y Jones.B Y Jones.H YKarrh YKemp Y Kilgore Y Lambert YLane,D YLane,R Y Lawson YLee YLogan Long Lord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin On the motion, the ayes were 138, nays 0. The motion prevailed. Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson YNut Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Phillips,L.L Phillips,R.T Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Y Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Y Savage Y Scott.A Y Scott.D Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker YWall Ware Y Watson White Y Widener Williams.B.J Y Williams.H Y Williams.R Wilson YWood,J Y Wood,J.T Y Workman Speaker Murphy HB 1541. By: Representatives Baugh of the 108th and Parham of the 109th: A BILL to amend Code Section 38-41B, relating to confidential communications, so as to authorize physicians to release certain patient information to the Department of Human Resources and its divisions, agents, and successors under certain con ditions and to provide immunity from liability therefor; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate amendment was read: Amend HB 1541 by striking from line 2 of page 4 the following: "and social welfare programs", MONDAY, MARCH 15, 1982 2241 and inserting in its place the following: "programs pursuant to Code Section 31-12-2". Representative Baugh of the 108th moved that the House agree to the Senate amend ment to HB 1541. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y AdamsJ Y Adams.M Y Aiken Y Andereon Argo Auten Y Balkcom Y Bargeron Y Baugh Bal YBeck Y Benefield Bern Y Birdsong Y Bishop Bolster Y Branch YBray Y Brooks YBuck Burruss Burton YByrd YCason Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Clark.L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch Cox Y Crawford YCrosby Y Culpepper Y Cummings Y Darden Y Daugherty Y Davis,B Y Davis.J Y Davis,L Dean Dent Y DiioB YDobbs Y Dover Y Edwards Y Elliott Y Evans Felton Fortune Y Foster Fuller.C YGaler Y Ginsberg Glover Y Godbee Greer YHam Y Hamilton Hanner Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Ylrvin Ylsakson Y JacksonJ Y Jackson.N Jackson.W YJessup Y Johnson.G Y Johnson.R Y Jones.B Y Jones.H Karrh YKemp Kilgore Y Lambert YLane,D YLane,R YLawson YLee YLogan Long Lord YLowe Y Lucas Y Mangum Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinai Y Nicholson YN Oliver Y Padgett YParham Y Patten Y Perry Y Peters Y Phillips,B Phillips.L.L Phillips,R.T Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Y Savage Y Scott,A Y Scott,p Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith,V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplett Tuten YTwiggs Y Vandtferd Y Vaughn YVeazey Y Waddle Y Walker Y Wall YWare Y Watson White Y Widener Y Williams,B.J Y Williams.H Y Williams.R Wilson YWood,J Y Wood,J.T Y Workman Speaker Murphy On the motion, the ayes were 135, nays 0. The motion prevailed. HB 1167. By: Representatives Darden of the 19th and Snow of the 1st: A BILL to amend Code Section 27-2503, relating to presentence hearings in felony cases, so as to provide for mistrials in the sentencing phase of death penalty cases; to provide for all related matters; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 27-2503, relating to presentence hearings in felony cases, so as to provide for mistrials in the sentencing phase of death penalty cases; to provide for all related matters; to amend the Official Code of Georgia Annotated accordingly; to pro vide effective dates; to repeal conflicting laws; and for other purposes. 2242 JOURNAL OF THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Parti Section 1. Code Section 27-2503, relating to presentence hearings in felony cases, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows: "(b) In all cases in which the death penalty may be imposed and which are tried by a jury, upon a return of a verdict of guilty by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. Such hearing shall be conducted in the same manner as presentence hearings conducted before the judge as provided in subsection (a) of this Section. Upon the conclusion of the evidence and arguments, the judge shall give the jury appropriate instructions, and the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in Code section 27-2534.1, exist and whether to recommend mercy for the defendant. Upon the findings of the jury, the judge shall fix a sentence within the limits prescribed by law. If the jury is unable to reach a unanimous verdict and if at least ten members of the jury voted in favor of recommending the death penalty, the judge may declare a mistrial as to the sentencing procedures and order a new trial as to the sentencing procedures. There shall be only one such new trial as to the sentencing procedures and, if the jury in the second such sentencing trial is unable to reach a unanimous verdict or if the requisite minimum of ten jurors has not voted for the death penalty so as to authorize a second sentencing trial, then the judge shall impose sentence as otherwise provided by law. The declaration of a mistrial as to the sentencing procedures shall in no way affect the adjudication of guilt." Part 2 Section 2. Code Section 17-10-2, relating to presentence hearings in felony cases, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows: "(c) In all cases tried by a jury in which the death penalty may be imposed, upon a return of a verdict of 'guilty' by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. The hearing shall be conducted in the same man ner as presentence hearings conducted before the judge as provided for in subsection (a) of this Code section. Upon the conclusion of the evidence and arguments; the judge shall give the jury appropriate instructions, and the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in Code Section 17-10-30, exist and whether to recommend mercy for the defendant. Upon the findings of the jury, the judge shall fix a sentence within the limits prescribed by law. If the jury is unable to reach a unanimous verdict and if at least ten members of the jury voted in favor of rec ommending the death penalty, the judge may declare a mistrial as to the sentencing pro cedures and order a new trial as to the sentencing procedures. There shall be only one such new trial as to the sentencing procedures and, if the jury in the second such sen tencing trial is unable to reach a unanimous verdict or if the requisite minimum of ten jurors has not voted for the death penalty so as to authorize a second sentencing trial, then the judge shall impose sentence as otherwise provided by law. The declaration ojf a mistrial as to the sentencing procedures shall in no way affect the adjudication of guilt." Part3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. MONDAY, MARCH 15, 1982 2243 Representative Darden of the 19th moved that the House agree to the Senate substi tute to HB 1167. On the motion, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G Y AdamsJ Y Adams.M YAiken Y Anderson YArgo Y Auten N Balkcom Y Bargeron YBaugh NBeal YBeck Y Benefield YBenn NBirdsong N Bishop N Bolster Y Branch YBray N Brooln Buck YBurruM Y Burton YByrd Y.Caaon Caitleberry Chamberlin Y Chambless Y Chance Y Cheeks Y Childera N Childs Clark.B Clark.L YColbert Y Coteman Collins Y Colwell N Connell N Couch YCox N Crawford Y Crosby Y Culpepper Y Cummings Y Darden N Daugherty Y Davis.B Y Davis,J N Davis.L NDean YDent Y Dixon YDobbs Y Dover N Edwards Y EUiott Y Evans Felton Y Fortune Y Foster NFuller.C YGaler N Ginsberg N Glover Godbee NGreer NHam N Hamilton Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays N Hill N Holmes Y Hooks YHome Y Hutchinson Ylrvin Ylsakson Y JacksonJ Y Jackson.N Y Jackson,W Jessup Y Johnson.G N Johnson.R Y Jones,B Y Jones.H YKarrh YKemp Y Kilgore N Lambert YLane.D YLane.R YLawson YLee YLogan Long Lord NLowe Y Lucas Y Mangum YMann N Marcus Y Martin Y Matthews Y McCollum Y McDonald N McKinney Y Miles N Milford N Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett YParham Y Patten Y Perry N Peters N Phillips.B Phillips,L.L Y Phillips,R.T N PhiUips,W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston YRamsey Y Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage NScott,A NScott,D YShepard YSherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow N Steinberg NSwann Y Thomas Y Thompson Townsend Y Triplett YTuten YTwiggs Y Vandiford Y Vaughn YVeazey Y Waddle Y Walker YWall N Ware Watson White Y Widener Y Williams,B.J N Williams.H Y Williams.R Y Wilson N WoodJ Y Wood,J.T N Workman Speaker Murphy On the motion, the ayes were 119, nays 41. The motion prevailed. HB 1218. By: Representatives McDonald of the 12th, Watson of the 114th, Kilgore of the 65th, Workman of the 56th, Tuten of the 153rd, and others: A BILL to amend Code Chapter 84-3, relating to architects, so as to change the time of the termi nation of the State Board for Examination, Qualification, and Registration of Architects and the repeal of the laws relating thereto; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate amendment was read: Amend HB 1218 by adding in the title on line 5 of page 1, immediately preceding the words "to amend", the following: "to change the provisions relating to enforcement by officials responsible for enforcing building construction codes;". By adding in the title at the end of line 10 of page 1, immediately following the word "to", the following: "change the provisions relating to enforcement by officials responsible for enforcing building construction codes; to". 2244 JOURNAL OF THE HOUSE, By adding at the end of Part 1 between lines 17 and 18 on page 2 a new section to read as follows: "Section 1A. Said chapter is further amended by striking Code Section 84-321.1 in its entirety and inserting in lieu thereof a new Code Section 84-321.1 to read as follows: '84-321.1. Enforcement of chapter, ft Except as provided in Section 9 of an Act cre ating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. L.. 1949, g. 1057), as amended, particularly by an Act approved April 17, 1981 (Ga. L. 1981, g. 1779), it shall be the duty of all public officials charged with the responsi bility of enforcing codes related to construction of buildings to require compliance with Code Section 84-321 before architectural plans, drawings, and specifications are approved for construction. No Except as provided in Section 9 of an Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. L. 1949, g. 1057), as amended, particularly by an Act approved April 17, 1981 (Ga. L. 1981, g. 1779), no building subject to the provisions of Code Section 84-321 and requiring tthioen.s'"ervices of an architect shall be built without such approval prior to construc By adding in Part 2 at the bottom of page 3, immediately below line 32, a new section to read as follows: "Section 4A. Said chapter is further amended by striking Code Section 43-4-15 in its entirety and inserting in lieu thereof a new Code Section 43-4-15 to read as follows: '43-4-15. ft Except as provided in Code Section 25-2-14. it shall be the duty of all public officials charged with the responsibility of enforcing codes related to the con struction of buildings to require compliance with Code Section 43-4-14 before architec tural plans, drawings, and specifications are approved for construction. Ne Except as provided in Code Section 25-2-14, no building subject to Code Section 43-4-14 and requiring the services of an architect shall be built without such approval prior to con struction.'" Representative McDonald of the 12th moved that the House agree to the Senate amendment to HB 1218. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Y Adanw.J Y Adams,M Y Aiken Anderson YArgo Auten Y Balkcom Y Bargeron YBaugh Beal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Bumus Y Burton YByrd YCason Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Clark.L Y Colbert Coleman Collins Y Colwell Y Connell Y Couch YCoi Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Y Davis,B Y Davis,J Davis.L Dean YDent Y Diion Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Felton Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover Y Godbee Y Greer YHam Y Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill Y Holmes Y Hooks YHome Y Hutchinson Ylrvin Y Isakson Y Jackon,J Y Jackson.N Y Jackson, W Jessup Y Johnson.G Y Johnson.R Y Jones,B Y Jones,H YKarrh Kemp Kilgore Lambert Y Lane.D YLane.R Y Lawson YLee YLogan Long Lord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McColIum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNht Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Phillips,L.L Y Phillips,R.T Y Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson MONDAY, MARCH 15, 1982 2245 YRose ROM Y Rowland Y Russell Y Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V YSmyre YSnow Y Steinberg Swann Thomas Y Thompson Townsend Y Triplet* YTuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Watson White Y Widener Y Williams,B.J Y Williams.H Williams.R Y Wilson YWood,J Y Wood,J.T Y Workman Speaker Murphy On the motion, the ayes were 145, nays 0. The motion prevailed. The following Resolution of the House was read and adopted: HR 831. By: Representative Marcus of the 26th: A RESOLUTION commending the Georgia Nurses Association and the Georgia Nurses Foundation; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 582. By: Senator Howard of the 42nd: A BILL to amend Code Section 24-1804, relating to duties of the clerk or judge of the probate court acting as such, so as to pro vide for the combining of certain records of the probate court; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adama.J Y Adams.M Y Aiken Anderson YArgo Y Auten Y Balkcom Y Bargeron Y Baugh Beal Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd YCason Castleberry Y Chamberlin Chambless Y Chance Y Cheeks Y Childers Y Childs 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 Darden Y Daugherty Y Davis.B Y DavisJ Y Davis,L Dean YDent Dixon Y Dobbs Y Dover Y Edwards Y Elliott Evans Felton Y Fortune Y Foster Fuller.C YGater Y Ginsberg Glover Y Godbee YGreer YHam Y Hamilton Y Manner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks Home Y Hutchinson Ylrvin Y Isakson Y Jackson.J Y Jackson.N Y Jackson, W Y Jessup Johnson.G Y Johnson.R Y Jones.B Y Jones.H Y Karrh Y Kemp Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee YLogan Long Lord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNii Oliver Y Padgett YParham Y Patten Y Perry Y Peters Y Phillips,B Phillips.L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston YRamsey Y Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker YWall Y Ware Y Watson White Y Widener Y Williams,B.J Y Williams.H Williams.R Y Wilson Y Wood,J Y WoodJ.T Y Workman Speaker Murphy 2246 JOURNAL OF THE HOUSE, On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 506. By: Senator Land of the 16th: A BILL to amend Code Section 40-5-63 of the Offi cial Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to change the period of suspension in cases where a person in violation of Code Section 40-5-55 is the operator of a motor vehicle which is involved in an accident in which any person is killed; and for other purposes. The following amendments were read and adopted: The Committee on Motor Vehicles moves to amend SB 506, as follows: On page 1, line 20 - change the number "24" to the number "12". Representative Davis of the 99th moves to amend SB 506 by adding after "months" on line 20, page 1 the following: "Provided, however, the operator's license shall not be suspended for any period longer than 6 months for a violation of Code Section 40-5-55 until such time as the opera tor has plead guilty or has been convicted of driving under the influence or vehicular homicide." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Anderson YArgo Y Auten N Balkcom Y Bargeron YBaiigh YBeal Beck Y Benefleld YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Brooks YBuck YBurruss Y Burton YByrd YCason Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childen Y Childs Clark.B Clark.L Y Colbert Y Coleman Colling Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden N Daugherty Y Davis,B Y DavisJ Y Davis,L Dean YDent Y Dixon NDobbs Y Dover Y Edwards Y Klliott Evans Felton Y Fortune Y Foster N Fuller.C Y Galer N Ginsberg N Glover NGodbee Y Greer YHam Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill N Holmes Y Hooks Home Y Hutchinson Ylrvin Y Isakson Y Jackson,J Y Jackson.N Y Jackson, W 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 YLogan Long Lord YLowe Lucas Y Mangum Mann Y Marcus N Martin Matthews Y McCollum Y McDonald McKinney Y Miles Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips.B Phillips,L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage N Sott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Smith,T Smith,V YSmyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y Williams.B.J Y Williams.H Y Williams.R Y Wilson Y Wood,J Y WoodJ.T Y Workman Speaker Murphy MONDAY, MARCH 15, 1982 2247 On the passage of the Bill, as amended, the ayes were 138, nays 11. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Patten of the 149th stated that he had been called from the floor of the House during the preceding roll call and requested that he be recorded as voting "aye" thereon. The following Resolution of the House was read and referred to the Committee on Rules: HR 832. By: Representative Hill of the 127th: A RESOLUTION creating the House Cus tody of Suspended Students Study Committee; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate and Resolution of the House were taken up for consideration and read the third time: SB 503. By: Senators Stephens of the 36th, Allgood of the 22nd, Garner of the 30th and Dean of the 31st: A BILL to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for community ser vice as a condition of probation; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron YAdams.G YAdm,J Y Adams,M Y Aiken Anderaon YArgo YAuten Y Balkcom Y Bargeron YBaugh Beal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Y Brook* YBuck YBurnus Y Burton YByrd YCason Caitleberry Chain bertin Y Chambless Y Chance Y Cheeks Y Childen Y Childs Clark.B Clark,L Y Colbert Y Coleman Y Collins Y Colwell Conneli Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Garden Y Daugherty Y Davis.B Y Davi.,J Y Davis.L Dean YOent YDiion YDobos Y Dover Y Edwards Y Elliott Y Evans Felton Y Fortune Foster Y Fuller.C YGaler Y Ginsberg Y Glover Y Godbee Y Greer YHam Y Hamilton Y Manner Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson.J Y Jackson,N Y Jackson,W Jessup Y Johnson.G Y Johmon.R Y Jones,B Y Jones,H YKarrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane,R YLawson YLee YLogan Long Lord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McColJum McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinai Nicholson YN Oliver Y Padgett Y Parham Y Patten Y Perry Peters Y Phillips,B Phillips.L.L Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Rainey Y Ralston YRamsey Y Randall Y Reaves Y Richardson Y Robinson Rose YRoss Y Rowland Y Russell Y Savage Y Scott,A Y Scott.D Y Shepard YSherrod Y Sizemore Smith.T Smith,V YSmyre YSnow Y Steinberg YSwann Y Thomas Y Thompson Townsend Y Triplett YTuten YTwiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y Williams,B.J Wiiliams,H Y Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy 2248 JOURNAL OF THE HOUSE, On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 540. By: Senator Kidd of the 25th: A BILL to amend an Act known as the "Georgia State Occupational Therapy Licensing Act," so as to continue the Georgia State Board of Occupational Therapy and the laws relating thereto but to provide for the later termination of that board and those laws; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Aiken Y Anderson YArgo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childere Y Childs Clark.B Clark,L Y Colbert Coleman Collins Y Colwell Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis.B N Davis.J Y Davis,L Dean YDent Y Diion YDobbs Y Dover Y Edwards Y Elliott Evans Felton Y Fortune Foster Y Fuller.C YGaler Y Ginsberg Y Glover YGodbee Y Greer YHam Y Hamilton Manner Harris Y Harrison Y Hasty Y Hawkins YHays YHill Y Holmes Y Hooks YHorne Y Hutchinson Ylrvin 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 Y Karrh Y Kemp Y Kilgore Lambert Y Lane,D Y Lane,R Y Lawson YLee YLogan Long Lord YLowe Lucas Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullina* Y Nicholson YNi* Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y PhiHiire,B Phillips,L.L Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston YRamsey Randall Y Reaves Y Richardson Y Robinson YRose Y Ross Y Rowland Y Russell Y Savage Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Widener Y Williams.BJ Y Williams.H Y Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 147, nays 1. The Bill, having received the requisite constitutional majority, was passed. HR 736. By: Representatives Aiken and Burruss of the 21st, Thompson, Darden and Wilson of the 19th, and Isakson of the 20th: A RESOLUTION designating a certain road as the Homer Cochran Road; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, wasi agreedu two. On the adoption of the Resolution, the roll call was ordered and the vote was as fol- lows: MONDAY, MARCH 15, 1962 2249 Y Aaron Y Adams.G Y Adams.J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Balkcom Y Bargeron Baugh Seal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByid YCason Y Castleberry Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Clark,L Y Colbert Y Coleman Y Collins Y Colwell Connell Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Davis.B Y Davis,J Y Davis.L Dean YDent Y DUon YDobbs Y Dover Y Edwards Y Elliott Y Evans Feltoa Y Fortune Foster Y Fuller.C YGaler Y Ginsberg Y Glover Godbee YGreer YHam Y Hamilton Manner Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin Y Isakson Y Jacksn,J Y Jackson,N Y Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones.B Y Jones,H Y Karrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane,R Y Lawson YLee Logan Long Lord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum McDonald McKinney Y Miles Y Milibrd Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNi* Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Phillip,L.L Phillips,W.R Y PUewicz Pinkston YRainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Thompson Townsend Y Triplett Tuten YTwiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Widener Y Williams.B.J Y Williams,H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 139, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 690. By: Representatives Adams of the 36th, Bolster of the 30th, Johnson of the 66th and Argo of the 63rd: A RESOLUTION urging the Georgia Office of Energy Resources to provide expertise in assisting persons in the development of smallscale hydroelectricity; and for other purposes. HR 749. By: Representatives Childers of the 15th, Montgomery of the 16th, and Adams of the 14th: A RESOLUTION urging Congress to support efforts to have issued a stamp honoring Martha Berry in The Great American Series; and for other purposes. HR 814. By: Representatives Aaron, Mangum and Workman of the 56th, Ralston of the 7th, Phillips of the 91st and others: A RESOLUTION inviting Mr. Yul Brynner to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 833. By: Representatives Brooks of the 34th and Williams of the 54th: A RESOLU TION in memory of D. Robert Scott, Jr.,; and for other purposes. HR 834. By: Representative Jessup of the 117th: A RESOLUTION expressing regrets at the passing of Mr. J. Andrew Hill, Sr.; and for other purposes. 2250 JOURNAL OF THE HOUSE, HR 835. By: Representative Jessup of the 117th: A RESOLUTION honoring Mr. James Luther Home; and for other purposes. HR 836. By: Representatives Jones of the 126th, Hays of the 1st, and Colwell of the 4th: A RESOLUTION recognizing and commending Mr. J. O. Partain, Jr.; and for other purposes. HR 837. By: Representative Adams of the 79th: A RESOLUTION congratulating Mrs. J. G. Vining on her 100th birthday; and for other purposes. HR 838. By: Representatives Nix and Isakson of the 20th, Thompson of the 19th, and others: A RESOLUTION commending the Southern Tech Basketball Team of Cobb County; and for other purposes. HR 839. By: Representative Smith of the 152nd: A RESOLUTION recognizing and com mending Mrs. Mabel Harden Aspinwall; and for other purposes. HR 840. By: Representatives Patten of the 149th, Harris of the 8th, Ross of the 76th, and others: A RESOLUTION commending Mrs. Margaret Swindle Darsey; and for other purposes. HR 841. By: Representatives Childers of the 15th, Adams of the 14th, and Montgomery of the 16th: A RESOLUTION commending Joseph C. Gittings and proclaiming "Joseph C. Gittings Day" in Rome and Floyd County, Georgia; and for other purposes. HR 842. By: Representatives Bolster of the 30th, Marcus of the 26th, Adams of the 36th, and others: A RESOLUTION commending the City of Atlanta and officials and employees of the city; and for other purposes. HR 843. By: Representatives Aaron, Mangum and Workman of the 56th, and others: A RESOLUTION commending Mr. Yul Brynner; and for other purposes. HR 844. By: Representative Nix of the 20th: A RESOLUTION commending the Camp bell High School Boys Basketball Team; and for other purposes. HR 845. By: Representative Smith of the 152nd: A RESOLUTION urging the members of the House of Representatives and the appropriate standing committees thereof to investigate alternatives to local property tax funding for local educa tion in Georgia; and for other purposes. During the day's proceedings, the Speaker and Speaker Pro Tern alternated assuming the Chair. The following communication was received and read: Secretary of State 214 State Capitol Atlanta 30334 March 12, 1982 MONDAY, MARCH 15, 1982 2251 Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Ellard: I am transmitting to you herewith a certified list of those persons who registered in the Docket of Legislative Appearance for the 1982 Regular Session as of 3:00 P.M. this date. The list is numbered 491 through 506. Please note additions to Registration Num bers 121, 283, and 333. With warm personal regards, I am Very truly yours, /s/ David B. Poythress Secretary of State DBP/jh 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 attached list contains the names and addresses of those persons, numbered 491 through 506, who have registered in the Docket of Legislative Appearance as of March 12, 1982, 3:00 P.M., in accordance with Georgia Law 1970, pp. 695, 698, as the same appears of file and record in this office. Please note additions to Registration Numbers 121, 283, and 333. 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 12th day of March, in the year of our Lord One Thousand Nine Hundred and Eighty Two and of the Independence of the United States of America the Two Hundred and Sixth. /s/David B. Poythress Secretary of State. (SEAL) 121. Beverly Adams Stop ERA Eagle Forum 1111 Oakcliff Road Macon, Georgia 31211 283. Robert P. Constantine, Jr. Blue Cross and Blue Shield of Ga./Atlanta, Inc. Interfinancial, Inc. Ga. Chapter, Amer. Society of Landscape Architects TIAA-CREF Ticor Insurance Group 1940 Equitable Building Atlanta, Georgia 30043 333. Sims Garrett, Jr. C. W. Matthews Contracting Company Fulton Federal Savings & Loan Association Self (Banking, Insurance, Transportation, Outdoor Advertising) 476 Bouldercrest Drive, SW Marietta, Georgia 30064 491. Henry P. Zimmer United Way of Metro Atlanta 100 Edgewood Avenue Atlanta, Georgia 30371 2252 JOURNAL OF THE HOUSE, 492. Sheila Abercrombie Self 2903 Vogue Drive Douglasville, Georgia 30135 493. J. R. Smith Ga. Motor Truckers Assn. Post Office Box G Barnesville, Georgia 30204 494. Gwen B. Metzger Self 1478 Diamond Head Drive Decatur, Georgia 30033 495. Bobby L. Fuse, Jr. Self 1379 Westboro Drive, SW Atlanta, Georgia 30310 496. James M. Warren Ga. Assn. of Notaries 111 S. Monroe Street Dublin, Georgia 31021 497. Michael A. Roman, Jr. Ga. Assn. of Viet Nam Era Veterans 2235 Plaster Road Apartment 35 Atlanta, Georgia 30345 498. James M. Stewart Ga. Health Care Assn. Post Office Box 148 Pineview, Georgia 31071 499. Bobby Garmon Ga. Assn. of Educators Route 4, Box 144 Dahlonega, Georgia 30533 500. Glenda D. Foy Ga. Assn. of Educators 201 Ashby Street, N.W. Atlanta, Georgia 30314 501. Howard T. Overby Ga. Poultry Federation Post Office Box 636 Gainesville, Georgia 30503 502. H. M. "Bo" Tinsley Machinists-Local Lodge 1690 4362 Thurmond Road Forest Park, Georgia 30050 503. M. B. (Mike) Drake Machinists-Local Lodge 1690 4362 Thurmond Road Forest Park, Georgia 30050 504. Elizabeth M. Hess International Serv. Agencies 1577 Harbour Oaks Road Tucker, Georgia 30084 505. Carl Parks Allstate Allstate Plaza E5 Northbrook, Illinois 60062 506. Lillian D. H. Pettaway Ga. State Employees Assn. 2449 Sumac Drive Augusta, Georgia 30906 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. TUESDAY, MARCH 16, 1982 2253 Representative Hall, Atlanta, Georgia Tuesday, March 16, 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 Reverend Robert Claytor, Pastor, Fellowship Baptist Church, Rome, Georgia. Representative Milford of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the com mittees: HB 1969. By: Representative Colbert of the 23rd: A BILL to amend an Act consolidating, creating, revising and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said munici pal corporation, so as to remove certain property from the corporate limits of said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1970. By: Representative Padgett of the 86th: A BILL to amend an Act creating the Town of Hephzibah and for other purposes, so as to change a provision relative to the manager of financial affairs; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1971. By: Representative Lane of the 40th: A BILL to amend an Act providing for the powers and purposes of the East Point Business and Industrial Develop ment Authority, so as to clarify the procedure for appointing certain members of the authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 2254 JOURNAL OF THE HOUSE, HR 846. By: Representatives Wood, Benefield and Johnson of the 72nd, Ross of the 76th, Phillips of the 91st and others: A RESOLUTION requiring the Department of Human Resources and the Department of Education to make certain surveys and reports; and for other purposes. Referred to the Committee on Rules. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1941 HB 1942 HB 1943 HB 1944 HB 1945 HB 1946 HB 1947 HB 1948 HB 1949 HB 1950 HB 1951 HB 1952 U HD B 1109C5Od HB 1954 HB 1955 HB 1956 HB 1957 HB 1958 HB 1959 m HB !1TM961 HB 1962 IHJTB2 1laQbCdO HB 1964 HB 1965 HB 1966 HB 1967 HB 1968 HR 826 HR 828 HR 830 SB 515 SB 574 SB 714 SB 716 SB 728 oo 7,s |R ;* ^ '* | TM HTM & OtR* 7'*tn* | ;?V !J IjH OD *7co ^ ;" I TM | 5* ScB_ 776.1 SB 761 fejD n -t7\>C/->J bB 763 SB 764 SR 275 SR 331 SR 333 SR 340 Representative Mullinax of the 69th District, Chairman of the Committee on Indus trial Relations, submitted the following report: Mr. Speaker: Your Committee on Industrial Relations has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 676 Do Pass Respectfully submitted, Mullinax of the 69th Chairman Representative McDonald of the 12th District, Chairman of the Committee on Indus try, submitted the following report: TUESDAY, MARCH 16, 1982 2255 Mr. Speaker: Your Committee on Industry has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 616 Do Pass SB 617 Do Pass, by Substitute Respectfully submitted, McDonald of the 12th Chairman Representative Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 717 Do Pass SB 677 Do Pass SR 270 Do Pass SB 505 Do Pass SB 678 Do Pass, by Substitute SB 701 Do Pass SB 624 Do Pass SB 720 Do Pass Respectfully submitted, Snow of the 1st Chairman Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation: HR 778 Do Pass Respectfully submitted, Lee of the 72nd Chairman Representative Daugherty of the 33rd District, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the follow ing recommendation: SB 422 Do Pass, by Substitute Respectfully submitted, Daugherty of the 33rd Chairman 2256 JOURNAL OF THE HOUSE, Representative Bray of the 70th District, Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker: Your Committee on State of Republic has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the follow ing recommendation: SB 639 Do Pass, by Substitute Respectfully submitted, Bray of the 70th Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1537 Do Pass, by Substitute HB 1917 Do Pass, by Substitute HB 1918 Do Pass HB 1919 Do Pass HB 1920 Do Pass SHHnBB J1199S2226i nDDooPPaaaSssSss HB 1927 Do Pass HB 1928 Do Pass HB 1929 Do Pass HB 1930 Do Pass HB 1931 Do Pass HB 1937 Do Pass HB 1939 Do Pass HB 1691 Do Pass, as Amended HR 626 Do Pass, by Substitute ,,TM H,,R 8f,,,1,1_6? HR 819 HR 822 HR 823 SB 700 ,,DPo ,,PPaassss Do Pass Do Pass Do Pass Do Pass, by Substitute Respectfully submitted, Adams of the 36th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR TUESDAY, MARCH 16, 1982 Mr. Speaker and Members of the House: The Committee on Rules, in session assembled, has fixed the calendar for this day's business, March 16, 1982, as enumerated below: SB 253 Education, funds for Construction SB 312 Insurance, Contracts, Plain Language SB 470 Sentences, Life Without Parole SB 479 Trafficking in Illegal Drugs, Amend SB 499 Nursing Board of; Termination SB 502 Barbers, State Board; Termination SB 528 Sheriffs, Minimum Salaries SB 550 Housing Auth.: Purchase Mortgages: Mort. Lenders TUESDAY, MARCH 16, 1982 2257 SB 551 Sheriffs' Ret., Reinstatement SB 552 Tax Collectors, Minimum Salaries SB 560 Superior Court Clerks, Ret, Amend SB 593 Insurance: Prohibit Abrogation: Approved Policies SB 604 Board of Medical Examiners, Termination SB 623 Mot. Veh., Abandonment; Affidavits SB 632 Sheriffs/Public Officials: Deputies: Bonds SB 650 State Savings/Loans Assoc., Branch Offices SB 655 Sheriffs, Fees SB 662 Public Accountancy Board, Termination SB 669 Motor Vehicle, Certificate of Title, Records SB 709 Federal Law Enforcement Officers, Assist State Bills on this calendar may be called in any order the Speaker desires. Respectfully Submitted, /s/ Lee of the 72nd Chairman By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: HB 1537. By: Representatives Nicholson of the 88th and Padgett of the 86th: A BILL to establish the compensation of certain officials of Richmond County, Georgia; to prohibit certain practices by certain officials; and for other purposes. The following Committee substitute was read and adopted: A BILL To establish the compensation of certain officials of Richmond County, Georgia; to prohibit certain practices by certain officials; to provide an effective date; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The following officials of Richmond County, Georgia, shall receive a monthly salary, payable from the funds of Richmond County, Georgia, as follows: (1) Clerk of superior court and state court......................................................................................................$ 2,166.67 (2) Judge of the probate court ...................................................................................2,541.67 (3) Tax commissioner...................................................................................................2,362.50 (4) Judge of the state court ........................................................................................3,541.67 (5) Solicitor of the state court....................................................................................l,570.00 (6) Coroner.....................................................................................................................l,300.00 (7) Judge of the civil court..........................................................................................2,612.50 (8) Associate judge of the civil court ..................................................................................................................2,437.50 (9) Chairman of the board of commissioners.........................................................................................................783.00 (10) Member of the board of commissioners.........................................................................................................583.00 2258 JOURNAL OF THE HOUSE, (11) District attorney........................................................................................................690.00 (12) Judge of the superior court.....................................................................................935.00 (13) Sheriff......................................................................................................................2,783.33 Section 2. The judge of the state court and the associate judge of the civil court shall not engage in the private practice of law. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1691. By: Representative Adams of the 36th: A BILL to provide for the establishment of a county-wide library system in Fulton County; to provide the procedures for the transfer of certain existing library services and facilities located within unincorporated Fulton County; to provide conditions for the effectiveness of this Act and for an effective date; and for other purposes. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 1691 as follows: By inserting in line 8 on page 1 between the word and semicolon "system;" and the word "to" the following: "to require certain contractual agreements in connection therewith;". By striking the word "After" where it appears in line 24 on page 1 and inserting in lieu thereof the following: "Subject to the limitations of subsection (g) of this section, after". By adding between lines 12 and 13 on page 3 a new subsection (g) to read as follows: "(g) The transfer of library facilities to the county-wide library system as provided in this section, the authority to enter into the lease contract provided for by subsection (e) of this section, and the authority to enter into contracts provided for by subsection (f) of this section shall all be contingent upon the governing authority of each affected municipality entering into a contract with the governing authority of Fulton County whereby the governing authority of each municipality shall agree in substance to reduce the annual ad valorem tax levied by each municipality, beginning with the calendar year immediately following the calendar year during which the responsibility for providing library services was assumed by the county-wide library system, by a millage rate equal to the millage rate resulting from converting the dollar amount saved by each respective municipality from the assumption of library services by the county-wide library system to a millage rate, based on the net tax digest of each respective municipality. It is not necessary that a contract entered into pursuant to this subsection be confined to the ad valorem tax millage rate reduction formula specified above, and such contract may be TUESDAY, MARCH 16, 1982 2259 stated in such terms as may be necessary to require the increase in ad valorem taxes levied by Fulton County to fund the cost of the county-wide library system to be offset by a corresponding decrease in ad valorem taxes levied by affected municipalities. The county-wide library system shall not accept the transfer of library facilities and shall not assume responsibility for library services of any municipality failing to enter into a con tract provided for by this subsection." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1917. By: Representative Dent of the 85th: A BILL to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of, terms of, and manner of electing members of the board; and for other pur- The following Committee substitute was read and adopted: A BILL To amend an Act creating the board of commissioners of Richmond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, so as to change the composition of, terms of, and manner of electing members of the board; to provide for all related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Richmond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, is amended by striking Sec tion 1 and inserting in its place a new section to read as follows: "Section 1. Be it enacted by the General Assembly of Georgia: (a) There shall be a board of commissioners of Richmond County which shall consist of a chairman and eight other members. The chairman and two members must be resi dents of Richmond County and shall be elected by the voters of the entire county. Each of the six other members must be a resident of the district he represents and shall be elected by the voters of that district. The two members elected by the voters of the entire county shall be elected to County Post No. 1 and County Post No. 2. (b) Each district for the selection of said six members of the board shall consist of the territory contained within a Representative District for the election of a member of the House of Representatives as described in Code Section 47-101 and Code Section 28-2-1 of the Official Code of Georgia Annotated, as amended by an Act approved Sep tember 10, 1981 (Ga. L. 1981, Ex. Sess., p. 12) and by HB 1426 if HB 1426 of the 1982 General Assembly becomes law. The territory within each commissioner district shall correspond to the territory within the named representative district: Commissioner District No. 1 Representative District No. 85 Commissioner District No. 2 Representative District No. 86 Commissioner District No. 3 Representative District No. 87 2260 JOURNAL OF THE HOUSE, Commissioner District No. 4 Representative District No. 88 Commissioner District No. 5 Representative District No. 89 Commissioner District No. 6 Representative District No. 90 (c) Any part of Richmond County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (d) The two members of the board in office on the effective date of this section whose terms began January 1,1981, shall serve out the terms for which they were elected. Their successors shall be elected under this section as the members from County Post 1 and County Post 2 in 1984 and quadrennially thereafter; and the terms of all such members shall be for four years and until their successors are elected and qualified. (e) The members of the board in office on the effective date of this Act whose terms began January 1, 1979, shall cease to serve on December 31, 1982. The six members from single-member districts established by this section shall be elected in 1982 and quadrennially thereafter; and the terms of all such members shall be for four years and until their successors are elected and qualified. (f) A chairman shall be elected under this section in 1982 and shall serve for a term of two years and until his successor is elected and qualified. His successor and future successors shall be elected in 1984 and quadrennially thereafter and shall serve for terms of four years and until their successors are elected and qualified. The chairman shall vote on matters before the commission only to break a tie. Notwithstanding any other provision of this Act, no chairman shall serve more than two successive terms. (g) The chairman and all members shall be elected at the general primary and gen eral election; and their terms shall begin on the first day of January following their elec tion." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1918. By: Representatives Pinkston of the 100th, Davis of the 99th, Birdsong of the 103rd and Home of the 104th: A BILL to amend an Act establishing the board of public education and orphanage of Bibb County, so as to change the compo sition of the Education Districts from which members of the board are elected; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. TUESDAY, MARCH 16, 1982 2261 HB 1919. By: Representative McDonald of the 12th: A BILL to provide for the consolida tion and merger of the Jefferson City School District, the Commerce City School District, and the Jackson County School District into a single area school district under the control and management of an area board of education pursuant to the authority of Article VIII, Section V, Paragraph I of the Consti tution of Georgia of 1976; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1920. By: Representatives Tuten of the 153rd and Auten of the 154th: A BILL to amend an Act creating the State Court of Glynn County, so as to change the compensation of certain officers and personnel of the court; and for other pur poses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1921. By: Representative Reaves of the 147th: A BILL to amend Code Title 91A, relating to revenue and taxation, so as to change certain provisions relative to population; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1922. By: Representatives Childers of the 15th, Montgomery of the 16th and Adams of the 14th: A BILL to amend an Act creating a new charter for the City of Rome, so as to change and extend the corporate limits of said city; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1926. By: Representatives Wilson of the 19th, Isakson, Nix and Harrison of the 20th, and Burruss and Aiken of the 21st: A BILL to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide that in all counties having a population of not less than 250,000 nor more than 400,000 according to the United States decennial census of 1980 or any future such census the taxes shall become due and pay able on August 15 in each year and shall become delinquent if not paid by October 15 of each year; and for other purposes. 2262 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1927. By: Representative Jessup of the 117th: A BILL to provide for the appointment of the school superintendent of the Pulaski County School District; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1928. By: Representative Edwards of the 110th: A BILL to amend an Act creating a Board of Commissioners for the County of Marion, so as to change the compen sation of the chairman and the other members of the board; and for other pur poses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1929. By: Representatives Moody and Byrd of the 138th: A BILL to amend an Act creating the board of commissioners of Appling County, so as to provide two different plans for changing the composition and manner of selection of mem bers of the board; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1930. By: Representative Long of the 142nd: A BILL to amend an Act incorporating the City of Cairo, in the County of Grady, and the granting of a charter to that municipality under said corporate name and style, so as to abolish the Mayor's Court of the City of Cairo; to create and establish in lieu thereof a Recorder's Court for said city; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1931. By: Representative Coleman of the 118th: A BILL to provide for the compensa tion of certain county officers and officials of Dodge County; to provide for cer tain expense allowances; to provide for annual cost-of-living increases in salary; to provide for personnel in certain county offices; and for other purposes. TUESDAY, MARCH 16, 1982 2263 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1937. By: Representatives Moore and Smith of the 152nd, and Moody and Byrd of the 138th: A BILL to provide for a referendum election in Pierce County at which the voters of the Pierce County School District shall be given several choices relating to the composition and selection of the board of education and relating to the appointment or election of the county school superintendent; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1939. By: Representatives Tuten of the 153rd and Auten of the 154th: A BILL to amend an Act creating the Brunswick Port Authority, so as to authorize the Authority to borrow money from any source, public or private, for any of its corporate purposes and make contracts and execute instruments in connection therewith; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 700. By: Senator Bowen of the 13th: A BILL to amend an Act creating a Small Claims Court in Dooly County, so as to change the jurisdiction of said court; to provide for a fee to the small claims court bailiffs for the execution of fi. fas.; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act creating a Small Claims Court in Dooly County, approved March 21, 1968 (Ga. L. 1968, p. 2429), as amended by an Act approved March 23, 1977 (Ga. L. 1977, p. 3655), so as to change the jurisdiction of said court; to provide for a fee to the small claims court bailiffs for the execution of fi. fas.; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a Small Claims Court in Dooly County, approved March 21, 1968 (Ga. L. 1968, p. 2429), as amended by an Act approved March 23, 1977 (Ga. L. 1977, p. 3655), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: "Section 1. There is created the Small Claims Court of Dooly County. Said court shall have civil jurisdiction in cases at law in which the demand or value of the property 2264 JOURNAL OF THE HOUSE, involved does not exceed $2,000.00, said jurisdiction to be concurrent with the jurisdic tion of any other court or courts now or hereafter established in said county. Said juris diction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, shall include powers granted to jus tices of the peace by the laws of the State of Georgia." Section 2. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: "Section 7. The plaintiff, when he files his claim, shall deposit with the Court, the sum of Twenty-two and 50/100 ($22.50) Dollars, which shall cover all costs of the pro ceedings. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion." Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The BiH, having received the requisite constitutional majority, was passed, by substi tute. HR 626. By: Representatives Foster and Williams of the 6th and Ramsey of the 3rd: A RESOLUTION Proposing an amendment to the Constitution so as to limit increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county govern ment to 5 percent over the revenues produced for the immediately preceding calendar year with the base year for such purpose being established as calendar year 1981; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section V, Paragraph II of the Constitution is amended by adding at the end thereof a new paragraph to read as follows: "For the purposes of this paragraph 'ad valorem taxes' means ad valorem taxes levied by Whitfield County for all purposes except ad valorem taxes levied for the Whitfield County school district and ad valorem taxes levied for bonded indebtedness. Ad valorem taxes levied by Whitfield County for any calendar year shall be limited to a tax millage rate which will produce an amount of revenue equal to the amount of revenue produced by the ad valorem tax millage rate levied by Whitfield County for calendar year 1981, plus an increase in such amount not exceeding 5 percent for any single calendar year with such maximum increase computed on the basis of the revenue produced during the immediately preceding calendar year. In the event the revenue produced by ad valorem taxes levied by Whitfield County for calendar year 1982 exceeded the limitation pro vided for above if this paragraph had been in effect for calendar year 1982, then ad valo rem taxes levied by Whitfield County for calendar year 1983 shall be further limited so that the total revenue produced by ad valorem taxes levied by Whitfield County in cal endar year 1982 and calendar year 1983 shall not exceed the amount of revenue which would have been allowed to be produced had this paragraph been in effect for calendar year 1982. The limitation on ad valorem taxes levied by Whitfield County provided for by this paragraph may be modified by local Act of the General Assembly, but no such local Act may become effective unless it is approved by a majority of the qualified elec tors of Whitfield County voting on the question of such modification." TUESDAY, MARCH 16, 1982 2265 Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to limit increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues produced for the immediately preceding calendar year with the base year for such purpose being established as calendar year 1981?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The following Committee substitute was read and adopted: A RESOLUTION Proposing an amendment to the Constitution so as to limit, with certain exceptions, increases in ad valorem taxes levied by Whitfield County for the maintenance and opera tion of the county government to 5 percent over the revenues produced for the immedi ately preceding calendar year with the base year for such purpose being established as calendar year 1981; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section V, Paragraph II of the Constitution is amended by adding at the end thereof a new paragraph to read as follows: "For the purposes of this paragraph 'ad valorem taxes' means ad valorem taxes levied by Whitfield County for all purposes except ad valorem taxes levied for the Whitfield County school district and ad valorem taxes levied for bonded indebtedness. Except as hereinafter provided, ad valorem taxes levied by Whitfield County for any calendar year shall be limited to a tax millage rate which will produce an amount of revenue equal to the amount of revenue produced by the ad valorem tax millage rate levied by Whit field County for calendar year 1981, plus an increase in such amount not exceeding 5 percent for any single calendar year with such maximum increase computed on the basis of the revenue produced during the immediately preceding calendar year. In the event the revenue produced by ad valorem taxes levied by Whitfield County for calendar year 1982 exceeded the limitation provided for above if this paragraph had been in effect for calendar year 1982, then ad valorem taxes levied by Whitfield County for calendar year 1983 shall be further limited so that the total revenue produced by ad valorem taxes levied by Whitfield County in calendar year 1982 and calendar year 1983 shall not exceed the amount of revenue which would have been allowed to be produced had this paragraph been in effect for calendar year 1982. The limitation on ad valorem taxes pro vided for above may be modified by growth in the net tax digest of Whitfield County but only in the manner hereinafter provided. For any calendar year, the governing authority of Whitfield County may set the ad valorem tax millage rate within the limita tion provided for above based on the assumption that the net tax digest for the current year is the same dollar amount as the net tax digest for the immediately preceding year. The revenues produced by the application of such millage rate to actual growth in the net tax digest in the current year over the immediately preceding year may be added to the 5 percent limitation provided for above. For the purposes of the foregoing sen tences, 'growth in the net tax digest' means increases in the digest resulting only from the addition during a calendar year of property to the digest because of new construc tion, renovations, or other improvements to property, and the term specifically excludes 2266 JOURNAL OF THE HOUSE, growth in the net tax digest resulting from the reevaluation of property. The limitation on ad valorem taxes levied by Whitfield County provided for by this paragraph may be modified by local Act of the General Assembly, but no such local Act may become effec tive unless it is approved by a majority of the qualified electors of Whitfield County vot ing on the question of such modification." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to limit, with certain exceptions, increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the rev enues produced for the immediately preceding calendar year with the base year for such purpose being established as calendar year 1981?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Aaron Y Adams,G Y Adams.J Y Adams,M Y Aiken Y Anderson YArgo Y Auten Balkcom Y Bargeron YBaugh Beal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Chambless Y Chance Cheeks Y Childers Y Childs Y Clark.B Clark.L Y Colbert Coleman Y Collins Y Colwell Y Connell Y Couch Cox Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Davis.B Davis,J Y Davis.L Dean YDent Y Diion Dobbs Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Ginsberg Glover Y Godbee Y Greer YHam Hamilton Y Manner Harris Y Harrison Y Hasty Y Hawkins YHays YHill 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 Y Karrh Kemp Y Kilgore Lambert Y Lane.D Lane,R Y Lawson YLee Y Logan YLong YLord Lowe Y Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Phillips,L.L Y Phillips.R.T Y Phillips,W.R Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Rowland Y Russell Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Sizemore Y Smith.T Smith,V Smyre YSnow Y Steinberg Y Swann Y Thomas Thompson Townaend Triplet! Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Walker Y Wall Y Ware Y Watson White Widener Y Williams.B.J Williams,H Williams.R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy On the adoption of the Resolution, by substitute, the ayes were 129, nays 0. TUESDAY, MARCH 16, 1982 2267 The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute. HR 816. By: Representative Jessup of the 117th: A RESOLUTION Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Pulaski County from education districts and to pro vide for other matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Paragraph II of Section V of Article VIII of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows: "Pulaski County Board of Education. (1) The Board of Education of Pulaski County shall be composed of seven members who shall be elected as provided in this paragraph. (2) For the purpose of electing the members of said board of education, Pulaski County shall be divided into seven education districts as follows: District No. 1 Pulaski County Tract 9901 Blocks 101 through 104, 109, 117, 118, 161, 162, 201 through 233, 235, 237, and 408 District No. 2 Pulaski County Tract 9901 Blocks 304, 305, 308, 403 through 407, 409 through 417, 419 through 429, and 431 District No. 3 Pulaski County Tract 9901 Blocks 301 through 303, 306, 307, 309 through 334, 337 through 339, 341 through 343, 346, 347, 401, 402, 418, 430, 432, 433, 526, 527, and 530 through 533 District No. 4 Pulaski County Tract 9901 Blocks 236, 238 through 243, 245 through 251, 257, 503 through 507, 509 through 519, and 539 through 552 District No. 5 Pulaski County Tract 9901 Block Groups 6 and 7 2268 JOURNAL OF THE HOUSE, District No. 6 Pulaski County Tract 9901 Blocks 244, 252 through 256, 258, 259, 335, 336, 344, 345, 501, 502, 520 through 525, 528, 529, 534 through 538, 553 through 557, and 559 through 566 District No. 7 Pulaski County Tract 9901 Blocks 105 through 108, 110 through 116, 119 through 160, and 163 through 171 For the purposes of this paragraph: (A) 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. (B) Whenever the description of any education 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. (C) Any part of Pulaski County which is not included in any district described in this paragraph shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (3) Each member of the board of education shall be a resident of the respective edu cation district during the member's term of office, and a candidate for membership on said board shall have been a resident of the education district for which the candidate offers for election at least one year prior to the date of election. Each person offering for election as a member of said board shall specify the education district for which the person is offering. Each member of the board shall be elected by a majority vote of the qualified voters voting within each respective district. All members of the board shall be nominated and elected in accordance with the provisions of the general election laws of this state. (4) (A) The first members of the board elected from Districts 3, 4, and 7 shall be nominated and elected at the primary and general elections held in 1984. The mem bers elected in 1984 shall take office on the first day of January, 1985, and shall serve for terms of six years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following the election for terms of six years and until their successors are elected and qualified. The members elected from Districts 3, 4, and 7 shall be the suc cessors to the two appointed incumbent members of the heretofore existing board of education whose terms of office are scheduled to expire on April 15, 1983, and the one appointed incumbent member of the heretofore existing board of education whose term of office is scheduled to expire on April 15, 1984. The terms of office of these three appointed members shall be extended until December 31, 1984, and until their successors are elected and qualified as provided in this part. (B) The first members of the board elected from Districts 2, 5, and 6 shall be nominated and elected at the primary and general elections held in 1986. The mem bers elected in 1986 shall take office on the first day of January, 1987, and shall serve for terms of six years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January TUESDAY, MARCH 16, 1982 2269 immediately following the election for terms of six years and until their successors are elected and qualified. The members elected from Districts 2, 5, and 6 shall be the suc cessors to the one appointed incumbent member of the heretofore existing board of education whose term of office is scheduled to expire on April 15, 1985, and the two appointed incumbent members of the heretofore existing board of education whose terms of office are scheduled to expire on April 15, 1986. The terms of office of these three appointed members shall be extended until December 31, 1986, and until their successors are elected and qualified as provided in this part. (C) The first member of the board of education elected from District 1 shall be nominated and elected at the primary and general elections held in 1988. The member elected in 1988 shall take office on the first day of January, 1989, and shall serve for a term of six years and until his successor is elected and qualified. Thereafter, his suc cessor shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately follow ing the election for a term of six years and until his successor is elected and qualified. The member elected from District 1 shall be the successor to the one appointed incumbent member of the heretofore existing board of education whose term is sched uled to expire April 15, 1987. The term of office of such appointed member shall be extended until December 31, 1988, and until his successor is elected and qualified as provided in this part. (5) From the period January 1, 1983, until December 31, 1984, the board of educa tion shall consist of the seven appointed incumbent members of the heretofore existing board. From the period January 1, 1985, until December 31, 1988, the board of educa tion shall consist of the members elected pursuant to subparagraph (4) and those appointed incumbent members provided for in subparagraph (4). On and after January 1, 1989, the board of education shall consist of members elected pursuant to this para graph. (6) A vacancy which occurs in the membership of the board by death, resignation, removal from the education district, or for any other reason shall be filled by the remaining members of the board electing a successor to serve for the unexpired term. A person elected by the board to fill a vacancy shall meet the residency requirements for the education district wherein the vacancy occurred. (7) The Board of Education of Pulaski County provided for by this paragraph shall be subject to all constitutional and statutory provisions of this state relative to county boards of education and the members thereof, except as otherwise provided by this para graph." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES Shall the Constitution be amended so as to provide for the election of the members of the Board of Education of Pulaski County from education ( ) NO districts and to provide for other matters relative thereto?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: 2270 Aaron Y Adams.G Y Adams.J Y Adams.M YAiken Y Anderaon YArgo YAuten Balkcom Y Bargeron YBaugh Beal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Chambless Y Chance Cheeks Y Childers Y Childs Y Clark,B Clark.L Y Colbert JOURNAL OF THE HOUSE, Coleman Y Collins Y Colwell Y Cornell Y Couch Co* Crawford YCrosby Culpepper Y Cummings Y Darden Daugherty Davis.B DavisJ Y Davis.L Dean YDent Y Dixon Dobbs Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Y Fuller.C YGaler Ginsberg Glover Y Godbee YGreer YHam Hamilton Y Manner Harris YHarrison Y Hasty Y Hawkins YHays YHill Holmes Y Hooks YHome Y Hutchinson Ylrvin Ylsakson Y Jackson,J Y Jackson.N Y Jackson.W Y Jessup Y Johnson,G Y Johnson.R Y Jones3 Y Jones.H YKarrh Kemp YKilgore Lambert YLane,D Lane,R YLawson YLee YLogan YLong YLord Lowe Y Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett YParham Y Patten Y Perry Y Peters Y Phillips.B Phillips.LL Y Phillips,R.T Y PhiUips.W.R Pilewicz Y Pinkston Y Rainey Y Ralston YRamsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Rowland Y Russell Savage YScott^A Y Scott,D Y Shepard Y Sherrod Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg YSwann Y Thomas Thompson Townsend Triplett Tuten YTwiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Walker YWall Y Ware Y Watson White Widener Y Williams.BJ Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy On the adoption of the Resolution, the ayes were 129, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 817. By: Representative Jessup of the 117th: A RESOLUTION Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Bleckley County from education districts and to provide for other matters relative thereto; to provide for the submission of this amend ment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Paragraph II of Section V of Article VIII of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows: "Bleckley County Board of Education. (1) The Board of Education of Bleckley County shall be composed of five members who shall be elected as provided in this para graph. (2) For the purpose of electing the members of said board of education, Bleckley County shall be divided into five education districts as follows: District No. 1 Bleckley County Tract 9901 Block 355 Block Group 4 TUESDAY, MARCH 16, 1982 2271 Blocks 521, 522, 524 through 527, 531 through 533, 537 through 539, 602 through 613, and 622 Block Group 7 Tract 9902 Blocks 308, 310 through 317, 326 through 336, 343 through 349, 352 through 355, and 533 through 546 District No. 2 Bleckley County Tract 9901 Blocks 501 through 520, 523, 528 through 530, 534 through 536, 540, 541, 601, 614 through 621, and 623 through 627 Tract 9902 Blocks 225, 401 through 411, 416, 418, 433 through 435, and 506 District No. 3 Bleckley County Tract 9902 Blocks 202 through 204, 209 through 213, 224, 228, 245, 413 through 415, 417, 420 through 432, 436 through 445, 501 through 505, 507 through 532, and 547 District No. 4 Bleckley County Tract 9902 Block Group 1 Blocks 201, 205 through 208, 214 through 223, 229 through 244, 301 through 307, 318 through 325, 337 through 342, 350, and 351 District No. 5 Bleckley County Tract 9901 Block Groups 1 and 2 Blocks 301 through 354 and 356 through 367 For the purposes of this paragraph: (A) 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. (B) Whenever the description of any education 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. (C) Any part of Bleckley County which is not included in any district described in this paragraph shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (3) Each member of the board of education shall be a resident of the respective edu cation district during the member's term of office, and a candidate for membership on 2272 JOURNAL OF THE HOUSE, said board shall have been a resident of the education district for which the candidate offers for election at least one year prior to the date of election. Each person offering for election as a member of said board shall specify the education district for which the person is offering. Each member of the board shall be elected by a majority vote of the qualified voters voting within each respective district. All members of the board shall be nominated and elected in accordance with the provisions of the general election laws of this state. (4) (A) The first members of the board elected from Districts 1 and 3 shall be nom inated and elected at the primary and general elections held in 1984. The members elected in 1984 shall take office on the first day of January, 1985, and shall serve for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following the election for terms of four years and until their successors are elected and qualified. The members elected from Districts 1 and 3 shall be the successors to the one appointed incumbent member of the heretofore existing board of education whose term of office is scheduled to expire on March 5, 1983, and the one appointed incumbent member of the heretofore existing board of education whose term of office is scheduled to expire on March 7, 1984. The terms of office of these two appointed members shall be extended until December 31, 1984, and until their successors are elected and qualified as provided in this part. (B) The first members of the board elected from Districts 4 and 5 shall be nomi nated and elected at the primary and general elections held in 1986. The members elected in 1986 shall take office on the first day of January, 1987, and shall serve for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following the election for terms of four years and until their successors are elected and qualified. The members elected from Districts 4 and 5 shall be the successors to the one appointed incumbent member of the heretofore existing board of education whose term of office is scheduled to expire on March 5, 1985, and the one appointed incumbent member of the heretofore existing board of education whose terms of office is scheduled to expire on March 4, 1986. The terms of office of these two appointed members shall be extended until December 31, 1986, and until their successors are elected and qualified as provided in this part. (C) The first member of the board of education elected from District 2 shall be nominated and elected at the primary and general elections held in 1988. This mem ber elected in 1988 shall take office on the first day of January, 1989, and shall serve for a term of four years and until his successor is elected and qualified. Thereafter, his successor shall be elected at the general election immediately preceding the expira tion of the term of office and shall take office on the first day of January immediately following the election for a term of four years and until his successor is elected and qualified. The member elected from District 2 shall be the successor to the one appointed incumbent member of the heretofore existing board of education whose term is scheduled to expire March 5, 1987. The term of office of such appointed mem ber shall be extended until December 31, 1988, and until his successor is elected and qualified as provided in this part. (5) From the period January 1, 1983, until December 31, 1984, the board of educa tion shall consist of the five appointed incumbent members of the heretofore existing board. From the period January 1, 1985, until December 31, 1988, the board of educa tion shall consist of the members elected pursuant to subparagraph (4) and those appointed incumbent members provided for in subparagraph (4). On and after January 1, 1989, the board of education shall consist of members elected pursuant to this para graph. (6) A vacancy which occurs in the membership of the board by death, resignation, removal from the education district, or for any other reason shall be filled by the remaining members of the board electing a successor to serve for the unexpired term. TUESDAY, MARCH 16, 1982 2273 A person elected by the board to fill a vacancy shall meet the residency requirements for the education district wherein the vacancy occurred. (7) The Board of Education of Bleckley County provided for by this paragraph shall be subject to all constitutional and statutory provisions of this state relative to county boards of education and the members thereof, except as otherwise provided by this para graph." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to provide for the election of the members of the Board of Education of Bleckley County from education ( ) NO districts and to provide for other matters relative thereto?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Aaron Y Adams.G Y Adams.J Y Adaros.M Y Aiken Y Anderson YArgo Y Auten Balkcom Y Bargeron YBaugh Beal Y Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Chambless Y Chance Cheeks Y Childers Y Childs Y Clark.B Clark,L Y Colbert Coleman Y Collins Y Colwell Y Connell Y Couch Cox Crawford Y Crosby Cul pepper Y Cummings Y Darden Daugherty Davis.B Davis,J Y Davis,L Dean YDent Y Dixon Dobbs Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Ginsberg Glover YGodbee Y Greer YHam Hamilton Y Hanner Harris Y Harrison Y Hasty Y Hawkins YHays YHill Holmes Y Hooks Y Home Y Hutchinson Ylrvin 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 Y Karrh Kemp Y Kilgore Lambert Y Lane.D Lane.R Y Lawson YLee YLogan YLong YLord Lowe Y Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Y Phillips.R.T Y Phillips,W.R Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Rowland Y Russell Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Sizemore Y Smith.T Smith,V Smyre YSnow Y Steinberg Y Swann Y Thomas Thompson Townsend Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Walker Y Wall Y Ware Y Watson White Widener Y Williams,B.J Williams.H Williams.R Y Wilson YWood,J Y Wood,J.T Workman Speaker Murphy On the adoption of the Resolution, the ayes were 129, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. 2274 JOURNAL OF THE HOUSE, HR 822. By: Representative Crawford of the 5th: A RESOLUTION Proposing an amendment to the Constitution, so as to allocate to the Chattooga County School District and the Trion Independent School District the proceeds of any local sales and use tax levied within Chattooga County and provide for corresponding ad valorem tax adjustments; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows: "Subject to such conditions and limitations as the General Assembly may provide by local law, the net proceeds of any sales and use tax levied within Chattooga County, regardless of by whom the tax is levied, shall be divided between the Chattooga County School District and the Trion Independent School District. The net proceeds of the tax shall be distributed between the Chattooga County School District and the Trion Indepen dent School District according to the ratio the population in each school district bears to the total population of Chattooga County or upon such other formula for distribution as may be determined by local law. The ad valorem tax millage rate limitation applicable to the Chattooga County School District under this Section VII of the Constitution and any ad valorem tax millage rate limitation now or hereafter applicable to the Trion Indepen dent School District shall be reduced for every taxable year beginning on or after January 1, 1984, by a millage rate which, if levied against property taxable for educational purposes within each school district, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by that school district in the immediately preceding taxable year. Said school districts shall also comply with the provisions of Code Section 48-8-91 as if they were counties or municipalities within the meaning of that Code section. The provisions of this paragraph are self-executing, but the General Assembly shall be authorized by local law to control the subject matter of this paragraph and to define fur ther and implement its provisions. This authority may be exercised by the General Assem bly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph and any local law adopted pursuant to the authority of this paragraph shall control that subject matter notwithstanding the provisions of any con flicting general law." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to allocate to the Chattooga County School District and the Trion Independent School District the proceeds of any local sales and use tax levied within Chattooga County and provide for corresponding ad valorem tax adjustments?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: TUESDAY, MARCH 16, 1982 2275 Aaron Y Adams.G YAdams,J YAdams,M YAiken Y Anderson YArgo Y Auten Balkcom Y Bargeron YBaugh Seal YBeck Y Benefield YBenn YBirdsong Y Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Chambless Y Chance Cheeks Y Childers Y Childs Y Clark.B Clark,L Y Colbert Coleman Y Collins Y Colwell Y Connell Y Couch Cox Crawford Y Crosby Culpepper Y Cummings YDarden Daugherty Davis.B Davis.J Y Davis.L Dean YDent Y Dixon Dobbs Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Y FuUer.C YGaler Ginsberg Glover Y Godbee YGreer YHam Hamilton Y Manner Harris YHarrison Y Hasty Y Hawkins YHays YHill Holmes Y Hooks YHorne Y Hutchinson Ylrvin Ylsakson Y Jackson*! Y Jackson.N Y Jackson,W YJessup Y Johnson.G Y Johnson,R Y Jones.B Y Jones.H YKarrh Kemp Y Kilgore Lambert Y Lane,D Lane,R YLawson YLee YLogan YLong YLord Lowe Y Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler YMullinai Y Nicholson YNix Oliver Y Padgett YParham Y Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Y Phillips,R.T Y Phillips,W.R Pilewicz Y Pinkston Y Rainey Y Ralston YRamsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Rowland Y Russell Savage YScott,A Y Scott,D YShepard Y Sherrod Sizemore Y Smith,T Smith.V Smyre YSnow Y Steinberg YSwann Y Thomas Thompson Townsend Triplett Tuten YTwiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Walker YWall YWare Y Watson White Widener Y Williams.B.J Williams.H Williams.R Y Wilson YWood,J Y WocKM.T Workman Speaker Murphy On the adoption of the Resolution, the ayes were 129, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 823. By: Representatives Fortune and Mostiler of the 71st: A RESOLUTION Proposing an amendment to the Constitution so as to declare the construction of cer tain public facilities in Spalding County to be an essential governmental function; to authorize Spalding County to levy a one percent retail sales and use tax on sales and uses within the County to provide funds for the financing of such public facilities; to authorize Spalding County and the Griffin-Spalding County School System to issue general obliga tion bonds without a referendum election under certain conditions; to provide for the sub mission of this proposed amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: "The construction of certain public facilities in Spalding County is an essential gov ernmental function and a public purpose for which the power of taxation may be exer cised and public funds may be expended. In furtherance of the achievement of such public purposes, the County is hereby authorized, from and after the effective date for the tax herein imposed and established by the General Assembly, to levy a retail sales and use tax upon the retail purchase, retail sale, rental, storage, use or consumption of tangible personal property, and upon the services described and set forth in the Georgia Retailers' and Consumers' Sales and Use Tax Act, on sales, uses and services rendered within the geographical area of the County. The tax imposed shall correspond, so far as is practicable, except as to rate, 2276 JOURNAL OF THE HOUSE, with the tax imposed by the State Sales and Use Tax Act. The tax when levied shall be at the rate of one percent and shall be added to the tax collected pursuant to the State Sales Tax Act. The proceeds of the tax herein imposed shall be used solely to acquire, build, equip, finance or lease public facilities. The imposition of said tax and its collection by the County for the aforesaid uses are hereby declared essential to the achievement of the public purpose mentioned herein. The right to levy a retail sales and use tax as created by this amendment shall not terminate until all debt issued pursuant to Section 2 hereof to which said tax has been pledged as security has been retired or refunded. The General Assembly may by enactment prescribe such other rules as may be neces sary for the collection and administration of said tax and the distribution of the funds collected pursuant thereto. The funds collected pursuant to the tax herein imposed shall be used to achieve the public purpose mentioned herein under such terms and condi tions as the General Assembly may by enactment prescribe." Section 2. Article IX, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof the following: "provided, however, Spalding County and Griffin-Spalding County School System may issue sales and use tax bonds payable solely from and secured solely by the proceeds of the tax imposed pursuant to Section 1 hereof for jail facilities and courthouse and administrative facilities for Spalding County and for a high school and appurtenant facilities for the Griffin-Spalding County School System, including but not limited to the cost of acquiring land, buildings and equipment, property both real and personal, and all incidental costs and expenses related thereto, without submitting the issuance thereof to the voters of said County or said School District at a referendum, subject to the fol lowing restrictions and limitations: a. Not more than seventeen million three hundred thousand dollars ($17,300,000) in the aggregate in such sales and use tax bonds so issued without a referendum shall ever be issued; provided that within such aggregate limit no more than three million two hundred thousand dollars ($3,200,000) shall be issued for jail facilities, no more than four million one hundred thousand dollars ($4,100,000) shall be issued for courthouse and administrative facilities, and no more than ten million dollars ($10,000,000) shall be issued for a high school and appurtenant facilities. b. Bonds issued pursuant to this amendment shall be confirmed and validated, inso far as applicable, in accordance with the procedure of the Revenue Bond Law (Official Code of Ga. Ann. Title 36, Chapter 82, Article 3), as now or hereafter amended. The foregoing and each and every enactment of the General Assembly pursuant thereto, shall be liberally construed to effectuate the public purpose mentioned herein and shall not be limited by any existing provisions of or amendment to this Constitution or any general or special law heretofore enacted, and the authority granted hereby to the General Assembly may be exercised by general, special, or local laws without regard to uniformity." Section 3. The resolution of the General Assembly of Georgia proposing an amend ment to the Constitution of the State of Georgia so as to declare the construction of cer tain public facilities in Spalding County to be an essential governmental function; to authorize Spalding County to levy a one percent retail sales and use tax on sales and uses within the County to provide funds for the financing of such public facilities; to provide for the submission of the proposed amendment for ratification and for other purposes, which resolution is contained in Georgia Laws 1981, p. 1934-1936, is hereby rescinded and shall be of no force and effect. Section 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to declare the construction of certain public facilities in Spalding County as an essential governmental ( ) NO TUESDAY, MARCH 16, 1982 2277 function and a public purpose; to authorize Spalding County to levy a retail sales and use tax to provide funds for the implementation of such public purpose; to authorize Spalding County to issue not more than three million two hundred thousand dollars ($3,200,000) of jailhouse bonds and not more than four million one hundred thousand dollars ($4,100,000) of courthouse and administrative facility bonds; to authorize the Griffin-Spalding County School System to issue not more than ten million dollars ($10,000,000) of school bonds; all such bonds to be pay able solely from and secured solely by the proceeds of sales and use tax without a referendum, but subject to the limitations imposed?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Aaron Y Adams,G Y Adams.J Y Adams.M Y Aiken Y Anderaon YArgo Y Auten Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd Y Canon Y Castleberry Y Chamberlin Chambless Y Chance Cheeks Y Childers Y Childs Y Clark,B Clark,L Y Colbert Coleman Y Collins Y Colwell Y Connell Y Couch Cox Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Davis.B Davis.J Y Davis.L Dean YDent Y Dixon Dobbs Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Ginsberg Glover Y Godbee YGreer YHam Hamilton Y Banner Harris Y Harrison Y Hasty Y Hawkins YHays YHill Holmes Y Hooks Y Home Y Hutchinson Ylrvin 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 Y Karrh Kemp Y Kilgore Lambert Y Lane.D Lane.R Y Lawson YLee Y Logan YLong YLord Lowe Y Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostilet Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Y Phillips,R.T Y Phillips,W.R Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Rowland Y Russell Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Thompson Townsend Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Walker Y Wall Y Ware Y Watson White Widener Y Williams,B.J Williams.H Williams,R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy On the adoption of the Resolution, the ayes were 129, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. Representatives Williams of the 6th and McCollum of the 134th requested that they be recorded as voting "aye" on all of the preceding local constitutional amendments. 2278 JOURNAL OF THE HOUSE, The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 425. By: Representatives Cason of the 96th, Harrison and Isakson of the 20th, and Watson of the 114th: A BILL to amend Code Chapter 84-3, relating to archi tects, so as to change the provisions relating to the exemption of certain persons from registering as architects; and for other purposes. HB 774. By: Representative Mostiler of the 71st: A BILL to amend an Act known as "The Uniform Standards Code for Mobile Homes Act," so as to change the short title; to change the term "mobile home" to "manufactured home"; to define "manufactured home"; and for other purposes. HB 1349. By: Representatives Coleman of the 118th, Pinkston of the 100th, Banner of the 130th, Ramsey of the 3rd, Phillips of the 59th, and Jackson of the 77th: A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the definition of the term "counterfeit substance"; to make it unlawful to manufacture, deliver, dis tribute, dispense, or sell a noncontrolled substance upon the express or implied representation that the substance is a narcotic or nonnarcotic controlled sub stance; and for other purposes. HB 1585. By: Representatives Karrh of the 106th, Coleman of the 118th, Hanner of the 130th, Jackson of the 77th, Colbert of the 23rd, and others: A BILL to amend Code Section 26-2914, relating to the possession of firearms by convicted felons, so as to authorize the Board of Public Safety to grant relief from the disabilities imposed by this Code Section 16-11-131 of the Official Code of Georgia Anno tated, relating to the possession of firearms by convicted felons, so as to provide therein for the same changes provided for above; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House: HB 1268. By: Representatives Johnson of the 72nd, Matthews of the 145th, Lane of the 81st, Cummings of the 17th, Brooks of the 34th and others: A BILL to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to provide that the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia may invest not more than 50 percent of the assets of the retirement fund in common stocks and equities; to amend the Official Code of Georgia Annotated accord ingly; and for other purposes. HB 1403. By: Representatives Chamberlin of the 73rd, Smith of the 152nd, Jones of the 78th, Adams of the 79th, Childers of the 15th and Byrd of the 138th: A BILL to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to the county law library, so as to provide for other uses of funds paid to the treasurer of the board of trustees of the county law library; and for other purposes. HB 1525. By: Representatives Rainey of the 135th and Peters of the 2nd: A BILL to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game TUESDAY, MARCH 16, 1982 2279 and Fish Code," so as to eliminate the requirement that superior court clerks report to the Department of Natural Resources the disposition of game and fish prosecutions; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House and Senate: HR 265. By: Representatives Smith of the 152nd, Moody and Byrd of the 138th and Branch of the 137th: A RESOLUTION proclaiming an official "Armadillo Olympics Day" in Georgia; and for other purposes. HR 592. By: Representative Ralston of the 7th: A RESOLUTION designating the C. L. Moss Parkway; and for other purposes. HR 593. By: Representative Ralston of the 7th: A RESOLUTION designating the Clem Holland Memorial Bridge; and for other purposes. HR 624. By: Representatives Crosby of the 150th and Dixon of the 151st: A RESOLU TION authorizing the conveyance of certain state owned real property located in Ware County, Georgia; and for other purposes. HR 715. By: Representatives Ham of the 80th, Lee of the 72nd and Walker of the 115th: A RESOLUTION creating the Joint Committee on Farm Winery Laws; and for other purposes. HR 668. By: Representatives Jones of the 126th, Triplett of the 128th and Phillips of the 125th: A RESOLUTION authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Chatham Service Cor poration, a Georgia corporation, its successors and assigns, an irrevocable ease ment over, under, across, and through certain property owned or claimed by the State of Georgia and located in Savannah, Chatham County, Georgia; and for other purposes. SR 339. By: Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A RES OLUTION creating the Motor Vehicle Safety Inspection Study Committee; and for other purposes. SR 342. By: Senators Fincher of the 52nd and Kennedy of the 4th: A RESOLUTION cre ating the Joint Penal System Study Committee; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House: HB 739. By: Representative Auten of the 154th: A BILL to amend Code Section 68-221, relating to licensure and registration of motor vehicles by nonresidents, so as to provide for definitions; to exempt certain persons from certain registra tion requirements for motor vehicles; and for other purposes. HB 780. By: Representative Marcus of the 26th: A BILL to amend Code Title 88, known as the "Georgia Health Code," so as to comprehensively and exhaustively revise, supersede, consolidate, and codify the laws relating to vital records; to provide penalties for the violation thereof; and for other purposes. 2280 JOURNAL OF THE HOUSE, HB 1206. By: Representatives Richardson of the 52nd and Lowe of the 43rd: A BILL to amend Code Section 1-2-7 of the Official Code of Georgia Annotated, relating to citizenship rights of females, so as no longer to exempt women from the lia bility to discharge military, police, patrol, or road duty; and for other purposes. HB 1550. By: Representative Robinson of the 58th: A BILL to amend Code Section 41A-3520, relating to minors' deposits in financial institutions, so as to provide that a minor may have third-party payment accounts; to provide that the pay ment of an order to third parties out of the minor's account shall be a valid and sufficient release and discharge of the savings and loan association for any payment out of such funds from the minor's account; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1601. By: Representative Rainey of the 135th: A BILL to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, opera tion, and sale of watercraft, so as to specify appropriate boating safety zones consistent with public safety at certain dams; and for other purposes. The Senate has agreed to the House amendment to the Senate substitute to the fol lowing Bill of the House: HB 1384. By: Representatives Vandiford of the 53rd, Jackson of the 77th, Colbert of the 23rd, Hanner of the 130th, Coleman of the 118th and others: A BILL to amend Code Chapter 24-28, relating to sheriffs, so as to authorize sheriffs to deposit cash bonds and cash reserves of professional bonds in interest-bearing accounts and to use interest proceeds for operation of their departments; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has adopted the report of the Committee of Conference on the following Bill of the House: HB 1223. By: Representatives Miles of the 107th, Cheeks of the 89th, Colbert of the 23rd, and Sherrod of the 143rd: A BILL to amend Code Chapter 84-5, relating to the practice and licensure of chiropractors, so as to continue the Board of Chiro practic Examiners and the laws relating thereto but to provide for the later ter mination of the board and such laws; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. By unanimous consent, the following Resolutions of the Senate were read the first time and referred to the committees: SR 339. By: Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A RES OLUTION creating the Motor Vehicle Safety Inspection Study Committee; and for other purposes. Referred to the Committee on Motor Vehicles. SR 342. By: Senators Fincher of the 52nd and Kennedy of the 4th: A RESOLUTION cre ating the Joint Penal System Study Committee; and for other purposes. Referred to the Committee on State Institutions & Property. By unanimous consent, all local Bills and Resolutions passed today were ordered immediately transmitted to the Senate. TUESDAY, MARCH 16, 1982 2281 The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto: HB 1486. By: Representative Russell of the 64th: A BILL to reincorporate and provide a new charter for the City of Bogart; and for other purposes. The following Senate amendment was read: Amend HB 1486 by adding after the first semicolon on line 6 of page 1 the following: "to provide for a referendum;". By replacing Section 7.7 with a new Section 7.7 to read as follows: "Section 7.7. Not less than 30 nor more than 45 days before the date of the December, 1982, municipal election, it shall be the duty of the election superintendent of the City of Bogart to issue the call for an election for the purpose of submitting this Act to the electors of the City of Bogart for approval or rejection. The superintendent shall set the date of such election for the date of the December, 1982, municipal election. The super intendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Barrow County. The ballot shall have written or printed thereon the words: '( ) YES ( ) NO Shall the Act creating a new charter for the City of Bogart be approved?' All persons desiring to vote for approval of the Act shall vote 'Yes,' and those persons desiring to vote for rejection of the Act shall vote 'No.' If more than one-half of the votes cast on such question are for approval of the Act, then all sections of this Act other than this Section 7.7 shall become effective on January 1, 1985; otherwise the other provisions of this Act shall be void and of no force and effect. The expense of such election shall be borne by the City of Bogart. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State." The following amendment was read and adopted: Representative Russell of the 64th moves to amend the Senate Amendment to HB 1486 by striking from line 19 of page 1 the word "Barrow" and inserting in lieu thereof the following: "Oconee". By striking from line 29 of page 1 the date "1985" and inserting in lieu thereof the following: Representative Russell of the 64th moved that the House agree to the Senate amend ment, as amended by the House, to HB 1486. On the motion, the ayes were 103, nays 0. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: 2282 JOURNAL OF THE HOUSE, SB 551. By: Senator Littlefield of the 6th: A BILL to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to provide that the board of commissioners may accept certain applications for reinstatement in said fund from prior mem bers who have withdrawn the total sum which they had paid into the fund in dues; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams.J Y Adams.M Y Aiken Y Anderson Argo Y Auten Balkcom Y Bargeron YBaugh Beal YBeck Y Benefield YBenn Birdsong Bishop Y Bolster Y Branch Bray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin ChamblesB Y Chance Cheeks Y Childers Y Childs Clark.B Clark.L Y Colbert Coleman Y Collins Colwell Y Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Davis.B Davis.J Davis.L Dean YDent Y Diaon YDobbs Y Dover Y Edwards Elliott Evans Y Felton Fortune Y Foster Fuller.C YGaler Y Ginsberg Glover YGodbee YGreer YHam Hamilton Y Banner Harris Y Harrison Y Hasty Y Hawking YHays YHill Holmes Y Hooks YHorne Y Hutchinson Ylrvin Ylsakson Y Jack&on.J Jackson.N Y Jackson,W Jessup Y Johnson.G Y Johnson.R Jones.B Y Jones.H YKarrh Kemp Y Kilgore Y Lambert YLane.D Lane.R Y Lawson YLee YLogan YLong YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett YParham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips.L.L Y Phillip8,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Sizemore Y Smith.T Smith.V Smyre YSnow Steinberg YSwann Y Thomas Y Thompson Y Townsend Y Triplett Tuten Y Twiggs Y Vandiford Y Vaughn . YVeazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Widener Y Williams.B.J Williams.H Y Williams,R Y Wilson Y WoodJ Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was SB 623. By: Senator Starr of the 44th: A BILL to amend an Act providing for the removal, storage, and disposal of abandoned motor vehicles and providing for other mat ters relative thereto, so as to provide for the fee which shall be charged for the filing of certain affidavits; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Adams,M Y Aiken Y Anderson Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield YBenn Y Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Cantleberry Chamberlin Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Clark,L Y Colbert Coleman Y Collins Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Darden Y Daugherty TUESDAY, MARCH 16, 1982 Y Davis.B Davis,J Y Davis.L Dean YDent Dixon Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Fortune Foster Fuller.C Y Galer Y Ginsberg Glover Y God bee Greer YHam Hamilton Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays NHill Holmes Y Hooks Y Home Y Hutchinson Ylrvin Y Isakson Y Jackson,J Jackson.N Y Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones,B Y Jones.H Y Karrh Kemp Y Kilgore Y Lambert Y Lane.D Lane.R Y Lawson YLee YLogan YLong YLord YLowe Y Lucas Y Mangum YMann Marcus Y Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Nicholson Nix Oliver Y Padgett Y Parham Y Patten Y Perry Peters Y Phillips.B Y Phillips,L.L Y Phillips,R.T Phillips.W.R Pilewicz Y Pinkston Rainey Ralston Ramsey Randall Y Reaves Richardson Y Robinson YRose Ross Rowland Y Russell Y Savage Y Scott,A Y Scott,D 2283 Y Shepard Y Sherrod Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Triplett Tuten Twiggs Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Watson White Y Widener Y Williams,B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy On the passage of the Bill, the ayes were 121, nays 1. The Bill, having received the requisite constitutional majority, was Representative Hill of the 127th stated that he had inadvertently voted "nay" on the preceding roll call but intended to vote "aye" thereon. SB 669. By: Senator Kidd of the 25th: A BILL to amend an Act known as the "Motor Vehicle Certificate of Title Act," so as to provide that certain motor vehicle tag registration and certificate of title records shall be available for inspection by tax collectors, tax receivers, or tax commissioners; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.J Y Adams.M Y Aiken Y Anderson Argo Y Auten Y Balkcom Y Bargeron YBaugh Beal YBeck Y Benefield YBenn Y Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Clark.L Y Colbert Coleman Y Collins Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Culpepper Cummings Y Darden Daugherty Davis.B Davis.J Y Davis,L Dean YDent Y Dixon Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Y Hanner Y Harris Y Harrison Hasty Y Hawkins YHays YHill Y 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 Jones.B 2284 JOURNAL OF THE HOUSE, Y Jones.H Karrh Kemp Y Kilgore Y Lambert YLane,D Lane.R Y Lawson YLee YLogan YLong YLord YLowe Lucas Y Mangum YMann Marcus Y Martin Y Matthews McCollum McDonald Y McKinney Y Miles Milford Y Montgomery Y Moody Y Moore Y Mostiler Multinax Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Phillips.R.T Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Ralston Ramsey Randall Reaves Richardson Y Robinson YRose Ross Rowland Y Russell Y Savage Scott,A Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Thomas Y Thompson Y Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.B.J Williams.H Williams.R Y Wilson YWood,J Wood^IT Workman Speaker Murphy On the passage of the Bill, the ayes were 122, nays 0. The Bill, having received the requisite constitutional majority, was passed. Due to machine malfunction, the vote of Representative Elliott of the 49th was not recorded on the preceding roll call. He requested to be recorded as voting "aye" thereon. SB 560. By: Senator Kidd of the 25th: A BILL to amend an Act providing retirement ben efits for the clerks of the superior courts of Georgia, so as to change the provi sions relative to service by providing a time by which applications must be made; to provide for late charges; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.J Y Adams.M Y Aiken Y Andersen Argo Y Auten Y Balkcom Bargeron YBaugh Beal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd YCaoon Y Castleberry Y Chamberlin Chambless Y Chance Y Cheeks Y Childers Childs Y Clark,B Clark.L Y Colbert Coleman Y Collins Y Colwell Y Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis.B Y Davis,J Y Davis.L Dean YDent Y Dixon Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover Y Codbee YGreer YHam Hamilton Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y 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 Jones,B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips.L.L Y Phillips.R.T Phillips.W.R Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson YRose YRoss Rowland Y Russell Y Savage Y Scott.A Scott.D Y Shepard Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.BJ Y Williams.H Y Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy TUESDAY, MARCH 16, 1982 2285 On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 550. By: Senators Littlefield of the 6th and Wessels of the 2nd: A BILL to amend the Act known as the "Housing Authorities Law," so as to authorize authorities to purchase mortgage loans and other appropriate forms of collateral and partici pation interests therein from lenders of such loans and collateral to provide financing for dwelling units suitable for occupancy by persons and families of low and moderate income; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend the Act known as the "Housing Authorities Law," approved March 30, 1937 (Ga. L. 1937, p. 210), as amended, so as to authorize authorities to purchase mortgage loans and other appropriate forms of collateral and participation interests therein from mortgage lenders and other holders of such loans and collateral to provide financing for dwelling units suitable for occupancy by persons and families of low and moderate income; to authorize authorities to make loans to owners and loans to mortgage lenders to finance dwelling units suitable for occupancy by persons and families of low and moderate income; to authorize authorities to mortgage, pledge, assign, or grant security interests in such mortgage loans and other collateral to secure payment of bonds of the authority; to pro vide that bonds of authorities issued for such purposes may be sold at public or private sale without public advertisement; to provide necessary definitions; to amend an Act known as the "Georgia Residential Finance Authority Act," approved March 26, 1974 (Ga. L. 1974, p. 975), as amended, so as to change the provisions relating to the state ceiling on single-family residential housing bonds; to change the provisions relating to allocation of single-family residential housing bonds; to amend the Official Code of Georgia Anno tated accordingly; to provide effective dates; to provide for specific repeal; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. The Act known as the "Housing Authorities Law," approved March 30, 1937 (Ga. L. 1937, p. 210), as amended, is amended by adding at the end of Section 3 new subsections (o), (p), (q), (r), (s), (t), and (u) to read as follows: "(o) 'Low and moderate income families' shall mean persons and families of one or more persons, irrespective of race, creed, national origin, or sex determined by the Authority to require such assistance as is made available by this Act on account of insufficient personal or family income, taking into consideration, without limitation, such factors as: (1) The amount of total income of such persons and families available for housing needs; (2) The size of the families; (3) The cost and condition of housing facilities available; (4) The ability of such persons and families to compete successfully in the normal private housing market and to pay the amounts at which private enterprise is provid ing sanitary, decent, and safe housing; and (5) If appropriate, standards established for various federal programs with respect to housing determining eligibility based on income of such persons and families, (p) 'Eligible housing unit' shall mean real and personal property located in the State constituting single or multifamily dwelling units suitable for occupancy by low and mod erate income families and such community facilities as may be incidental or appurtenant thereto. 2286 JOURNAL OF THE HOUSE, (q) 'Mortgage lenders' shall mean national banking associations, banks chartered under the laws of the State, savings and building and loan associations chartered under the laws of the State or of the United States of America, the Federal National Mortgage Association, and federal or state credit unions. The term shall also include mortgage bankers and other financial institutions or governmental agencies which are authorized to deal in mortgages insured or guaranteed by the Federal Government and other enti ties authorized to extend loans to single-family or multifamily housing under the laws of the State. (r) 'Mortgage loans' shall mean notes and other evidences of indebtedness secured by mortgages. (s) 'Mortgaged property' shall mean all properties, real, personal, and mixed, and all interests therein, including grants or subsidies with respect thereto, mortgaged, pledged or otherwise provided in any manner as security for mortgage loans or loans to mortgage lenders. (t) 'Mortgages' shall mean security deeds, mortgages, deeds of trust and other instru ments granting security interests in real and personal properties constituting eligible housing units. (u) 'Community facilities' shall mean the land, buildings, improvements and equip ment for such recreational, community, educational, and commercial facilities as the Authority determines improve the quality of an eligible housing unit." Section 2. Said Act is further amended by adding between Sections 8A and 9 thereof a new Section SB to read as follows: "Section 8B. (a) It is hereby found and declared that from time to time there has existed and at the present time there exists an inadequate supply of funds at interest rates sufficiently low to enable the financing of safe and sanitary single and multifamily dwelling units for citizens of the State with low and moderate income; that the inability to finance such single and multifamily dwelling units results in an inability of builders to construct such housing, causing unemployment or underemployment in the housing construction and related businesses and causing a lack of safe and sanitary housing to be available to persons of low and moderate income; that such unemployment or underemployment in the housing construction and related businesses and an inadequate supply of safe and sanitary housing for persons of low and moderate income wastes human resources, increases the public assistance burden of the State, impairs the secu rity of family life, impedes the economic and physical development of the State, adversely affects the welfare and prosperity of all of the people of the State and accord ingly creates and fosters conditions adverse to the general health and and welfare of the citizens of the State; that the making available in the manner provided in this section of a more adequate supply of funds at interest rates sufficiently low to enable the financing of safe and sanitary single and multifamily dwelling units for citizens of low and moderate income will result in the alleviation or reduction of the adverse conse quences which have resulted and may result from continued unemployment and underemployment in the housing construction and related businesses and the inadequate supply of such housing for persons of low and moderate income. (b) In addition to the powers otherwise granted in this Act, any Authority shall have the following powers: (1) To purchase mortgage loans, other forms of collateral and participations therein from mortgage lenders and other holders of such collateral and to make com mitments therefor; (2) To contract with mortgage lenders for the origination of, or the servicing of, mortgage loans to be made by such mortgage lenders to finance eligible housing units, within the Authority's area of operation and the servicing of the mortgages securing such mortgage loans; (3) To make loans to mortgage lenders, provided that: (A) The proceeds of such loans shall be required to be used by such mortgage lenders for the making of mortgage loans to finance eligible housing units within the Authority's area of operation; and TUESDAY, MARCH 16, 1982 2287 (B) If required by the Authority, the mortgages in connection with the mortgage loans so made, together with any additional security required by the Authority, shall be mortgaged, pledged, assigned or otherwise provided as security for such loans to mortgage lenders; (4) To issue bonds from time to time, in its discretion, to provide funds to pur chase mortgage loans or other forms of collateral or participation interests therein from mortgage lenders and to make loans to mortgage lenders and to make direct loans for eligible housing units as herein authorized and to issue refunding bonds for the purpose of refunding or retiring bonds previously issued by it for any such pur pose, in accordance with the provisions of this Act, which may include (but are not limited to) bonds on which the principal and the interest are payable: (A) Exclusively from the income and revenues of the Authority from one or more specified mortgage loans or other forms of collateral or participation interests therein or from one or more specific loans to mortgage lenders, regardless of whether such mortgage loans or other forms of collateral or participation interests therein were purchased or such loans to mortgage lenders were made from the pro ceeds of such bonds; or (B) From revenues of the Authority generally that are not otherwise pledged or obligated; (5) To exercise any and all rights accorded to the owner and holder of a mortgage under and in accordance with the terms of said instrument and the applicable laws of the State with respect to the mortgaged property, directly or through mortgage lenders or others acting on behalf of the Authority or on behalf of the holders of its bonds, including, but without limitation, the power to foreclose, to forebear enforce ment of any remedy on such terms as the Authority shall deem appropriate, to sell the equity of redemption, to purchase the equity of redemption and otherwise to sell and dispose of the mortgaged property, all as shall seem in the best interest of the Authority and the holders of its bonds; and (6) To mortgage, pledge, assign, or grant security interests in any or all of its mort gage loans or other collateral or participations therein, its mortgages and any interest of the Authority created thereby in the underlying real and personal properties cov ered by such mortgages as security for the payment of the principal of, and interest on, any bonds issued by the Authority, or as security for any agreements made in con nection therewith, whether then owned or thereafter acquired, and to pledge the reve nues from which bonds are payable as security for the payment of the principal of and interest on said bonds and any agreements made in connection therewith. (c) No eligible housing unit shall become subject to the provisions of Section 9 or Section 10 of this Act or entitled to the benefits of Section 21 of this Act solely by rea son of having been financed, directly or indirectly, with proceeds of bonds issued by an Authority for the purposes described in this section. (d) Any bonds issued by an Authority as permitted under the terms of this Act which are issued for the purposes described in this section shall be issued in accordance with the provisions of this Act, except that such bonds may be sold at any price which shall be approved by the Authority and may be sold at public or private sale without any public advertisement. (e) Bonds of an Authority wh'ich are issued for the purposes described in this section shall be confirmed and validated in accordance with the procedures set forth in the Act known as the 'Revenue Bond Law,' as amended, and the judgment of validation shall have the same effect as is provided in said Revenue Bond Law. (f) Any action pertaining to issuance of bonds of an Authority issued for the pur poses described in this section, the rights of the holders thereof or the security therefor, and any action pertaining to the validation of any such bonds, shall be brought in the superior court of the county in which the eligible housing units to be financed with pro ceeds of such bonds are located, or if such eligible housing units shall be located in more than one county, in the superior court of any county where any of such eligible housing units are situated." 2288 JOURNAL OF THE HOUSE, Part 2 Section 3. An Act known as the "Georgia Residential Finance Authority Act," approved March 26, 1974 (Ga. L. 1974, p. 975), as amended, is amended by striking sub section (g) of Section 7, which reads as follows: "(g) The 'state ceiling' on single family residential housing bonds, which is imposed by and defined in the Mortgage Subsidy Bond Tax Act of 1980, shall be allocated in Georgia between the Georgia Residential Finance Authority and the Urban Residential Finance Authorities according to the following formula: (1) Subject to the limitations of subsection (a) of Section 9 of the Act, the Georgia Residential Finance Authority may issue single family residential housing bonds for any calendar year in an amount not to exceed 85 per cent of the state ceiling for that year, except as otherwise provided by paragraph (2) hereof for calendar year 1981; (2) Subject to the limitations of Section 8 of the Urban Residential Finance Authority Act (Ga. Laws 1979, p. 4662), as now or hereafter amended, all of the urban residential finance authorities created by said Urban Residential Finance Authority Act may issue single family residential housing bonds for any calendar year in a com bined amount not to exceed 15 per cent of the state ceiling for that year, except that in calendar year 1981 such urban residential finance authorities may issue single fam ily residential housing bonds in a combined amount not exceeding $50,000,000.00; (3) If by September 1 of each calendar year the urban residential finance authori ties have not issued or have not indicated an intent to issue the maximum amount of single family residential housing bonds authorized in paragraph (2), the Georgia Residential Finance Authority is further authorized to issue additional single family residential housing bonds in an amount equal to the unused portion of the state ceil ing authorized for the urban residential finance authorities. Indication of an intent to issue bonds shall be by official board action of the urban residential finance authority and by the provision of written notification thereof to the Georgia State Financing and Investment Commission.", in its entirety and substituting in lieu thereof a new subsection (g) to read as follows: "(g) (1) As used in this subsection, 'urban residential finance authority' means an authority created pursuant to the 'Urban Residential Finance Authorities Act for Large Municipalities,' approved April 18, 1979 (Ga. L. 1979, p. 4662), as amended; and 'housing authority' means an authority created pursuant to the 'Housing Authorities Law,' approved March 30, 1937 (Ga. L. 1937, p. 210), as amended. (2) The 'state ceiling' on single family residential housing bonds, which is imposed by and defined in the Mortgage Subsidy Bond Tax Act of 1980, shall be allocated in Georgia between the Georgia Residential Finance Authority, urban residential finance authorities, and housing authorities as provided in this subsection. (3) (A) Subject to the limitations of subsection (a) of Section 9 of this Act, the Georgia Residential Finance Authority may issue single family residential housing bonds for any calendar year in an amount not to exceed 70% of the ceiling for that year. (B) Subject to the limitations provided by the laws applicable to such authori ties, all of the urban residential finance authorities may issue single family residen tial housing bonds for any calendar year in an amount not to exceed 15% of the state ceiling for that year. (C) Subject to the limitations provided by the laws applicable to such authori ties, all of the housing authorities may issue single family residential housing bonds for any calendar year in an amount not to exceed 15% of the state ceiling for that year. (4) Each housing authority wishing to participate in the allocation specified in subparagraph (C) of paragraph (3) of this subsection shall submit to the executive direc tor of the Georgia Residential Finance Authority: (A) A resolution adopted by the board of directors of the housing authority stat ing the need and the intention of the authority to issue bonds for single family resi dential units and stating the amount of the bond issue requested; and TUESDAY, MARCH 16, 1982 2289 (B) A duplicate original of a signed agreement between the housing authority and a proposed underwriter or purchaser of the bonds evidencing the underwriter's or purchaser's intention to buy the bonds. (5) Upon the receipt of the material specified in paragraph (4) of this subsection, the Georgia Residential Finance Authority shall commit to the housing authority which submitted the material the amount of the bonds requested from the allocation specified in subparagraph (C) of paragraph (3) of this subsection. Such commitment shall be binding for 120 days following the receipt by the Georgia Residential Finance Authority of the material specified in paragraph (4) of this subsection. (6) If a housing authority which requested a bond issue under paragraph (4) of this subsection fails to sell the bonds within the 120 day period specified in paragraph (5) of this subsection, the commitment made under said paragraph (5) shall be null and void. If the bonds are sold by the housing authority, the authority shall notify the executive director of the Georgia Residential Finance Authority, and the allocation for housing authorities shall be reduced by the amount of the bonds sold. (7) Any unused portion of any allocation amount not committed for bond sale by September 1 of each calendar year shall be made available after that date to any authority specified in subparagraphs (A), (B), and (C) of paragraph (3) of this subsec tion; but any bond sale approved after September 1 shall be subject to the procedures specified in paragraph (4) of this subsection. (8) When the total amount of an allocation has been committed for bond sale, the executive director of the Georgia Residential Finance Authority shall notify the authorities affected by such allocation." Part 3 Section 4. Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, known as the "Housing Authorities Law," is amended by adding immediately fol lowing Code Section 8-3-3 a new Code Section 8-3-3.1 to read as follows: "8-3-3.1. As used in this article, the term: (1) 'Community facilities' means the land, buildings, improvements, and equip ment for such recreational, community, educational, and commercial facilities as the authority determines improve the quality of an eligible housing unit. (2) 'Eligible housing unit' means real and personal property located in the state constituting single or multifamily dwelling units suitable for occupancy by low and moderate income families and such community facilities as may be incidental or appurtenant thereto. (3) 'Low and moderate income families' means persons and families of one or more persons, irrespective of race, creed, national origin, or sex determined by the authority to require such assistance as is made available by this article on account of insufficient personal or family income, taking into consideration, without limitation, such factors as: (A) The amount of total income of such persons and families available for hous ing needs; (B) The size of the families; (C) The cost and condition of housing facilities available; (D) The ability of such persons and families to compete successfully in the nor mal private housing market and to pay the amounts at which private enterprise is providing sanitary, decent, and safe housing; and (E) If appropriate, standards established for various federal programs with respect to housing determining eligibility based on income of such persons and fami lies. (4) 'Mortgage lenders' means national banking associations, banks chartered under the laws of the state, savings and building and loan associations chartered under the laws of the state or of the United States of America, the Federal National Mortgage Association, and federal or state credit unions. The term shall also include mortgage bankers and other financial institutions or governmental agencies which are authorized 2290 JOURNAL OF THE HOUSE, to deal in mortgages insured or guaranteed by the federal government and other enti ties authorized to extend loans for single or multifamily housing under the laws of the state. (5) 'Mortgage loans' means notes and other evidences of indebtedness secured by mortgages. (6) 'Mortgaged property' means all properties, real, personal, and mixed, and all interests therein, including grants or subsidies with respect thereto, mortgaged, pledged, or otherwise provided in any manner as security for mortgage loans or loans to mortgage lenders. (7) 'Mortgages' means security deeds, mortgages, deeds of trust, and other instru ments granting security interests in real and personal properties constituting eligible housing units." Section 5. Said Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Housing Authorities Law," is further amended by adding imme diately following Code Section 8-3-34 a new Code Section 8-3-35 to read as follows: "8-3-35. (a) It is found and declared that from time to time there has existed and at the present time there exists an inadequate supply of funds at interest rates sufficiently low to enable the financing of safe and sanitary single and multifamily dwelling units for citizens of the state with low and moderate income; that the inability to finance such single and multifamily dwelling units results in an inability of builders to construct such housing, causing unemployment or underemployment in the housing construction and related businesses and causing a lack of safe and sanitary housing to be available to per sons of low and moderate income; that such unemployment or underemployment in the housing construction and related businesses and an inadequate supply of safe and sani tary housing for persons of low and moderate income wastes human resources, increases the public assistance burden of the state, impairs the security of family life, impedes the economic and physical development of the state, adversely affects the welfare and pros perity of all of the people of the state and accordingly creates and fosters conditions adverse to the general health and welfare of the citizens of the state; that the making available in the manner provided in this Code section of a more adequate supply of funds at interest rates sufficiently low to enable the financing of safe and sanitary single and multifamily dwelling units for citizens of low and moderate income will result in the alleviation or reduction of the adverse consequences which have resulted and may result from continued unemployment and underemployment in the housing construction and related businesses and the inadequate supply of such housing for persons of low and moderate income. (b) In addition to the powers otherwise granted in this article, any authority shall have the following powers: (1) To purchase mortgage loans or other forms of collateral and participations therein from mortgage lenders and other holders of such collateral and to make com mitments therefor; (2) To contract with mortgage lenders for the origination of, or the servicing of, mortgage loans to be made by such mortgage lenders to finance eligible housing units within the authority's area of operation and the servicing of the mortgages securing such mortgage loans; (3) To make loans to mortgage lenders, provided that: (A) The proceeds of such loans shall be required to be used by such mortgage lenders for the making of mortgage loans to finance eligible housing units within the authority's area of operation; and (B) If required by the authority, the mortgages in connection with the mortgage loans so made, together with any additional security required by the authority, shall be mortgaged, pledged, assigned, or otherwise provided as security for such loans to mortgage lenders; (4) To issue bonds from time to time, in its discretion, to provide funds to pur chase mortgage loans or other forms of collateral or participation interests therein from mortgage lenders and to make loans to mortgage lenders and to make direct TUESDAY, MARCH 16, 1982 2291 loans for eligible housing units as authorized in this Code section and to issue refund ing bonds for the purpose of refunding or retiring bonds previously issued by it for any such purpose, in accordance with the provisions of this article, which may include, but are not limited to, bonds on which the principal and the interest are payable: (A) Exclusively from the income and revenues of the authority from one or more specified mortgage loans or other forms of collateral or participation interests therein from one or more specific loans to mortgage lenders, regardless of whether such mortgage loans or other forms of collateral or participation interests therein were purchased or such loans to mortgage lenders were made from the proceeds of such bonds; or (B) From revenues of the authority generally that are not otherwise pledged or obligated; (5) To exercise any and all rights accorded to the owner and holder of a mortgage under and in accordance with the terms of said instrument and the applicable laws of the state with respect to the mortgaged property, directly or through mortgage lenders or others acting on behalf of the authority or on behalf of the holders of its bonds, including, but without limitation, the power to foreclose, to forebear enforce ment of any remedy on such terms as the authority shall deem appropriate, to sell the equity of redemption, to purchase the equity of redemption, and otherwise to sell and dispose of the mortgaged property, all as shall seem in the best interest of the authority and the holders of its bonds; and (6) To mortgage, pledge, assign, or grant security interests in any or all of its mort gage loans or other collateral or participation interests therein, its mortgages, and any interest of the authority created thereby in the underlying real and personal proper ties covered by such mortgages as security for the payment of the principal of, and interest on, any bonds issued by the authority, or as security for any agreements made in connection therewith, whether then owned or thereafter acquired, and to pledge the revenues from which bonds are payable as security for the payment of the principal of and interest on said bonds and any agreements made in connection therewith. (c) No eligible housing unit shall become subject to the provisions of Code Section 8-3-11 or Code Section 8-3-12 or entitled to the benefits of Code Section 8-3-8 solely by reason of having been financed, directly or indirectly, with proceeds of bonds issued by an authority for the purposes described in this Code section. (d) Any bonds issued by an authority as permitted under the terms of this article which are issued for the purposes described in this Code section shall be issued in accordance with the provisions of this article, except that such bonds may be sold at any price which shall be approved by the authority and may be sold at public or private sale without any public advertisement. (e) Bonds of an authority which are issued for the purposes described in this Code section shall be confirmed and validated in accordance with the procedures set forth in Article 3 of Chapter 82 of Title 36 known as the 'Revenue Bond Law,' and the judgment of validation shall have the same effect as is provided in said Revenue Bond Law. (f) Any action pertaining to issuance of bonds of an authority issued for the purposes described in this Code section, the rights of the holders thereof or the security therefor, and any action pertaining to the validation of any such bonds, shall be brought in the superior court of the county in which the eligible housing units to be financed with pro ceeds of such bonds are located, or if such eligible housing units shall be located in more than one county, in the superior court of any county where any of such eligible housing units are situated." Part 4 Section 6. Code Section 8-3-176 of the Official Code of Georgia Annotated, relating to the general powers of the Georgia Residential Finance Authority, is amended by striking subsection (g), which reads as follows: "(g) The state ceiling on single-family residential housing bonds, which is imposed by and defined in the Mortgage Subsidy Bond Tax Act of 1980, shall be allocated in 2292 JOURNAL OF THE HOUSE, Georgia between the Georgia Residential Finance Authority and the urban residential finance authorities according to the following formula: (1) Subject to the limitations of subsection (a) of Code Section 8-3-180, the Geor gia Residential Finance Authority may issue single-family residential housing bonds for any calendar year in an amount not to exceed 85 percent of the state ceiling for that year, except as otherwise provided by paragraph (2) of this subsection for calen dar year 1981; (2) Subject to the limitations of Section 8 of the 'Urban Residential Finance Authority Act for Large Municipalities' (Ga. L. 1979, p. 4662), as now or hereafter amended, all of the urban residential finance authorities created by said 'Urban Resi dential Finance Authority Act' may issue single-family residential housing bonds for any calendar year in a combined amount to exceed 15 percent of the state ceiling for that year, except that in calendar year 1981 such urban residential finance authorities may issue single-family residential housing bonds in a combined amount not exceeding $50 million; (3) If by September 1 of each calendar year the urban residential finance authori ties have not issued or have not indicated an intent to issue the maximum amount of single-family residential housing bonds authorized in paragraph (2) of this subsec tion, the Georgia Residential Finance Authority is further authorized to issue addi tional single-family residential housing bonds in an amount equal to the unused portion of the state ceiling authorized for the urban residential finance authorities. Indication of an intent to issue bonds shall be by official board action of the urban residential finance authority and by the provision of written notification thereof to the Georgia State Financing and Investment Commission.", in its entirety and substituting in lieu thereof a new subsection (g) to read as follows: "(g) (1) As used in this subsection, 'urban residential finance authority' means an authority created pursuant to the 'Urban Residential Finance Authorities Act for Large Municipalities,' approved April 18, 1979 (Ga. L. 1979, p. 4662), as amended; and 'housing authority' means an authority created pursuant to Article 1 of this chapter, known as the 'Housing Authorities Law.' (2) The 'state ceiling' on single-family residential housing bonds, which is imposed by and defined in the Mortgage Subsidy Bond Tax Act of 1980, shall be allocated in Georgia between the Georgia Residential Finance Authority, urban residential finance authorities, and housing authorities as provided in this subsection. (3) (A) Subject to the limitations of Code Section 8-3-180, the Georgia Residen tial Finance Authority may issue single-family residential housing bonds for any cal endar year in an amount not to exceed 70 percent of the ceiling for that year. (B) Subject to the limitations provided by the laws applicable to such authori ties, all of the urban residential finance authorities may issue single-family residen tial housing bonds for any calendar year in an amount not to exceed 15 percent of the state ceiling for that year. (C) Subject to the limitations provided by the laws applicable to such authori ties, all of the housing authorities may issue single-family residential housing bonds for any calendar year in an amount not to exceed 15 percent of the state ceiling for that year. (4) Each housing authority wishing to participate in the allocation specified in subparagraph (C) of paragraph (3) of this subsection shall submit to the executive direc tor of the Georgia Residential Finance Authority: (A) A resolution adopted by the board of directors of the housing authority stat ing the need and the intention of the authority to issue bonds for single-family resi dential units and stating the amount of the bond issue requested; and (B) A duplicate original of a signed agreement between the housing authority and a proposed underwriter or purchaser of the bonds evidencing the underwriter's or purchaser's intention to buy the bonds. (5) Upon the receipt of the material specified in paragraph (4) of this subsection, the Georgia Residential Finance Authority shall commit to the housing authority which submitted the material the amount of the bonds requested from the allocation TUESDAY, MARCH 16, 1982 2293 specified in subparagraph (C) of paragraph (3) of this subsection. Such commitment shall be binding for 120 days following the receipt by the Georgia Residential Finance Authority of the material specified in paragraph (4) of this subsection. (6) If a housing authority which requested a bond issue under paragraph (4) of this subsection fails to sell the bonds within the 120 day period specified in paragraph (5) of this subsection, the commitment made under said paragraph (5) shall be null and void. If the bonds are sold by the housing authority, the authority shall notify the executive director of the Georgia Residential Finance Authority and the allocation for housing authorities shall be reduced by the amount of the bonds sold. (7) Any unused portion of any allocation amount not committed for bond sale by September 1 of each calendar year shall be made available after that date to any authority specified in subparagraphs (A), (B), and (C) of paragraph (3) of this subsec tion; but any bond sale approved after September 1 shall be subject to the procedures specified in paragraph (4) of this subsection. (8) When the total amount of an allocation has been committed for bond sale, the executive director of the Georgia Residential Finance Authority shall notify the authorities affected by such allocation." Part 5 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Parts 1 and 2 of this Act shall be repealed effective November 1, 1982. (c) Parts 3 and 4 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by 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 Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Birdsong Y Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd Y Cason Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Clark.L Y Colbert Coleman Y Collins Y Colwell Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis.B N Davis,J Y Davis.L Dean YDent Y Dixon Dobbs Y Dover Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Ginsberg Glover Y Godbee Y Greer YHam Hamilton Y Hanner Y Harris Harrison Y Hasty Y Hawkins Y Hays YHill Y Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson.N Y Jackson.W Y Jessup Y Johnson.G Y Johnson,R Y Jones,B Y Jones,H Y Karrh Y Kemp Y Kilgore Lambert Y Lane,D Y Lane.R Y Lawson Y Lee Y Logan YLong YLord Y Lowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Nicholson Y Nix Oliver Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L N Phillips.R.T Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson YRose Y Ross Rowland Y Russell Y Savage Scott,A Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre Y Snow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Vaughn Y Veazey 2294 Y Waddle Y Walker YWall Ware Y Watson WhiU JOURNAL OF THE HOUSE, Y Widener Y William8,BJ Y Williams.H Williams.R Y Wilson Y WoodJ Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, by substitute, the ayes were 143, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Scott of the 123rd stated that he had been called from the floor of the House during the preceding roll call and requested that he be recorded as voting "aye" thereon. SB 650. By: Senator Barnes of the 33rd: A BILL to amend Code Section 7-1-293 of the Official Code of Georgia Annotated, relating to savings banks and state savings and loan associations, so as to remove the provisions subjecting state savings and loan associations to the same laws and regulations applicable to commercial banks regarding the establishment and operation of branch banks, bank offices, and bank facilities; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Clark,L Y Colbert Coleman Y Collins Y Colwell Connell Y Couch YCox Y Crawford Crosby Y Culpepper Y Cummings Y Darden Daughterly Y Davis,B Y Davis,J Y Davis,L Dean YDent Y Dixon Dobbs Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer YHam Hamilton Y Manner Harris Harrison Y Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson,N Jackson.W Jessup Y Johnson.G Y Johnson.R Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee YLogan YLong YLord YLowe Lucas Mangum YMann Marcus Y Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Y Pinkston Rainey Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson YRose YRoss Rowland Y Russell Y Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker YWall Y Ware Y Watson White Y Widener Y Williams.B.J Y Williams.H Y Williams.R Wilson Y Wood.J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 141, nays 0. The Bill, having received the requisite constitutional majority, was passed. TUESDAY, MARCH 16, 1982 2295 Representative Scott of the 123rd stated that he had been called from the floor of the House during the preceding roll call and requested that he be recorded as voting "aye" thereon. SB 709. By: Senator Starr of the 44th: A BILL to provide for the appointment of law enforcement officers of the United States or of any of the several states to assist law enforcement agencies of this state; to provide for the powers, duties, privileges, and immunities of such appointed law enforcement officers; to pro vide procedures in connection with such appointments; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams,J Y Adams.M Aiken Y Anderson Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry ChamberHn Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark.B Clark,L Y Colbert Coleman Y Collins Colwell Y Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Darden Daugherty Y Davis.B Y Davis,J Y Davis,L Dean YDent Y Dhton Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover YGodbee Greer YHam Hamilton Y Manner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Y 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 Y Kilgore Lambert Y Lane.D Y Lane,R Y Lawson YLee YLogan YLong YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips,L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Ralston Y Ramsey YRandall Y Reaves Richardson Y Robinson Rose YRoss Rowland Y Russell Y Savage Y Scott,A ScottJD Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplett YTuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker YWall Y Ware Y Watson 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, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 479. By: Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th, Brannon of the 51st, Thompson of the 32nd and Dean of the 31st: A BILL to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to change the provisions relating to possession of cocaine, heroin, and marijuana; to change the type of possession necessary to constitute an offense under this Code section; to create additional crimes relating to methaqualone; and for other purposes. The following amendment was read and adopted: 2296 JOURNAL OF THE HOUSE, Representative Fortune of the 71st moves to amend SB 479 by adding a new Subsec tion (f) on page 4 to read as follows: "(f) Any person who violates any provision of Section 16-13-31, in regard to traffick ing in cocaine, illegal drugs or marijuana, shall be punished by imprisonment for not less than five years nor more than 30 years and by a fine not to exceed $500,000." The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.J Y Adams,M Y Aiken Y Anderson Argo Y Auten Y Balkcom Y Bargeron YBaugh Seal YBeck Y Benefield Benn Birdsong Y Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark.B Clark,L Y Colbert Coleman Y Collins Colwell Y Connell Y Couch YCox Y Crawford Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis,B Y Davis,J Y Davis,L Dean YDent Y Dixon Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover YGodbee Greer YHam Hamilton Y Hanner Y Harris Harrison Y Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Y Hutchinson Ylrvin 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 Y Karrh YKemp Y Kilgore Y Lambert Y Lane,D Y Lane,R Y Lawson YLee YLogan YLong YLord YLowe Y Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum McDonald N McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Pinkston Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett YTuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y Williams.B.J Y Williams.H Y Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, as amended, the ayes were 145, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 662. By: Senator Lester of the 23rd: A BILL to amend Code Chapter 84-2, known as the "Public Accountancy Act of 1977," so as to continue the board and the laws relating thereto but to provide for the later termination of the board and those laws; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: TUESDAY, MARCH 16, 1982 2297 Y Aaron Y Adams,G Y Adams.J Y Adaros,M Y Aiken Y Anderson Argo YAuten Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Branch YBray Brooks Buck YBurruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Clark,L Y Colbert Coleman Y Collins Colwell Y Connell Y Couch Cox Crawford Y Crosby Culpepper Cummings Y Darden Y Daugherty Davis,B Y Davis,J Y Davis.L Dean YDent Y Diion Dobbs Y Dover Y Edwards Y Elliot! Y Evans Y Felton Fortune Foster Y Fuller.C YGaler Y Ginsberg Glover Y Godbee Greer YHam Hamilton Y Manner Y Harris Harrison Y Hasty Y Hawkins YHays YHill Holmes Y Hooks Home Y Hutchinson Y Irvin Isakson Y Jackson,,! Y Jackson,N Y Jackson,W Jessup Johnson.G Y Johnson,R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Lucas Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNii Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips,L.L Phillips.RT Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V YSmyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett YTuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker YWall Y Ware Y Watson White Y Widener Y Williams.BJ Y Williams.H Y Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 552. By: Senators Littlefield of the 6th and Hill of the 29th: A BILL to amend Code Section 91A-1373, relating to minimum salaries of tax collectors and tax com missioners, so as to change the population classifications; to change the mini mum salaries of such officers; to provide for additional compensation to such officers for collecting municipal taxes; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Committee substitute was read: A BILL To amend Code Section 91A-1373, relating to minimum salaries of tax collectors and tax commissioners, as amended, so as to change the population classifications; to change the minimum salaries of such officers; to provide for other matters relative to the forego ing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Section 91A-1373, relating to minimum salaries of tax collectors and tax commissioners, as amended, is amended by striking subsections (b) and (c) of said Code section in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: "(b) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commissioner in each county of the State 2298 JOURNAL OF THE HOUSE, who is compensated by an annual salary shall be fixed according to the population of the county in which he serves as determined by the United States Decennial Census of 1980 or any future such censust provided, however, that; ia the event the population ef- ft county sccording* to tftc Tjmtcd otfltes uecennidi v>ensus of J.you of &ny tuturc sucii census "MS less tn&n rts popui&11on SCCOPQ in^ to tnc united otstcs J_icccnnifli t^ensus ot iy 10, tne popul8tton DPQCifet under wnicn flny such county islis fop tne purpose9 OT tnis GO/!I>1 a9IVIiBa1111 U^-C~ rUlCafLoCMrrirUtHinlnC/U'j QorU-CmUnITlIi1n11tgr T-ftnJ tI/KI 1nC TUTHi->I'kttCfifU*l O Qim ottfM cSi U T^W n ^C-nInlrt>lilan l1 f\JVCniiilQ9UiiQa rO*r 1IVQ7t\fJl, Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following sched ule: Population Minimum Salary 8--3#99 0--5,999 $ 9^00 10,935 3,000--6,000 $40 6,000--8,000 6.000--11,999 $ 34^30 13,660 9,000--11,009 $ 12,420 12,000--19,999 $ 44^66 15,400 20,000--29,999 $ i4#W 16,400 30,000--39,999 $ 16,160 17,765 40,000--49,999 $ #W 19,810 50,000--99,999 $ 21,120 23,230 100,000--107,900 100,000--199,999 $ 34^330 26,640 180,000--up 200,000--299,999 $ 86^90 28,600 300,000--up $ 35,000. (c) In any county in which more than 50 percent of the population of the county, according to the United States Decennial Census of 1980 or any future such census, resides on property of the United States Government which is exempt from taxation by this State, the population of the county for the purpose of subsection (b) shall be deemed to be the total population of the county minus the population of such county which resides on the property of the United States Government." Part 2 Section 2. Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to minimum salaries of tax collectors and tax commissioners, is amended by striking sub sections (b) and (c) of said Code section in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: "(b) (1) Any other law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he serves as deter mined by the United States decennial census of 1970 1980 or any future such census; providCQ, ftowcvcp, trifltt m trie event tiie popuifltion ot fl county flccoroing to tnc United States decennial eenstis of 1980 er ay future stieh eenws is teas thai* its pepatet according te the United States decennial census of 1970, the population bracket tmder which the county feHs for the purposes ef- this Code section shaU be determined provided in paragraph (2) of this subsection, each such officer shall receive an annual salary payable in equal monthly installments from the funds of the county of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 899 5,999 $ 9^09^0 10,935.00 q fiAn c 000 0 040 00 6^000 - 8^999 11,999 Q ftAfl 11 r\f\t\ fc* (\AA/ ~ i L r i7i7i7 11,180.00 13J660.00 i o ^on Li,*ti\J 12,000 - 19,999 14,000.00 15,400.00 20,000 - 29,999 14,910.00 16,400.00 30,000 - 39,999 16,160.00 17,765.00 40,000 - 49,999 18,010.00 19,810.00 TUESDAY, MARCH 16, 1982 2299 100,000 - 179,999 199.999 24,220.00 26,640.00 200.000 - 299,999 28,600.00 300.000 : up 35,000.00 (2) Any other law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census. Effective July 1, 1983, each such officer shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 $ 12,025.00 6.000 - 11,999 15,025.00 12,000 - 19.999 16,940.00 20,000 - 29,999 18,040.00 30.000 - 39,999 19,540.00 40,000 - 49,999 21,790.00 50,000 - 99,999 25,555.00 100.000 - 199,999 29,305.00 200.000 - 299,999 31,460.00 300.000 - and up 38,500.00 (c) In any county in which more than 50 percent of the population of the county, according to the United States decennial census of 1970 1980 or any future such census, resides on property of the United States government which is exempt from taxation by this state, the population of the county for the purpose of subsection (b) of this Code section shall be deemed to be the total population of the county minus the population of such county which resides on property of the United States government." Parts Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Castleberry of the lllth moves to amend the Committee substitute to SB 552 by striking in their entirety lines 22 through 27 on page 1 and lines 1 through 2 on page 2, which read as follows: "Census of 1970 1980 or any future such census; provided, however, that, in the event the popuifltion of & county flccording to the united fotQtes ueccnnifli ocnsus of iyou OP any ftrtwe saeh eensas is less than its population according -to the United States Deccnntftl Oensus of 1U /Uj the popul&11on Df&CRet tinder which 8ny sueti county isiis for the purposes of this ocction shflii oe determined sccopdin^ to the united otQtcs uecennifti and inserting in lieu thereof the following: "Census of 1070 1980 or any future such census; provided, however, that, in the event the population of a county according to the United States Decennial Census of 1980 or any future such census is less than its population according to the United States Decen nial Census of 1970, the population bracket under which any such county falls for the 2300 JOURNAL OF THE HOUSE, purposes of this Section shall be determined according to the United States Decennial Census of 1970." By striking in their entirety lines 11 through 19 on page 3, which read as follows: "1970 1980 or any future such census; provided, however, that, in the event the pepalation of a county according te the United States decennial cenaas ef 1080 r any Artwe saeh census is tess tha its population according te the United States decennial census of iy/Uj tfi6 popuifl11oil D'fflcitct unucp wfiicft flny sucft county r&iis ror inc purposcs of and inserting in lieu thereof the following: "1970 1980 or any future such census; provided, however, that, in the event the popu lation of a county according to the United States decennial census of 1980 or any future such census is less than its population according to the United States decennial census of 1970, the population bracket under which any such county falls for the purposes of this Code section shall be determined according to the United States decennial census of 1970. Each". The following amendment was read: Representative Adams of the 14th moves to amend the Committee substitute to SB 552 by striking on page 4, lines 5 through 34 and on page 5, lines 1, 2, and 3. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Aaron N Adams.G Y Adams,J N Adams.M N Aiken N Andersen Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal NBeck Y Benefield N Benn N Birdsong N Bishop N Bolster Y Branch N Bray Brooks YBuck N Burruss Y Burton YByrd Y Cason Y Castleberry N Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Clark.L N Colbert Coteman Y Collins Colwell N Connell N Couch NCox N Crawford Y Crosby N Culpepper Y Cummings N Darden N Daugherty N Davis,B Y Davis,J Y Davis.L Dean N Dent N Dixon Y Dobbs Y Dover Y Edwards Y Elliott N Evans Y Felton Y Fortune Y Foster N Fuller.C Y Galer N Ginsberg Glover Y Godbee Greer NHam N Hamilton N Manner N Harris N Harrison N Hasty Y Hawkins YHays Hill N Holmes N Hooks N Home N Hutchinson Y Irvin NIsakson Y Jackson.J Jackson.N Y Jackson.W N Jessup N Johnson,G Y Johnson.R N Jones,B Y Jones.H N Karrh Kemp N Kilgore N Lambert N Lane.D Y Lane.R Y Lawson Lee N Logan N Long Y Lord N Lowe Lucas N Mangum N Mann N Marcus N Martin Y Matthews N McCollum Y McDonald Y McKinney Y Miles N Milford Y Montgomery Y Moody Y Moore Y Mostiler N Mullinax N Nicholson NNix Oliver N Padgett Y Parham N Patten N Perry N Peters Y Phillips.B Y Phillips.L.L Y Phillips,R.T N Phillips,W.R Y Pilewicz N Pinkston N Rainey N Ralston N Ramsey N Randall N Reaves Y Richardson N Robinson YRose YRoss N Rowland N Russell On the adoption of the amendment, the ayes were 74, nays 87. N Savage N Scott,A N Scott.D Y Shepard Y Sherrod N Sizemore Y Smith.T Smith.V Y Smyre Snow Y Steinberg Y Swann N Thomas N Thompson Y Townsend N Triplett NTuten N Twiggs Y Vandiford N Vaughn N Veazey N Waddle N Walker Y Wall N Ware Y Watson White Y Widener Y Williams.B.J Y Williams.H N Williams.R N Wilson N Wood,J Y Wood,J.T Y Workman Speaker Murphy TUESDAY, MARCH 16, 1982 2301 The amendment was lost. The following amendment was read and adopted: Representative Vaughn of the 57th moves to amend the Committee substitute to SB 552 by adding: "This Act shall not apply to any county that has a uniform salary schedule for elected county officials that is based on a percentage of the salary of the senior judge of the supe rior court serving said county." The following amendments were read and lost: Representative Widener of the 44th moves to amend the Committee substitute to SB 552 by adding on page 5, line 13 the following: "Section 4. Code Section 91A-1373, relating to minimum salaries of tax collectors and tax commissioners, shall be repealed in its entirety on January 1, 1983." And by renumbering the present Section 4 as Section 5. Representatives Buck of the 95th, Cason of the 96th, Galer of the 97th and others move to amend the Committee substitute to SB 552 by adding in the title on line 5 of page 1, immediately preceding the words "to amend", the following: "to provide exceptions;". By adding at the end of Part 1, between lines 29 and 30 on page 2, a new Section 1A to read as follows: "Section 1A. Said Code section is further amended by adding at the end thereof a new subsection (i) to read as follows: '(i) The provisions of this Code section shall not apply to any tax collector or tax commissioner of a consolidated government of this state."' By adding at the end of Part 2, between lines 3 and 4 on page 5, a new Section 2A to read as follows; "Section 2A. Said Code section is further amended by adding at the end thereof a new subsection (i) to read as follows: '(i) The provisions of this Code section shall not apply to any tax collector or tax commissioner of a consolidated government of this state.'" The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Argo N Auten N Balkcom N Bargeron Y Baugh Beal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch Y Bray Y Brooks YBuck Y Burruss N Burton NByrd N Cason Y Castleberry Y Chamberlin Y Chambless N Chance Y Cheeks N Childers Y Childs Y Clark.B Clark.L 2302 JOURNAL OF THE HOUSE, YColbert Y Coleman N Collins Colwell Y Connell Couch NCoi Y Crawford YCrosby Y Culpepper Y Cummings YDarden YDaugherty YDavi,B N Davis,J Y Davis.L Dean Y Dent YDon NDobbs N Dover Y Edwards Y Elliott N Evans NFelton Y Fortune N Foster YFuller.C N Galer Y Ginsberg Glover N Godbee Greer Y Ham Y Hamilton N Banner Y Harris Harrison Y Hasty Y Hawkins Y Hays Hill Y Holmes Y Hooks Y Home Y Hutchinson Y Irvin Ylsakson YJacksonJ Y Jackeon.N N Jackson ,W Y Jessup N Johnson.G N Johnson.R Y Jones,B Y Jones.H Y Karrh Y Kemp Y Kilgore Y Lambert N Lane.D N Lane.R Y Lawson Lee Y Logan Y Long Y Lord Y Lowe Lucas Y Mangum Y Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald N McKinney N Miles Y Milford N Montgomery Y Moody N Moore Y Mostiler Y Mullinai Y Nicholson Y Nix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters N Phillips.B Y Phillips,L.L N Phillips.R.T Y Phillips,W.R N Pilewicz Y Pinkston Y Rainey N Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson N Rose N Ross Y Rowland N Russell N Savage N Scott.A Scott.D Y Shepard N Sherrod N Sizemore Y Smith.T Smith.V Y Smyre Y Snow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey N Waddle Y Walker N Wall Y Ware N Watson White N Widener N Williams.B.J N Williams.H N Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, by substitute, as amended, the ayes were 115, nays 47. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. Representatives Hill of the 127th and Lee of the 72nd stated that they had been called from the floor of the House during the preceding roll call and requested that they be recorded as voting "aye" thereon. SB 528. By: Senator Kidd of the 25th: A BILL to amend an Act providing minimum sala ries for sheriffs to be paid from county funds, so as to provide adequate com pensation for the sheriffs of the state; to change the minimum salaries provided by this Act; and for other purposes. The following Committee substitute was read: A BILL To amend an Act providing minimum salaries for sheriffs to be paid from county funds, approved April 2, 1971 (Ga. L. 1971, p. 380), as amended, so as to provide adequate compensation for the sheriffs of the state; to change the minimum salaries provided by this Act; to change the provisions relating to longevity increases; to provide for other mat ters relative to the foregoing; to amend the Official Code of Georgia Annotated accord ingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act providing minimum salaries for sheriffs to be paid from county funds, approved April 2, 1971 (Ga. L. 1971, p. 380), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: "Section 1. Any other provisions of law to the contrary notwithstanding, the minimum annual salary of each sheriff in the State of Georgia shall be fixed according to the pop ulation of the county in which he serves as determined by the United States Decennial TUESDAY, MARCH 16,1982 2303 Census of 1970 1980 or any future such census; provided, however, that; in the event the population of a county according te the United States Decennial Census ef- 1080 er any future saeh census is teas than its population according te the United States Dcccn- PUPpOSCS Or In19 OCCtlOIl SRflli o QCtCFlUlRCQ' ftCCOPCt1R cO tftC L/nit-CCl otflWJS t/CCCRftifli Census ef 1070. Each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule: Population o - 5,999 Minimum Salary $ la^oe 13,750 6,000 - 11,999 iejgee 17,050 12,000 - 19,999 17,800 19,580 20,000 - 29,999 195600 21,560 30,000 - 39,999 21,406 23.540 40,000 - 49,999 23,200 25,520 50,000 - 99,999 SerOOO 27,500 100,000 - 199,999 Se^OO 29,370 200,000 - and ap 299,999 2806 31,460 300.000 : and u 38,500." Section 2. Said Act is further amended by striking in its entirety Section 2, which reads as follows: "Section 2. The amounts provided in Section 1 of this Act shall be increased by five percent for each four-year term of office served by any sheriff, figured at the end of each such period of service. Such increase shall not have retroactive effect, except that the current term of sheriffs presently in office shall be counted for determining the appro priate salary under this Section. This Act shall not be construed to reduce the salary of any sheriff presently in office. The minimum salaries provided for in this Act shall be considered as salary only. Expenses for deputies, equipment, supplies, copying equip ment and other necessary and reasonable expenses for the operation of a sheriffs office shall come from funds other than the funds specified as salary in this Act.", and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. (a) The amounts provided in Section 1 shall be increased by 5 percent for each four-year term of office served by any sheriff after December 31, 1976, and prior to July 1, 1982, effective July 1, 1982. (b) The amounts provided in Section 1, including any increases provided by subsec tion (a) of this section, where applicable, shall be increased by 5 percent for each fouryear term of office served by any sheriff, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term of sheriffs in office on July 1, 1982, shall be counted for determining the appropriate salary under this Act. The minimum salaries provided for in this Act shall be considered as salary only. Expenses for deputies, equipment, supplies, copying equipment, and other neces sary and reasonable expenses for the operation of a sheriffs office shall come from funds other than the funds specified as salary in this Act." Part 2 Section 3. Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, is amended by striking Code Section 15-16-20 in its entirety and inserting in lieu thereof a new Code Section 15-16-20 to read as follows: "15-16-20. (a) (1) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 19TO 1980 or any future such census; provided, however, that, in the event the pepulation of a county according to tnc united otatcs decennial census of lyou of any future saeh census is less than its population according te the United States decennial census ef 1970, the population bracket ander which any such county feHs fef the parposes of tftis t/ode section 911811 oc determined 8.ccordin to LRG united otfties deccn* ntal census ef 1070. Each Except as otherwise provided in paragraph (2) of this 2304 JOURNAL OF THE HOUSE, subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule: Population o - 5,999 Minimum Salary $ ia^see 13,750.00 6,000 - 11,999 16,600 17,050.00 12,000 - 19,999 17,800 19,580.00 20,000 - 29,999 19,600 21,560.00 30,000 - 39,999 21,400 23,540.00 40,000 - 49,999 33^06 25,520.00 50,000 - 99,999 26,000 27,500.00 100,000 - 199,999 26,700 29,370.00 200,000 - and p 299,999 28^00 31,460.00 300,000 - and up 38,500.00 (2) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census. Effective July lj 1983, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 $ 15,125.00 6,000 - 11,999 18,755.00 12,000 - 19,999 21,538.00 20,000 - 29,999 23,716.00 30,000 - 39,999 25,894.00 40,000 - 49,999 28,072.00 50,000 - 99,999 30,250.00 100,000 - 199,999 32,307.00 200.000 - 299,999 34,606.00 300,000 - and up 42,300.00 (b) (1) The amounts provided in subsection (a) of this Code section shall be increased by 5 percent for each four-year term of office served by any sheriff after December 31, 1976, and prior to July 1, 1982, effective July 1, 1982. (2) The amounts provided in subsection (a) of this Code section2 including any increases provided by paragraph (1) of this subsection, where applicable, shall be increased by 5 percent for each four-year term of office served by any sheriff, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term of sheriffs in office on July 1, 1070 1982, shall be counted for determining the appropriate salary under this Code section. (c) The minimum salaries provided for in this Code section shall be considered as salary only. Expenses for deputies, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a sheriffs office shall come from funds other than the funds specified as salary in this Code section. (d) This Code section shall not be construed to reduce the salary of any sheriff in office on July 1, 4979 1982. All local legislation in effect on July 1, 1971, or enacted thereafter affecting compensation for sheriffs of the various counties shall be of full force and effect except where the same provides for a salary lower than provided in this Code section, in which event this Code section shall prevail." Part 3 Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. TUESDAY, MARCH 16, 1982 2305 The following amendments were read and lost: Representatives Triplett of the 128th, Scott of the 123rd, and Hill of the 127th move to amend the Committee substitute to SB 528 by adding between lines 17 and 18 on page 2 the following: "200,000 - 249.000 29,600.00". By striking from line 18 of page 2 the following: "200,000", and inserting in lieu thereof the following: "250,000". By adding between lines 26 and 27 on page 4 the following: "200,000 - 249.000 29,400.00". By striking from line 27 on page 4 the following: "200,000", and inserting in lieu thereof the following: "250,000". By adding between lines 13 and 14 on page 5 the following: "200.000 - 249.000 30,460.00". By striking from line 14 on page 5 the following: "200,000", and inserting in lieu thereof the following: "250,000". Representative Miles of the 107th moves to amend the Committee substitute to SB 528 by adding on page 6, line 21, the following: "Section 5. On January 1, 1985 Section 1 providing minimum salaries for sheriffs, shall be repealed in its entirety and the county government shall have complete control over said salaries." And by renumbering Section 5 as Section 6. The following amendment was read and adopted: Representative Vaughn of the 57th moves to amend the Committee substitute to SB 528: "This Act shall not apply to any county that has a uniform salary schedule for elected county officials that is based on a percentage of the salary of the senior judge of the supe rior court serving said county." The following amendment was read and lost: Representatives Buck of the 95th, Cason of the 96th, Galer of the 97th, and others move to amend the Committee substitute to SB 528 by adding in Section 1, between lines 19 and 20 on page 2, a new paragraph to read as follows: 2306 JOURNAL OF THE HOUSE, "Notwithstanding any other provisions of law, the schedule provided in this section shall not apply to any sheriff of a consolidated government of this state. The sheriff of a consolidated government shall receive a minimum salary of $26,700.00." By adding in Section 3, between lines 15 and 16 on page 5, the following: "(3) Notwithstanding any other provisions of law, the schedules provided in para graphs (1) and (2) of this subsection shall not apply to any sheriff of a consolidated gov ernment of this state. The sheriff of a consolidated government shall receive a minimum salary of $26,700.00." The following amendment was read and adopted: Representative Burruss of the 21st moves to amend the Committee substitute to SB 528 by striking in their entirety lines 24 through 27 on page 1 and lines 1 through 4 on page 2, which read as follows: "Census of 1070 1980 or any future such census; provided, however, that, in the event any futwe aueh census is tess than its population according te -the United States Deccnnidi Census r i" i v~j *fte population opflCRCt under wnicn &ny sucn county IQIIS tot t.c and inserting in lieu thereof the following: "Census of 1970 1980 or any future such census; provided, however, that, in the event the population of a county according to the United States Decennial Census of 1980 or any future such census is less than its population according to the United States Decen nial Census of 1970, the population bracket under which any such county falls for the purposes of this Section shall be. determined according to the United States Decennial Census of 1970." By striking in their entirety lines 3 through 11 on page 4, which read as follows: "1970 1980 or any future such census; provided, however, that, in the event the popubrtien ef a eewrty according te the United States decennial eensas ef 4980 r -any -ftriwe sucn census ts 1699 tnftn rts popuIBtion According to tne u nitcd outtes decennicu census Or iv {Uj tiie popu1fltion OPflCttd under wnicn ctny sucti county ifliis tor tne purposes of and inserting in lieu thereof the following: "1970 1980 or any future such census; provided, however, that, in the event the popu lation of a county according to the United States decennial census of 1980 or any future such census is less than its population according to the United States decennial census of 1970, the population bracket under which any such county falls for the purposes of this Code section shall be determined according to the United States decennial census of 1970. Bach". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: TUESDAY, MARCH 16, 1982 2307 N Aaron Y Adams.G Y AdamsJ Y Adams.M Y Aiken Y Anderson Argo N Auten Y Balkcom N Bargeron Y Baugh Beal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss N Burton YByrd NCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks N Childers Y Childs Y Clark,B Clark.L Y Colbert Y Coleman Collins Y Colwell Y Connell Y Couch NCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Y Davis.B N Davis.J Y Dvis,L Dean YDent Y Diion NDobbs Y Dover Y Edwards Y Elliott N Evans N Felton Y Fortune N Foster Y Fuller.C N Galer Y Ginsberg Glover N Godbee Y Greer YHam Y Hamilton N Hanner Y Harris YHarrison Y Hasty N Hawkins YHays YHill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin Ylsakson Y Jackson.J Y Jackson.N Y Jackson,W Y Jessup N Johnson.G N Johnson,R Y Jones,B Y Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane,D NLane.R Y Lawson YLee YLogan YLong YLord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney N Miles Y Milford N Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNii Oliver Y Padgett YParham Y Patten Y Perry Peters Y Phillips,B Y Phillips,L.L N Phillips.R.T Y Phillips.W.R Y Pilewicz Y Pinkston Y Rainey N Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson NRose NRoss Y Rowland N Russell N Savage N Scott,A Y Scott,D Y Shepard N Sherrod N Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg YSwann N Thomas Y Thompson N Townsend N Triplett NTuten YTwiggs Y Vandiford Y Vaughn N Veazey N Waddle Y Walker Y Wall Y Ware N Watson White N Widener Y Williams.B.J Williams.H N Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, by substitute, as amended, the ayes were 128, nays 39. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 1363. By: Representative Galer of the 97th: A BILL to amend an Act establishing a State Board for the Certification of Librarians, to define certain terms; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1450. By: Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th, Ross of the 76th, Lee of the 72nd, and others: A BILL to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negli gence in tort cases, so as to provide for liability of parents and persons in loco parentis for damage to public school property willfully or maliciously caused by children; and for other purposes. The Speaker announced the House in recess until 1:15 o'clock, this afternoon. 2308 JOURNAL OF THE HOUSE, AFTERNOON SESSION The Speaker called the House to order. 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 Senate and has instructed me to report the same back to the House with the following recommendation: SB 712 Do Pass Respectfully submitted, Wilson of the 19th Chairman 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 1236. By: Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th, and Harris of the 8th: A BILL to make and provide appropriations for the fiscal year beginning July 1, 1982, and ending June 30, 1983; and for other purposes. The following Resolution of the House was read: HR 847. 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 at 5:00 P.M. on March 16, 1982, and reconvene at 10:00 A.M. on March 22, 1982. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams,J Adams.M Aiken Anderson Argo Y Auten Y Balkcom Bargeron Y Baugh Beal Y Beck Y Benefield Y Benn Birdsong Bishop Y Bolster Y Branch Bray Y Brooks Y Buck Y Burruss Burton Y Byrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Clark.L Y Colbert Y Coleman Y Collins Colwell Y Connell Couch Cox Y Crawford Crosby Y Culpepper Cummings Y Darden Daugherty Y Davis.B Y Davis.J Y Davis.L Y Dean Dent Dixon Dobbs TUESDAY, MARCH 16, 1982 Y Dover Edwards Y Elliott Evans Y Felton Y Fortune Foster Fuller.C YGaler Y Ginsberg Glover Godbee Greer Y Ham Y Hamilton Y Manner Harris Y Harrison Y Hasty Hawkins Y Hays Hill Y Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson.J Jackson.N Y Jackson, W Y Jessup Johnson.G Y Johnson.R Jones,B Y Jones.H Y Karrh Kemp Y Kilgore Lambert Lane.D Y Lane,R Y Lawson Y Lee Logan Long Y Lord Lowe Lucas Y Mangum Mann Y Marcus Martin Y Matthews McCoUum McDonald McKinney Miles Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Nicholson Y Nix Oliver Padgett Y Parham Patten Y Perry Peters Phillips.B Y Phillips.L.L Y Phillips,R.T Y Phillips.W.R Pilewicz Pinkston Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson Y Rose Y Ross Y Rowland Russell Savage Y Scott,A Scott,D Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Smyre Y Snow Y Steinberg On the adoption of the Resolution, the ayes were 98, nays 0. The Resolution was adopted. 2309 Swann Y Thomas Y Thompson Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Walker Y Wall Ware Watson White Y Widener Y Williams.B.J Williams.H Williams,R Y Wilson Y Wood,J Wood,J.T 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 House: HR 847. By: Representative Murphy of the 18th: A RESOLUTION relative to adjourn ment; and for other purposes. The following Resolution of the House was read and adopted: HR 848. By: Representatives Connell of the 87th, Dent of the 85th, Padgett of the 86th, Nicholson of the 88th, Cheeks of the 89th and Swann of the 90th: A RESOLU TION commending and contratulating the Crawford Avenue Baptist Church; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 470. By: Senators Thompson of the 32nd, Barnes of the 33rd and Stumbaugh of the 55th: A BILL to amend Code Section 26-3102, relating to capital offenses, jury verdicts and sentences, so as to provide that a person may be sentenced to life imprisonment without parole under certain conditions; to provide that life imprisonment without parole shall not be imposed unless at least one statutory aggravating circumstance is found by the jury; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Committee substitute was read: 2310 JOURNAL OF THE HOUSE, A BILL To amend Code Title 26, known as the "Criminal Code of Georgia," as amended, so as to change the punishment for murder; to provide that a person convicted of murder may be punished by life imprisonment without parole under certain conditions; to amend Code Section 27-2534.1, relating to mitigating and aggravating circumstances in connection with the imposition of the death penalty, so as to provide that the jury, if its verdict be a recommendation of life imprisonment without parole, shall designate in writing, signed by the foreman of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt; to provide that life imprisonment without parole shall not be imposed unless at least one statutory aggravating circumstance is found by the jury; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Title 26, known as the "Criminal Code of Georgia," as amended, is amended by striking subsection (c) of Code Section 26-1101 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: "(c) A person convicted of murder shall be punished by death or by life imprison ment without parole or by imprisonment for life." Section 2. Said Code title is further amended by striking Code Section 26-3102 in its entirety and inserting in lieu thereof a new Code Section 26-3102 to read as follows: "26-3102. Capital offenses; jury verdict and sentence, (a) Where, upon a trial by jury, a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless the jury verdict includes a finding of at least one stat utory aggravating circumstance and a recommendation that such sentence be imposed. Where a statutory aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. (b) Where, upon a trial by jury, a person is convicted of an offense which may be punishable by life imprisonment without parole, a sentence of life imprisonment without parole shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstance and a recommendation that such sentence be imposed. Where a statutory aggravating circumstance is found and a recommendation of life imprisonment without parole is made, the court shall sentence the defendant to life imprisonment without parole. (c) Where a sentence of death or life imprisonment without parole is not recom mended by the jury, the court shall sentence the defendant to imprisonment as provided by law. Unless the jury trying the case makes a finding of at least one statutory aggravating circumstance and recommends the death sentence or life imprisonment without parole in its verdict, the court shall not sentence the defendant to death or life imprisonment without parole, provided that no such finding of statutory aggravating cir cumstance shall be necessary in offenses of treason or aircraft hijacking. (d) The provisions of this section shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty." Section 3. Code Section 27-2534.1, relating to mitigating and aggravating circum stances in connection with the imposition of the death penalty, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 27-2534.1 to read as follows: "27-2534.1. Mitigating and aggravating circumstances; death penalty, (a) The death penalty may be imposed for the offenses of aircraft hijacking or treason, in any case. (b) In all cases of other offenses for which the death penalty or life imprisonment without parole may be authorized, the judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances or aggravating circumstances otherwise authorized by law and any of the following statutory aggravating circumstances which may be supported by the evidence: TUESDAY, MARCH 16, 1982 2311 (1) The offense of murder, rape, armed robbery, or kidnapping was committed by a person with a prior record of conviction for a capital felony; or the offense of murder was committed by a person who has a substantial history of serious assaultive criminal convictions. (2) The offense of murder, rape, armed robbery, or kidnapping was committed while the offender was engaged in the commission of another capital felony, or aggra vated battery, or the offense of murder was committed while the offender was engaged in the commission of burglary or arson in the first degree. (3) The offender by his act of murder, armed robbery, or kidnapping knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person. (4) The offender committed the offense of murder for himself or another, for the purpose of receiving money or any other thing of monetary value. (5) The murder of a judicial officer, former judicial officer, district attorney or solicitor or former district attorney or solicitor during or because of the exercise of his official duty. (6) The offender caused or directed another to commit murder or committed mur der as an agent or employee of another person. (7) The offense of murder, rape, armed robbery, or kidnapping was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim. (8) The offense of murder was committed against any peace officer, corrections employee or fireman while engaged in the performance of his official duties. (9) The offense of murder was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement. (10) The murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or custody in a place of lawful confinement, of himself or another. (c) The statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in charge and in writing to the jury for its deliberation. The jury, if its verdict be a recommendation of death or life imprisonment without parole, shall designate in writing, signed by the foreman of the jury, the aggravating circum stance or circumstances which it found beyond a reasonable doubt. In non-jury cases the judge shall make such designation. Except in cases of treason or aircraft hijacking, unless at least one of the statutory aggravating circumstances enumerated in section 27-2534.1(b) is so found, neither the death penalty nor life imprisonment without parole shall net be imposed." Part 2 Section 4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking subsection (d) of Code Section 16-5-1 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: "(d) A person convicted of the offense of murder shall be punished by death or by life imprisonment without parole or by imprisonment for life." Section 5. Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment, is amended by striking Code Section 17-10-30 in its entirety and inserting in lieu thereof a new Code Section 17-10-30 to read as follows: "17-10-30. (a) The death penalty may be imposed for the offenses of aircraft hijacking or treason in any case. (b) In all cases of other offenses for which the death penalty or life imprisonment without parole may be authorized, the judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances or aggravating circumstances otherwise authorized by law and any of the following statutory aggravating circumstances which may be supported by the evidence: (1) The offense of murder, rape, armed robbery, or kidnapping was committed by a person with a prior record of conviction for a capital felony; 2312 JOURNAL OF THE HOUSE, (2) The offense of murder, rape, armed robbery, or kidnapping was committed while the offender was engaged in the commission of another capital felony or aggra vated battery, or the offense of murder was committed while the offender was engaged in the commission of burglary or arson in the first degree; (3) The offender, by his act of murder, armed robbery, or kidnapping, knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person; (4) The offender committed the offense of murder for himself or another, for the purpose of receiving money or any other thing of monetary value; (5) The murder of a judicial officer, former judicial officer, district attorney or solicitor, or former district attorney or solicitor was committed during or because of the exercise of his official duties; (6) The offender caused or directed another to commit murder or committed mur der as an agent or employee of another person; (7) The offense of murder, rape, armed robbery, or kidnapping was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim; (8) The offense of murder was committed against any peace officer, corrections employee, or fireman while engaged in the performance of his official duties; (9) The offense of murder was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement; or (10) The murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or custody in a place of lawful confinement, of himself or another. (c) The statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in charge and in writing to the jury for its deliberation. The jury, if its verdict is a recommendation of death or life imprisonment without parole, shall designate in writing, signed by the foreman of the jury, the aggravating circum stance or circumstances which it found beyond a reasonable doubt. In nonjury cases the judge shall make such designation. Except in cases of treason or aircraft hijacking, unless at least one of the statutory aggravating circumstances enumerated in subsection (b) of this Code section is so found, neither the death penalty nor life imprisonment without parole shall et be imposed." Section 6. Said chapter is further amended by striking Code Section 17-10-31 in its entirety and inserting in lieu thereof a new Code Section 17-10-31 to read as follows: "17-10-31. (a) Where, upon a trial by jury, a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstance and a rec ommendation that such sentence be imposed. Where a statutory aggravating circum stance is found and a recommendation of death is made, the court shall sentence the defendant to death. (b) Where, upon a trial by jury, a person is convicted of an offense which may be punishable by life imprisonment without parole, a sentence of life imprisonment without parole shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstance and a recommendation that such sentence be imposed. Where a statutory aggravating circumstance js found and a recommendation of life imprisonment without parole is made, the court shall sentence the defendant to life imprisonment without parole. (c) Where a sentence of death or life imprisonment without parole is not recom mended by the jury, the court shall sentence the defendant to imprisonment as provided by law. Unless the jury trying the case makes a finding of at least one statutory aggravating circumstance and recommends the death sentence or life imprisonment without parole in its verdict, the court shall not sentence the defendant to death or life imprisonment without parole, provided that no such finding of statutory aggravating cir cumstance shall be necessary in offenses of treason or aircraft hijacking. TUESDAY, MARCH 16, 1982 2313 (d) This Code section shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty." Parts Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. The following amendments were read and lost: Representative Davis of the 124th moves to amend the Committee substitute to SB 470 by deleting Section 6 (b) and Section 2 (b), and deleting from the caption the words "so as to provide that" on page 1, line 7; and all of lines 8-13, and on line 14 the words "aggravating circumstance is found by jury." And by renumbering all sections accordingly. Representative Davis of the 99th moves to amend the Committee substitute to SB 470 by deleting all of Section 7 of this Act and inserting the following in lieu thereof: "Section 7. This Act shall become effective when the Constitution of the State of Georgia has been amended so as to prevent the State Board of Pardon and Parole from releasing a person who has been sentenced to life without parole." Representatives Widener of the 44th and Davis of the 45th move to amend the Com mittee substitute to SB 470 by adding on page 9, line 18 a new Section 8 to read as fol lows: "Section 8. It is the express intent of this Act to provide an additional option in insuring that the penalty imposed is commensurate with the crime committed. To insure that this Act meets this intent rather than eliminating the imposition of the death penalty, this Act shall be repealed in its entirety on June 30, 1985, unless re-enacted into law." And by renumbering "Section 8" as "Section 9". An amendment, offered by Representative Thompson of the 19th, was read and with drawn. The following amendment was read and adopted: Representative Vaughn of the 57th moves to amend the Committee substitute to SB 470 as follows: Part 3 is renumbered to become Part 4 and a new Part 3 is added to read as follows: "Should the presiding judge accept a plea of guilty to murder, he shall have same authority to sentence the person in same manner as if he had been found guilty by a jury except the sentence of death." Representative Lawson of the 9th moved that the House reconsider its action in adopting the Vaughn amendment to the Committee substitute to SB 470. The motion prevailed. 2314 JOURNAL OF THE HOUSE, On the re-adoption of the Vaughn amendment, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G N Adams.J N Adams,M N Aiken N Anderson Argo N Auten NBalkcom N Bargeron YBaugh Beal YBeck N Benefield YBenn N Birdsong N Bishop Y Bolster Y Branch YBray Y Brooks NBuck Burruss N Burton YByrd NCason Y Castleberry N Chamberlin Y Chambless N Chance N Cheeks Y Childere YChilds Y Clark.B Clark,L N Colbert Y Coleman Collins Y Colwell Y Connell Y Couch COT N Crawford N Crosby Y Culpepper Y Cummings N Darden N Daugherty N Davis.B N Davis.J Y Davis,L YDean NDent Y Dixon NDobbs N Dover Y Edwards N Elliott N Evans N Felton Y Fortune N Foster N Fuller.C NGaler N Ginsberg Y Glover N Godbee Greer YHam Y Hamilton Y Manner Harris N Harrison N Hasty Y Hawkins YHays Hill Y Holmes N Hooks N Home N Hutchinson Nlrvin N Isakson N Jackson,J N Jackson.N Y Jackson.W N Jessup Y Johnson.G N Johnson.R N Jones.B N Jones.H NKarrh NKemp N Kilgore N Lambert N Lane,D NLane.R N Lawson NLee N Logan NLong NLord YLowe Y Lucas N Mangum NMann Y Marcus N Martin Y Matthews N McCollum Y McDonald McKinney N Miles N Milford N Montgomery Y Moody Y Moore Y Mostiler N Mullinax N Ntcholson NNix Oliver N Padgett YParham N Patten Y Perry Y Peters N Phillips.B Y Phillips.L.L N Phillips,R.T Phillips,W.R N Pilewicz Y Pinkston YRainey N Ralston N Ramsey Y Randall Y Reaves Y Richardson Y Robinson NRose NRoss Y Rowland Y Russell Y Savage Y Scott,A Y Scott,D N Shepard Y Sherrod N Sizemore Y Smith.T Smith.V YSmyre Snow Y Steinberg NSwann N Thomas N Thompson N Townsend Y Triplett NTuten NTwiggs Y Vandiford Y Vaughn Y Veazey N Waddle N Walker N Wall NWare N Watson White N Widener N Williams,BJ Williaros.H N Williams.R Y Wilson NWood,J N Wood,J.T N Workman Speaker Murphy On the re-adoption of the Vaughn amendment, the ayes were 67, nays 96. The amendment was lost. The following amendment was read and adopted: Representative Pilewicz of the 41st moves to amend the Committee substitute to SB 470 as follows: Add a new section designated Section 7 to read as follows: "Section 7. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional." And renumber Sections 7 & 8 as Sections 9 & 10. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. TUESDAY, MARCH 16, 1982 2315 On the passage of the Bill, by substitute, as amended, 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 Argo YAuten Y Balkcom Y Bargeron YBaugh Beal YBeck Y Benefield YBenn Y Birdsong N Bishop Y Bolster Y Branch YBray N Brooks YBuck Y Burruss Y Burton YByrd NCason Y Castleberry Y Chamberlin N Chambless Y Chance Y Cheeks Y Childers N Childs Y Clark,B Clark.L Y Colbert Y Coleman N Collins N Colwell Y Connell N Couch NCoi Y Crawford Y Crosby Y Culpepper Y Cummings YDarden N Daugherty N Davis.B Y Davis,J Y Davis,L NDean Dent Y Diion NDobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster N Fuller.C YGaler N Ginsberg N Glover YGodbee Greer YHam N Hamilton Y Manner Harris Y Harrison Y Hasty Y Hawkins NHays Hill N Holmes Y Hooks YHome Y Hutchinson Ylrvin Ylsakson Y Jackson.J Y Jackson.N Y Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones.B Y Jones.H NKarrh YKemp Y Kilgore N Lambert YLane,D YLane,R Y Lawson YLee YLogan NLong YLord YLowe N Lucas Y Mangum YMann N Marcus Y Martin Y Matthews N McCollum N McDonald McKinney Y Miles Y Milford N Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YN Oliver Y Padgett YParham N Patten Y Perry Y Peters Y Phillips.B N Phillips,L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Y Pinkston YRainey Y Ralston Y Ramsey NRandall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland N Russell Y Savage N Scott,A N Scott,D Y Shepard YSherrod Y Sizemore Y Smith,T Smith.V YSmyre YSnow Y Steinberg N Swann Y Thomas Y Thompson N Townsend Y Triplett YTuten YTwiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall N Ware Y Watson White Y Widener Y Williams.B.J Williams.H Y Williams,R Y Wilson YWood,J Y Wood,J.T N Workman Speaker Murphy On the passage of the Bill, by substitute, as amended, the ayes were 130, nays 37. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. Representative Ginsberg of the 122nd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 470, by substitute, as amended. The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitute thereto: HB 1426. By: Representative Ham of the 80th: A BILL to amend Code Chapter 47-1, relating to the General Assembly, so as to change the composition of certain state representative districts; to provide for incorporation of the provisions of corporation of the provisions of this Act into the Official Code of Georgia Anno tated; and for other purposes. The following Senate amendment was read: Amend HB 1426 by striking from line 15 of page 1 the following: "77,", and inserting in lieu thereof the following: "77, 81,". 2316 JOURNAL OF THE HOUSE, By striking the description of District No. 77 and inserting new descriptions of Dis tricts No. 77 and 81 to read as follows: '"District No. 77 - 1 Representative Coweta Tract 9906 That part of Block 512 within GMD 693 Tract 9907 Those parts of Block 122 within GMD's 693 and 1139 Those parts of Blocks 123 and 146 within GMD 1139 Those parts of Blocks 201 through 203 within GMD 693 Blocks 204 and 205 That part of Block 206 within GMD 693 Blocks 207 through 220 Those parts of Block 221 within GMD's 693 and 1139 Blocks 222 through 231 Block Group 3 Those parts of Blocks 408 through 410 within GMD 1139 Block 411 That part of Block 427 within GMD 1139 Block 428 That part of Block 429 within GMD 1139 Heard Troup Tract 9901 Tract 9902 Block Group 1 Blocks 201 through 233 Those parts of Blocks 234 through 236 outside the City of LaGrange Blocks 237 and 238 Those parts of Blocks 239 and 240 outside the City of LaGrange Block 241 Tract 9903 Blocks 101 through 111 and 114 through 117 Those parts of Blocks 118 and 119 outside the City of LaGrange Block 120 Those parts of Blocks 135 and 136 outside the City of LaGrange Blocks 159 and 160 That part of Block 201 outside the City of LaGrange Those parts of Blocks 305 and 308 outside the City of LaGrange Blocks 309 through 331 Block Group 4 TUESDAY, MARCH 16, 1982 2317 Tract 9904 Those parts of Blocks 101 through 103 within the City of Mountville Blocks 104 through 110 Those parts of Blocks 112 and 113 outside the City of LaGrange Blocks 114 through 120 Those parts of Blocks 201 and 202 outside the City of LaGrange Block 203 That part of Block 204 outside the City of LaGrange Those parts of Blocks 304 through 307 outside the City of LaGrange Tract 9906 Blocks 101 through 145 That part of Block 146 outside the City of LaGrange Block 147 Those parts of Blocks 148 and 150 outside the City of LaGrange Block 201 That part of Block 202 outside the City of LaGrange Blocks 203, 204, 206 through 213, and 224 through 230 Block Group 3 Tract 9908 Blocks 101 through 108, 112 through 127, 144 through 153, 155, 156, 164, and 201 through 203 Those parts of Blocks 204 and 205 within the City of West Point Block Groups 3 through 5' 'District No. 81-1 Representative Troup Tract 9902 Those parts of Blocks 234 through 236, 239, and 240 within the City of LaGrange Block Groups 3 and 4 Tract 9903 Those parts of Blocks 118 and 119 within the City of LaGrange Blocks 121 through 134 Those parts of Blocks 135 and 136 within the City of LaGrange Blocks 137 through 149 That part of Block 201 inside the City of LaGrange Blocks 202 through 250 Blocks 301 through 303 Those parts of Blocks 305 and 308 within the City of LaGrange Tract 9904 Those parts of Blocks 101 through 103 2318 JOURNAL OF THE HOUSE, outside the City of Mountville Blocks 121 through 135 Those parts of Blocks 201, 202, and 204 within the City of LaGrange Blocks 205 and 207 through 252 Blocks 301 through 303 Those parts of Blocks 304 through 307 inside the City of LaGrange Blocks 308 through 332 Tract 9905 Tract 9906 Those parts of Blocks 146 and 148 within the City of LaGrange Block 149 That part of Block 150 within the City of LaGrange That part of Block 202 within the City of LaGrange Blocks 231 through 242 Block Groups 4 and 5 Tract 9907 Tract 9908 Blocks 109 through 111 and 128 through 143 Those parts of Blocks 204 and 205 outside the City of West Point Blocks 206 through 218'" Representative Wilson of the 19th moved that the House agree to the Senate amend ment to HB 1426. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams.J Y Adams.M Y Aiken Y Andersen Argo Y Auten Y Balkcom Y Bargeron YBaugh Beal YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Branch YBray Y Brooks Buck Y Burruss Y Burton YByrd YCason 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 YCoi Y Crawford Y Crosby Culpepper Y Cummings Y Darden Y Daugherty Y Davis,B Y Davis,J Y Davis.L NDean YDent Y Diion YDobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Gins berg Y Glover YGodbee Greer YHam Y Hamilton Manner Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin 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 Y Karrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane,R Y Lawson YLee YLogan Long YLord NLowe Lucas Y Mangum Y Mann Y Marcus Y Martin Y Matthews N McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Y Scott,A Y Scott,D N Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplet! YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey TUESDAY, MARCH 16, 1982 2319 Y Waddle Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.BJ Williams,H Y WilIiams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the motion, the ayes were 149, nays 5. The motion prevailed. HB 1236. By: Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th, and Harris of the 8th: A BILL to make and provide appropriations for the fiscal year beginning July 1, 1982, and ending June 30, 1983; and for other purposes. The following Senate substitute was read: A BILL To make and provide appropriations for the State fiscal year beginning July 1, 1982, and ending June 30, 1983; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings autho rized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: That the sums of money hereinafter provided are appropriated for the State fiscal year beginning July 1, 1982, and ending June 30, 1983, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and a reve nue estimate of $3,732,000,000 for State fiscal year 1983. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch ........................................................................$ 16,030.892 Operations .............................................................................................................$ 16,030,892 Total Funds Budgeted ........................................................................................$ 16,030,892 State Funds Budgeted.........................................................................................! 16,030,892 Budget Unit Object Classes: Operations.............................................................................................................! 16,030,892 For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legislative Counsel and the Office of Legislative Budget Analyst; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the 2320 JOURNAL OF THE HOUSE, annual report of the State Auditor to the General Assembly; for equipment, supplies, fur nishings, repairs, printing, services and other expenses of the Legislative Branch of Gov ernment; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appro priations. Provided, however, that none of the above appropriation is to be used for the operation of the Georgia Education Improvement Council. Section 2. Department of Audits. Budget Unit: Department of Audits ....................................................................$ 5,430.363 1. Operations..........................................................................................................$ 5,080,363 Total Funds Budgeted ..........................................................................................$ 5,080,363 State Funds Budgeted...........................................................................................! 5,080,363 2. Tax Ratio Study...................................................................................................$ 350,000 Total Funds Budgeted .............................................................................................$ 350,000 State Funds Budgeted..............................................................................................$ 350,000 Budget Unit Object Classes: Operations.............................................................................................................-.$ 5,080,363 Tax Ratio Study........................................................................................................$ 350,000 Authorized Motor Vehicles 28 Total Positions Budgeted 150 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court ................................................................................| 2,345,625 For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allo cated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-481 (Code Sections 17-12-60 through 17-12-62). Provided, however, that the sum of $10,500 shall be allocated for the cost of Georgia's pro rata share for the operation of the National Center for State Courts. Total Positions Budgeted 59 Section 4. Superior Courts. Budget Unit: Superior Courts .............................................................................$ 18,967,568 For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' salaries, contingent expense allowances authorized by law, the payment of mile age authorized by law and such other salaries and expenses as may be authorized by law. TUESDAY, MARCH 16, 1982 2321 For payment of salaries, the payment of mileage and other expenses as may be autho rized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus. For the cost of operating the Judge Sentence Review Panel as created by 1974 Georgia Laws, p. 358 (Code Section 17-10-6). Provided, however, that the listed appropriation shall be increased by the amount of $27,078 per annum for each additional Judge Emeritus position established during the fis cal year, and by the amount of $17,000 per annum for each additional District Attorney Emeritus position established during the fiscal year. Provided, further, that the listed appropriation shall be increased by the amount of $97,000 per annum for each judgeship created by law during the 1982 session of the Gen eral Assembly. Provided, that of the above appropriation relating to Superior Courts, $428,670 is desig nated and committed for the Prosecuting Attorneys' Council for operations and $90,190 is designated and committed for the Sentence Review Panel, and $-0- is designated and com mitted for the Probation Advisory Council. Provided, however, of the above appropriation $10,000 is designated and committed to permit Judges with less than five years of experience to attend the Judicial College. Total Positions Budgeted 458 Section 5. Court of Appeals. Budget Unit: Court of Appeals .............................................................................$ 2,565,995 For the cost of operating the State Court of Appeals, including salaries and retirement contributions of judges and employees of the Court and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Total Positions Budgeted 54 Section 6. Administrative Office of the Courts. Budget Unit: Administrative Office of the Courts ..................................................................................................$ 793,791 Administrative Office of the Courts......................................................................................................................? 575,238 Institute for Continuing Judicial Education ................................................................................................$ 218,553 Total Funds Budgeted .............................................................................................$ 793,791 State Funds Budgeted..............................................................................................? 793,791 Total Positions Budgeted 20 For the cost of operating the Administrative Office of the Courts and for the cost of operating the Institute for Continuing Judicial Education. Section 7. Appellate Court Reports. Budget Unit: Court Reports .....................................................................................$ 190,000 For the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks and others as required by Code Chapter 90-2. Total Positions Budgeted 0 Section 8. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ......................................................................................................$ 45,788 2322 JOURNAL OF THE HOUSE, For the cost of operating the Judicial Qualifications Commission. Total Positions Budgeted 0 Section 9. Board of Court Reporting. Budget Unit: ....................................................................................................................$ 14,821 For the cost of operating the Board of Court Reporting. Total Positions Budgeted 1 Section 10. Council of Juvenile Court Judges. Budget Unit: ..................................................................................................................$ 102,508 For the cost of operating the Council of Juvenile Court Judges. Total Positions Budgeted 3 Section 11. Georgia Justice Courts Training Council. Budget Unit: ....................................................................................................................$ 13,970 For the cost of operating the Georgia Justice Courts Training Council. Total Positions Budgeted 0 Section 12. Georgia Judicial Administrative Districts. Budget Unit: ..................................................................................................................$ 547,398 For the cost of operating the Georgia Judicial Administrative Districts. Total Positions Budgeted 20 PART III. EXECUTIVE BRANCH Section 13. Department of Administrative Services. A. Budget Unit: Department of Administrative Services.............................................................................$ 10,504,500 1. State Properties Commission Budget: Personal Services.......................................................................................................$ 211,777 Regular Operating Expenses .......................................................................................$ 8,488 Travel..............................................................................................................................$ 3,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing...............................................................................................$ 200 Equipment Purchases.......................................................................................................$ -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals ....................................................................................................$ 12,516 Telecommunications.....................................................................................................! 3,600 Per Diem, Fees and Contracts..................................................................................! 15,000 Total Funds Budgeted .............................................................................................$ 254,581 State Funds Budgeted..............................................................................................! 252,036 Total Positions Budgeted 6 2. Departmental Administration Budget: Personal Services....................................................................................................! 1,025,000 Regular Operating Expenses ...................................................................................$ 152,447 Travel.............................................................................................................................-! 8,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- TUESDAY, MARCH 16, 1982 2323 Publications and Printing............................................................................................$ 6,500 Equipment Purchases...................................................................................................! 1,335 Computer Charges......................................................................................................--.--! -0- Real Estate Rentals....................................................................................................! 47,817 Telecommunications...................................................................................................! 15,949 Per Diem, Fees and Contracts........................................................................................! -0- Direct Payments to Georgia Building Authority for Capital Outlay.................................................................................................-! 1,001,792 Direct Payments to Georgia Building Authority for Operations......................................................................................................................! -0- Direct Payments to Georgia Building Authority for Floyd Buildings Operations..............................................................................! 1,200,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals......................................................................................| 850,000 Total Funds Budgeted ..........................................................................................$ 4,308,840 State Funds Budgeted...........................................................................................! 4,291,285 Total Positions Budgeted 41 3. Treasury and Fiscal Administration Budget: Personal Services.......................................................................................................! 801,055 Regular Operating Expenses .....................................................................................$ 83,103 Travel..............................................................................................................................! 6,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing..........................................................................................! 12,800 Equipment Purchases...................................................................................................! 1,000 Computer Charges.................................................................................................! 4,662,500 Real Estate Rentals ....................................................................................................$ 27,851 Telecommunications...................................................................................................! 12,510 Per Diem, Fees and Contracts........................................................................................! -0- State Liability Self-Insurance Reserve............................................................................................................................! -0- Public Safety Officers Indemnification Fund...........................................................................................! 608,800 Total Funds Budgeted ..........................................................................................! 6,215,619 State Funds Budgeted...........................................................................................! 3,894,670 Total Positions Budgeted 30 4. Central Supply Administration Budget: Personal Services.......................................................................................................! 232,230 Regular Operating Expenses ...................................................................................$ 155,522 Travel.................................................................................................................................! 750 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing............................................................................................! 7,300 Equipment Purchases...................................................................................................! 1,400 Computer Charges.............................................................................................................! -0Real Estate Rentals....................................................................................................! 61,179 Telecommunications.....................................................................................................! 5,355 Per Diem, Fees and Contracts....................................................................................! 1,000 Materials for Resale...............................................................................................! 5,400,000 Utilities....................................................................................................................----....! ^ Total Funds Budgeted ..........................................................................................$ 5,864,736 2324 JOURNAL OF THE HOUSE, Total Expenditures Authorized ...........................................................................$ 5,860,089 State Funds Budgetcd......................................................................................................$ -0- Total Positions Budgeted 15 5. Procurement Administration Budget: Personal Services....................................................................................................$ 1,175,033 Regular Operating Expenses ...................................................................................$ 115,023 Travel..............................................................................................................................$ 7,250 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 29,000 Equipment Purchases...................................................................................................$ 1,447 Computer Charges ....................................................................................................$ 229,600 Real Estate Rentals ....................................................................................................$ 56,502 Telecommunications...................................................................................................! 34,500 Per Diem, Fees and Contracts ........................................................................................! -0- Total Funds Budgeted ..........................................................................................$ 1,648,355 State Funds Budgeted...........................................................................................! 1,636,325 Total Positions Budgeted 52 6. General Services Administration Budget: Personal Services.......................................................................................................$ 289,000 Regular Operating Expenses .....................................................................................$ 11,160 Travel..............................................................................................................................! 5,800 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 2,500 Equipment Purchases......................................................................................................! 150 Computer Charges ......................................................................................................$ 18,000 Real Estate Rentals....................................................................................................! 12,165 Telecommunications...................................................................................................! 24,424 Per Diem, Fees and Contracts........................................................................................! -0- Total Funds Budgeted .............................................................................................$ 363,199 Total Expenditures Authorized..............................................................................! 359,568 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 13 7. Space Management Administration Budget: Personal Services.......................................................................................................! 255,000 Regular Operating Expenses .......................................................................................$ 6,120 Travel..............................................................................................................................! 1,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing...............................................................................................! 400 Equipment Purchases......................................................................................................! 900 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 17,999 Telecommunications.....................................................................................................! 6,230 Per Diem, Fees and Contracts........................................................................................! -0- Materials for Resale..........................................................................................................! -0- Total Funds Budgeted.............................................................................................! 288,149 State Funds Budgeted..............................................................................................! 285,268 Total Positions Budgeted 11 8. Data Processing Services Budget: Personal Services..................................................................................................! 15,789,960 Regular Operating Expenses................................................................................! 1,363,800 Travel............................................................................................................................! 60,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- TUESDAY, MARCH 16, 1982 2325 Publications and Printing.........................-..............................................-.................! 230,800 Equipment Purchases........................................................................................-.........! 53,360 Computer Charges....................................................................................................! 280,000 Rents and Maintenance Expense......................................................................! 12,431,623 Real Estate Rentals...............................................................................................! 1,024,536 Telecommunications.................................................................................................! 309,543 Payments to DOAS Fiscal Administration....................................................................................................! 2,270,8% Per Diem, Fees and Contracts................................................................................! 820,800 Total Funds Budgeted........................................................................................! 34,635,318 Total Expenditures Authorized.........................................................................! 34,311,674 State Funds Budgeted.......................................................................................................! 10 Total Positions Budgeted 666 9. Motor Pool Services Budget: Personal Services.......................................................................................................! 365,198 Regular Operating Expenses ................................................................................$ 1,542,990 Travel..................................................................................................................................! -0- Motor Vehicle Equipment Purchases...................................................................-! 235,000 Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 8,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals.........................................................................................................! 720 Telecommunications.........................................................................................................! -0- Per Diem, Fees and Contracts........................................................................................! -0- Total Funds Budgeted ..........................................................................................$ 2,151,908 Total Expenditures Authorized ...........................................................................$ 2,130,389 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 23 10. Communication Services Budget: Personal Services....................................................................................................! 2,303,566 Regular Operating Expenses ...................................................................................$ 376,405 Travel............................................................................................................................! 11,000 Motor Vehicle Equipment Purchases..................................................................................................................! 50,600 Publications and Printing..........................................................................................! 59,000 Equipment Purchases.................................................................................................! 21,380 Computer Charges....................................................................................................! 128,044 Real Estate Rentals....................................................................................................! 57,503 Telecommunications........................................................................................................! 385 Per Diem, Fees and Contracts....................................................................................! 5,000 Telephone Billings...............................................................................................! 24,000,000 Total Funds Budgeted........................................................................................! 27,012,883 Total Expenditures Authorized .........................................................................$ 26,982,755 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 106 11. Printing Services Budget: Personal Services....................................................................................................! 1,333,629 Regular Operating Expenses................................................................................! 1,677,184 Travel..................................................................................................................................! -0Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing................................................................................................! -0Equipment Purchases.................................................................................................! 50,000 Computer Charges.............................................................................................................! -0Real Estate Rentals..................................................................................................! 128,170 Telecommunications.........................................................................................................! -0- 2326 JOURNAL OF THE HOUSE, Materials for Resale..................................................................................................! 400,000 Per Diem, Fees and Contracts ........................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 3,588,983 Total Expenditures Authorized ...........................................................................$ 3,557,094 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 71 12. Surplus Property Services Budget: Personal Services.......................................................................................................! 713,413 Regular Operating Expenses ...................................................................................$ 261,060 Travel............................................................................................................................! 25,300 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 7,400 Computer Charges........................................................................................................! 2,200 Real Estate Rentals......................................................................................................$ 6,000 Telecommunications...................................................................................................! 13,170 Materials for Resale....................................................................................................! 25,000 Per Diem, Fees and Contracts..................................................................................! 12,000 Utilities.........................................................................................................................! 23,980 Total Funds Budgeted..........................................................................................! 1,089,523 State Funds Budgeted..............................................................................................! 144,906 Total Positions Budgeted 44 13. Mail and Courier Services Budget: Personal Services.......................................................................................................! 147,757 Regular Operating Expenses...................................................................................$ 122,254 Travel..................................................................................................................................! -0- Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 2,239 Telecommunications.........................................................................................................! -0- Materials for Resale..........................................................................................................! -0- Per Diem, Fees and Contracts........................................................................................! -0- Total Funds Budgeted.............................................................................................! 272,250 Total Expenditures Authorized..............................................................................! 269,528 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 10 14. Self-Insurance Services Budget: Personal Services.......................................................................................................! 508,423 Regular Operating Expenses ...................................................................................,,! 21,000 Travel............................................................................................................................! 24,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 2,500 Equipment Purchases......................................................................................................! 900 Computer Charges......................................................................................................! 60,000 Real Estate Rentals....................................................................................................! 26,227 Telecommunications.....................................................................................................! 9,179 Materials for Resale..........................................................................................................! -0- Per Diem, Fees and Contracts..................................................................................! 20,000 Total Funds Budgeted ...........................................................................................,,! 672,729 Total Expenditures Authorized..............................................................................! 666,002 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 22 TUESDAY, MARCH 16, 1982 2327 Budget Unit Object Classes: Personal Services..................................................................................................? 25,151,041 Regular Operating Expenses ................................................................................$ 5,896,556 Travel..........................................................................................................................$ 153,100 Motor Vehicle Equipment Purchases.............................,..................................................................................? 285,600 Publications and Printing........................................................................................? 351,000 Equipment Purchases...............................................................................................? 147,272 Computer Charges.................................................................................................? 5,380,344 Real Estate Rentals...............................................................................................? 1,481,424 Telecommunications.................................................................................................? 434,845 Per Diem, Fees and Contracts................................................................................? 873,800 Rents and Maintenance Expense......................................................................? 12,431,623 Utilities.........................................................................................................................? 23,980 Payments to DOAS Fiscal Administration....................................................................................................? 2,270,896 Direct Payments to Georgia Building Authority for Operations......................................................................................................................? -0- Direct Payments to Georgia Building Authority for Capital Outlay....................................................................................................? 1,001,792 Direct Payments to Georgia Building Authority for Authority Lease Rentals......................................................................................? 850,000 Direct Payments to Georgia Building Authority for Floyd Buildings Operations..............................................................................? 1,200,000 State Liability Self-Insurance Reserve............................................................................................................................? -0- Telephone Billings...............................................................................................? 24,000,000 Materials for Resale...............................................................................................? 5,825,000 Public Safety Officers Indemnity Fund....................................................................................................? 608,800 Total Positions Budgeted 1,110 Authorized Motor Vehicles 284 It is the intent of this General Assembly that the Office of Planning and Budget and all other agencies of State government utilize federal funds wherever possible in connec tion with Workers' Compensation and Unemployment Compensation payments, and that no such payments shall be made to or on behalf of anyone other than bona fide State employees. It is the intent of this General Assembly that income to the Department of Administra tive Services from user agencies shall not exceed the maximum amounts listed below for each service activity: General Services............................................................................................................? 359,568 Data Processing Service..........................................................................................? 34,311,664 Motor Pool Service....................................................................................................? 2,130,389 Communication Services.........................................................................................? 26,982,755 Printing Services........................................................................................................? 3,557,094 Total...........................................................................................................................? 67,341,470 except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropri ate object class or classes of user agency or agencies for which the Department provides service. Provided further, the State Auditor shall report any exceptions or violations of this intent in the annual financial audit of the Department of Administrative Services. 2328 JOURNAL OF THE HOUSE, Provided, it is the intent of this General Assembly that the Department shall not pur chase, lease, or lease-purchase any additional computer hardware other than that which is authorized in this appropriations Act, unless funds are available for this purpose in the user agencies. Provided, however, the Department is authorized to construct from available funds a surplus property storage facility adjacent to the current facility in Swainsboro, the cost not to exceed $22,000. B. Budget Unit: Georgia Building Authority.............................................................................................................$ -0- Georgia Building Authority Budget: Personal Services..................................................................................................? 10,391,527 Regular Operating Expenses ................................................................................$ 2,771,582 Travel..............................................................................................................................$ 4,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing..........................................................................,...............! 32,000 Equipment Purchases...............................................................................................? 110,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 60,000 Per Diem, Fees and Contracts................................................................................! 115,000 Capital Outlay........................................................................................................! 1,001,792 Authority Lease Rentals .......................................................................................$ 1,039,500 Utilities....................................................................................................................! 4,700,000 Facilities Renovations and Repairs....................................................................................................................! -0- Total Funds Budgeted ........................................................................................$ 20,225,401 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 507 Budget Unit Object Classes: Personal Services..................................................................................................! 10,391,527 Regular Operating Expenses ................................................................................$ 2,771,582 Travel..............................................................................................................................! 4,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing..........................................................................................! 32,000 Equipment Purchases...............................................................................................! 110,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications"...................................................................................................$ 60,000 Per Diem, Fees and Contracts................................................................................! 115,000 Capital Outlay ........................................................................................................$ 1,001,792 Authority Lease Rentals .......................................................................................$ 1,039,500 Utilities....................................................................................................................! 4,700,000 Facilities Renovations and Repairs....................................................................................................................! -0- Total Positions Budgeted 507 Authorized Motor Vehicles 39 The Authority is authorized to increase the amount budgeted for Facilities Renovations and Repairs by such amounts as are approved for other Agencies or Authorities of the State by the Office of Planning and Budget, and by such amounts as are received from other sources for renovations or repairs. Section 14. Department of Agriculture. A. Budget Unit: Department of Agriculture...................................................................................................! 22,124,919 TUESDAY, MARCH 16, 1982 2329 1. Plant Industry Budget: Personal Services....................................................................................................$ 3,469,800 Regular Operating Expenses ...................................................................................$ 303,871 Travel..........................................................................................................................! 103,715 Motor Vehicle Equipment Purchases ......................................................................$ 57,800 Publications and Printing..........................................................................................! 28,000 Equipment Purchases...........................................................................,.....................! 70,610 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 2,553 Telecommunications...................................................................................................! 42,381 Per Diem, Fees and Contracts....................................................................................! 1,300 Total Funds Budgeted ..........................................................................................$ 4,080,030 State Funds Budgeted...........................................................................................! 3,530,505 Total Positions Budgeted 185 2. Animal Industry Budget: Personal Services....................................................................................................! 1,160,800 Regular Operating Expenses...................................................................................$ 118,480 Travel............................................................................................................................! 43,500 Motor Vehicle Equipment Purchases......................................................................! 43,500 Publications and Printing..........................................................................................! 10,800 Equipment Purchases...................................................................................................! 3,700 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 46,563 Per Diem, Fees and Contracts..................................................................................! 75,000 Athens Veterinary Laboratory Contract ..................................................................................................................$ 434,550 Tifton Veterinary Laboratory Contract..................................................................................................................! 796,400 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston, Statesboro and Tifton ..........................................................................................$ 955,000 Veterinary Fees .........................................................................................................$ 525,000 Indemnities..................................................................................................................! 75,000 Capital Outlay...................................................................................................................! ^ Total Funds Budgeted ..........................................................................................$ 4,288,293 State Funds Budgeted....................................................................................,......! 3,919,779 Total Positions Budgeted 56 3. Marketing Budget: Personal Services.......................................................................................................! 878,700 Regular Operating Expenses ...................................................................................$ 137,440 Travel...........................................................................................................................-! 53,000 Motor Vehicle Equipment Purchases........................................................................! 7,250 Publications and Printing.........................................................................................-! 19,980 Equipment Purchases...................................................................................................! 9,275 Computer Charges.............................................................................................................! -0Real Estate Rentals..........................................................................................................! -0Telecommunications...................................................................................................! 38,250 Per Diem, Fees and Contracts..................................................................................! 33,000 Advertising...................................................................................................................! 55,000 Major Repairs and Maintenance Projects at Major and Minor Markets.....................................................................................................................! 95,000 Total Funds Budgeted ........,,................................................................................! 1,326,895 2330 JOURNAL OF THE HOUSE, State Funds Budgeted...........................................................................................! 1,309,090 Total Positions Budgeted 42 4. Major Markets Budget: Personal Services....................................................................................................! 1,839,500 Regular Operating Expenses ...................................................................................$ 751,045 Travel............................................................................................................................! 10,050 Motor Vehicle Equipment Purchases......................................................................! 23,100 Publications and Printing............................................................................................! 6,000 Equipment Purchases.................................................................................................! 13,425 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 36,720 Advertising...................................................................................................................! 35,000 Per Diem, Fees and Contracts..................................................................................! 24,650 Major Repairs and Maintenance Projects at Major and Minor Markets...................................................................................................................! 305,000 Total Funds Budgeted..........................................................................................! 3,044,490 State Funds Budgeted..............................................................................................! 533,298 Total Positions Budgeted 115 5. General Agricultural Field Forces Budget: Personal Services....................................................................................................! 1,957,100 Regular Operating Expenses...................................................................................! 118,404 Travel..........................................................................................................................! 188,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 4,000 Equipment Purchases...................................................................................................! 3,900 Computer Charges.............................................................................................................! -0- Real Estate Rentals ......................................................................................................$ 3,600 Telecommunications...................................................................................................! 19,000 Per Diem, Fees and Contracts.......................................................................................! 200 Total Funds Budgeted ..........................................................................................$ 2,294,204 State Funds Budgeted...........................................................................................! 2,271,533 Total Positions Budgeted 112 6. Internal Administration Budget: Personal Services....................................................................................................! 1,230,600 Regular Operating Expenses ...............................................................,,..................$ 214,138 Travel............................................................................................................................! 28,000 Motor Vehicle Equipment Purchases........................................................................! 7,200 Publications and Printing..........................................................................................! 18,000 Equipment Purchases...................................................................................................! 6,220 Computer Charges....................................................................................................! 128,362 Real Estate Rentals..................................................................................................! 515,900 Telecommunications...................................................................................................! 43,000 Per Diem, Fees and Contracts....................................................................................! 1,000 Contract - Federation of Southern Cooperatives...........................................................................................! 50,000 Total Funds Budgeted..........................................................................................! 2,242,420 State Funds Budgeted...........................................................................................! 2,176,708 Total Positions Budgeted 57 7. Information and Education Budget: Personal Services.......................................................................................................! 143,000 Regular Operating Expenses.....................................................................................! 14,140 Travel..............................................................................................................................! 1,100 TUESDAY, MARCH 16, 1982 2331 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing........................................................................................$ 370,000 Equipment Purchases...................................................................................................! 4,225 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .....................................................................................................$ 6,732 Per Diem, Fees and Contracts ........................................................................................$ -0- Market Bulletin Postage..........................................................................................! 748,765 Total Funds Budgeted ..........................................................................................$ 1,287,962 State Funds Budgeted...........................................................................................$ 1,275,082 Total Positions Budgeted 9 8. Fuel and Measures Standards Budget: Personal Services....................................................................................................! 1,263,800 Regular Operating Expenses ...................................................................................$ 232,373 Travel............................................................................................................................! 90,100 Motor Vehicle Equipment Purchases....................................................................! 121,300 Publications and Printing............................................................................................! 6,000 Equipment Purchases.................................................................................................! 21,100 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 15,964 Per Diem, Fees and Contracts........................................................................................! -0- Total Funds Budgeted ..........................................................................................$ 1,750,637 State Funds Budgeted...........................................................................................! 1,729,804 Total Positions Budgeted 74 9. Consumer Services Budget: Personal Services.......................................................................................................! 647,200 Regular Operating Expenses...............................................................;.....................! 66,051 Travel............................................................................................................................! 18,000 Motor Vehicle Equipment Purchases......................................................................! 22,250 Publications and Printing............................................................................................! 6,200 Equipment Purchases...................................................................................................! 2,500 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 20,502 Per Diem, Fees and Contracts.......................................................................................! 500 Total Funds Budgeted .............................................................................................$ 783,203 State Funds Budgeted..............................................................................................! 775,443 Total Positions Budgeted 30 10. Consumer Protection Field Forces Budget: Personal Services....................................................................................................! 2,943,500 Regular Operating Expenses...................................................................................! 132,323 Travel..........................................................................................................................! 174,600 Motor Vehicle Equipment Purchases......................................................................! 36,150 Publications and Printing............................................................................................! 8,200 Equipment Purchases.................................................................................................! 13,300 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 6,240 Telecommunications...................................................................................................! 34,000 Per Diem, Fees and Contracts........................................................................................! -0- Total Funds Budgeted..........................................................................................! 3,348,313 State Funds Budgeted...........................................................................................! 2,622,235 Total Positions Budgeted 134 2332 JOURNAL OF THE HOUSE, 11. Meat Inspection Budget: Personal Services....................................................................................................$ 2,612,000 Regular Operating Expenses ...............................................................................,,....$ 77,466 Travel..........................................................................................................................$ 175,309 Motor Vehicle Equipment Purchases ......................................................................$ 29,000 Publications and Printing............................................................................................$ 3,542 Equipment Purchases......................................................................................................! 660 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 19,584 Per Diem, Fees and Contracts................................................................................! 114,300 Total Funds Budgeted..........................................................................................! 3,031,861 State Funds Budgeted...........................................................................................! 1,206,845 Total Positions Budgeted 130 12. Fire Ant Control Budget: Personal Services...............................................................................................................! -0- Regular Operating Expenses...........................................................................................! -0- Travel..................................................................................................................................! -0- Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.........................................................................................................! -0- Per Diem, Fees and Contracts........................................................................................! -0- Fire Ant Bait (approved by Federal Government) ......................................................................................$ 500,000 Total Funds Budgeted.............................................................................................! 500,000 State Funds Budgeted..............................................................................................! 500,000 Total Positions Budgeted 0 13. Georgia Agrirama Development Authority Budget: Direct Payments to Georgia Agrirama Development Authority for Operations .....................................................................................! 274,597 Total Funds Budgeted .............................................................................................$ 274,597 State Funds Budgeted..............................................................................................! 274,597 Total Positions Budgeted 0 14. Seed Technology and Development Personal Services.......................................................................................................! 169,615 Regular Operating Expenses.......................................................................................! 7,400 Travel..............................................................................................................................! 3,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications .........................................................................................................$ -0- Per Diem, Fees and Contracts...............,........................................................................! -0- Total Funds Budgeted.............................................................................................! 180,015 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services........................................................)..........................................! 18,315,615 Regular Operating Expenses ...................................'.............................................$ 2,173,131 TUESDAY, MARCH 16, 1982 2333 Travel...............................................................................................-..........................$ 888,374 Motor Vehicle Equipment Purchases................................................................................................................$ 347,550 Publications and Printing........................................................................................$ 480,722 Equipment Purchases...............................................................................................$ 148,915 Computer Charges ....................................................................................................$ 128,362 Real Estate Rentals ..................................................................................................$ 528,293 Telecommunications.................................................................................................! 322,696 Per Diem, Fees and Contracts................................................................................! 249,950 Market Bulletin Postage..........................................................................................$ 748,765 Fire Ant Bait (approved by Federal Government) ......................................................................................$ 500,000 Athens Veterinary Laboratory Contract ..................................................................................................................$ 434,550 Tifton Veterinary Laboratory Contract..................................................................................................................! 796,400 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston Statesboro and Tifton ..........................................................................................$ 955,000 Veterinary Fees .........................................................................................................$ 525,000 Indemnities ..................................................................................................................$ 75,000 Advertising Contract ..................................................................................................$ 90,000 Direct Payments to Georgia Agrirama Development Authority for Operations........................................................................................................! 274,597 Repairs to Major and Minor Markets.......................................................................................................! 400,000 Contract - Federation of Southern Cooperatives...........................................................................................! 50,000 Capital Outlay...................................................................................................................! -0- Total Positions Budgeted 952 Authorized Motor Vehicles 259 Provided, that of the above appropriation relative to Regular Operating Expenses, !45,000 is designated and committed for livestock shows relating to research and promot ing and $10,000 is designated and committed for poultry shows relating to research and promoting. Provided, that of the above appropriation, the Department is authorized and directed to notify dairy farmers of milk-sample test results after each test. Provided, that of the above appropriation relating to Repairs to Major and Minor Mar kets, no expenditure shall be made without prior approval of the Georgia Building Author ity (Markets). It is the intent of this General Assembly that the Department of Agriculture shall not increase farmers market gate fees for Georgia farmers and that no new fees be imposed on Georgia farmers. Provided however, of the above appropriated amount, !25,000 is designated and commit ted for "on-farm" testing for brucellosis. It is the intent of this General Assembly that the Department of Agriculture shall be authorized to expend an amount not to exceed $150,000 for research relative to Fire Ant bait. B. Budget Unit: Georgia Agrirama Development Authority ....................................................................................$ -0- Georgia Agrirama Development Authority Budget: Personal Services.......................................................................................................! 451,000 Regular Operating Expenses ...................................................................................$ 100,000 2334 JOURNAL OF THE HOUSE, Travel..............................................................................................................................$ 6,732 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 14,610 Equipment Purchases......................................................................................................! 625 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .....................................................................................................$ 5,700 Per Diem, Fees and Contracts..................................................................................? 26,488 Capital Outlay .............................................................................................................$ 41,950 Goods for Resale .........................................................................................................$ 91,885 Sales Tax......................................................................................................................$ 10,300 Total Funds Budgeted .............................................................................................$ 749,290 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 27 Budget Unit Object Classes: Personal Services.......................................................................................................! 451,000 Regular Operating Expenses ...................................................................................$ 100,000 Travel..............................................................................................................................! 6,732 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 14,610 Equipment Purchases......................................................................................................! 625 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications .....................................................................................................$ 5,700 Per Diem, Fees and Contracts..................................................................................! 26,488 Capital Outlay .............................................................................................................$ 41,950 Sales Tax......................................................................................................................! 10,300 Goods for Resale.........................................................................................................! 91,885 Total Positions Budgeted 27 Authorized Motor Vehicles 5 Provided, the Authority is hereby authorized to budget additional agency income for the purpose of providing a retirement plan for its employees. Section 15. Department of Banking and Finance. Budget Unit: Department of Banking and Finance.................................................................................................! 3,158,431 Administration and Examination Budget: Personal Services....................................................................................................! 2,610,000 Regular Operating Expenses ...................................................................................$ 142,485 Travel..........................................................................................................................! 234,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 36,000 Equipment Purchases...................................................................................................! 6,100 Computer Charges................................,.......................................................................! 9,889 Real Estate Rentals..................................................................................................! 117,450 Telecommunications...................................................................................................! 31,400 Per Diem, Fees and Contracts....................................................................................! 2,000 Total Funds Budgeted..........................................................................................! 3,189,324 State Funds Budgeted...........................................................................................! 3,158,431 Total Positions Budgeted 102 Budget Unit Object Classes: Personal Services....................................................................................................! 2,610,000 Regular Operating Expenses...................................................................................! 142,485 Travel..........................................................................................................................! 234,000 TUESDAY, MARCH 16, 1982 2335 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 36,000 Equipment Purchases...................................................................................................! 6,100 Computer Charges ........................................................................................................$ 9,889 Real Estate Rentals..................................................................................................! 117,450 Telecommunications...................................................................................................! 31,400 Per Diem, Fees and Contracts....................................................................................! 2,000 Total Positions Budgeted 102 Authorized Motor Vehicles 21 Section 16. Department of Community Affairs. A. Budget Unit: Department of Community Affairs.......................................................................................! 4,443,114 1. Executive and Administrative Budget: Personal Services.......................................................................................................! 616,450 Regular Operating Expenses.....................................................................................! 40,610 Travel............................................................................................................................! 12,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 7,500 Equipment Purchases.......................................................................................................! -0- Computer Charges...........................................................................................................! 100 Real Estate Rentals.........................,..........................................................................! 95,179 Telecommunications.........................................................................,.........................! 11,000 Per Diem, Fees and Contracts....................................................................................! 9,000 Capital Felony Expenses............................................................................................! 50,000 Multi-State Transportation Board...........................................................................! 10,000 Grants to Area Planning and Development Commissions...............................................................................! 1,350,000 Grants for Revitalization Projects...................................................................................................................! 250,000 Local Assistance Grants...........................................................................................! 348,000 Total Funds Budgeted ..........................................................................................$ 2,799,839 State Funds Budgeted...........................................................................................! 2,585,364 Total Positions Budgeted 21 2. Technical Assistance Budget: Personal Services.......................................................................................................! 529,535 Regular Operating Expenses.....................................................................................! 21,950 Travel............................................................................................................................! 37,100 Motor Vehicle Equipment Purchases........................................................................! 6,200 Publications and Printing...................................................,......................................! 10,100 Equipment Purchases......................................................................................................! 530 Computer Charges...........................................................................................................! 900 Real Estate Rentals........................,...........................................................................! 26,396 Telecommunications........................................................................,..........................! 11,550 Per Diem, Fees and Contracts..................................................................................! 24,100 Total Funds Budgeted .............................................................................................! 668,361 State Funds Budgeted..............................................................................................! 648,617 Total Positions Budgeted 20 3. Information Services Budget: Personal Services.......................................................................................................! 243,800 Regular Operating Expenses.......................................................................................! 7,240 Travel..............................................................................................................................! 5,600 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing........................................................,...................................! 2,500 Equipment Purchases........,..............................................................................................! -0- 2336 JOURNAL OF THE HOUSE, Computer Charges ........................................................................................................$ 1,500 Real Estate Rentals ......................................................................................................$ 8,858 Telecommunications.....................................................................................................! 3,000 Per Diem, Fees and Contracts ....................................................................................$ 5,600 Postage................................................................................................................................$ -0- Juvenile Justice Grant ..........................................................................................$ 1,000,000 Capital Outlay ...................................................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 1,278,098 State Funds Budgeted..............................................................................................$ 160,621 Total Positions Budgeted 9 4. Community Betterment Budget: Personal Services......................................................................................................-! 300,770 Regular Operating Expenses .....................................................................................$ 11,060 Travel............................................................................................................................$ 20,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 4,000 Equipment Purchases.......................................................................................................$ -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals ....................................................................................................$ 14,047 Telecommunications.....................................................................................................! 7,300 Per Diem, Fees and Contracts....................................................................................! 5,450 Total Funds Budgeted .............................................................................................$ 362,627 State Funds Budgeted..............................................................................................! 359,001 Total Positions Budgeted 11 5. Community Development Budget: Personal Services.......................................................................................................! 755,410 Regular Operating Expenses .....................................................................................$ 25,965 Travel............................................................................................................................! 61,320 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 22,300 Equipment Purchases.......................................................................................................! -0- Computer Charges........................................................................................................! 4,500 Real Estate Rentals....................................................................................................! 41,280 Telecommunications...................................................................................................! 39,800 Per Diem, Fees and Contracts..................................................................................! 45,600 Appalachian Regional Commission Assessment...............................................................................................................! 56,720 Total Funds Budgeted ..........................................................................................$ 1,052,895 State Funds Budgeted..............................................................................................! 689,511 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services....................................................................................................! 2,445,965 Regular Operating Expenses ...................................................................................$ 106,825 Travel..........................................................................................................................! 136,020 Motor Vehicle Equipment Purchases........................................................................! 6,200 Publications and Printing..........................................................................................! 46,400 Equipment Purchases......................................................................................................! 530 Computer Charges........................................................................................................! 7,000 Real Estate Rentals..................................................................................................! 185,760 Telecommunications...................................................................................................! 72,650 Per Diem, Fees and Contracts..................................................................................! 89,750 Capital Felony Expenses............................................................................................! 50,000 Grants to Area Planning and Development Commissions...............................................................................! 1,350,000 Local Assistance Grants...........................................................................................! 348,000 TUESDAY, MARCH 16, 1982 2337 Grants to Revitalization Projects ...................................................................................................................$ 250,000 Appalachian Regional Commission Assessment ...............................................................................................................$ 56,720 Multi-State Transportation Board...........................................................................$ 10,000 Juvenile Justice Grants.........................................................................................$ 1,000,000 Total Positions Budgeted 89 Authorized Motor Vehicles 4 Provided that of the above appropriations $10,000 is designated and committed for The Multi-State Transportation Board. Provided, that of the above appropriation relating to Grants for Revitalization Projects, $250,000 is designated and committed for grants to cities and counties for revitalization projects in depressed downtown areas. B. Budget Unit: Georgia Residential Finance Authority ...................................................................................................$ -0- Georgia Residential Finance Authority Budget: Personal Services....................................................................................................! 1,666,686 Regular Operating Expenses ...................................................................................$ 176,864 Travel............................................................................................................................! 85,400 Motor Vehicle Equipment Purchases..................................................................................................................! 55,000 Publications and Printing..........................................................................................$ 40,500 Equipment Purchases.................................................................................................$ 32,750 Computer Charges ......................................................................................................$ 14,500 Real Estate Rentals ..................................................................................................$ 102,556 Telecommunications..................................................................................................^ 75,500 Per Diem, Fees and Contracts................................................................................$ 300,650 Rental Assistance Payments ..............................................................................$ 10,264,214 Grants to Housing Sponsors....................................................................................$ 475,000 Total Funds Budgeted ........................................................................................$ 13,289,620 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 73 Authorized Motor Vehicles 29 Budget Unit Object Classes: Personal Services....................................................................................................! 1,666,686 Regular Operating Expenses ...................................................................................$ 176,864 Travel............................................................................................................................! 85,400 Motor Vehicle Equipment Purchases..................................................................................................................! 55,000 Publications and Printing..........................................................................................! 40,500 Equipment Purchases.................................................................................................! 32,750 Computer Charges......................................................................................................! 14,500 Real Estate Rentals ..................................................................................................$ 102,556 Telecommunications..................................................................................................^ 75,500 Per Diem, Fees and Contracts................................................................................$ 300,650 Rental Assistance Payments ..............................................................................$ 10,264,214 Grants to Housing Sponsors....................................................................................! 475,000 Total Positions Budgeted 73 Authorized Motor Vehicles 29 Section 17. Office of Comptroller General. Budget Unit: Office of Comptroller General.........................................................................................................! 5,534,561 2338 JOURNAL OF THE HOUSE, 1. Internal Administration Budget: Personal Services.......................................................................................................$ 501,600 Regular Operating Expenses .....................................................................................$ 90,028 Travel..............................................................................................................................$ 5,500 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 7,500 Equipment Purchases......................................................................................................! 165 Computer Charges ....................................................................................................$ 232,080 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 14,538 Per Diem, Fees and Contracts ........................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 851,411 State Funds Budgeted..............................................................................................$ 833,257 Total Positions Budgeted 21 2. Insurance Regulation Budget: Personal Services....................................................................................................$ 1,009,987 Regular Operating Expenses .....................................................................................$ 48,735 Travel..............................................................................................................................$ 6,750 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing........................................................................................$ 101,940 Equipment Purchases...................................................................................................$ 2,480 Computer Charges ......................................................................................................$ 49,185 Real Estate Rentals ....................................................................................................$ 20,195 Telecommunications...................................................................................................! 23,888 Per Diem, Fees and Contracts....................................................................................! 3,000 Computer Equipment and Feasibility Study ...........................................................................................................$ ^ Total Funds Budgeted ..........................................................................................$ 1,266,160 State Funds Budgeted...........................................................................................! 1,169,503 Total Positions Budgeted 46 3. Industrial Loans Regulation Budget: Personal Services......................................................................................................-! 342,000 Regular Operating Expenses.....................................................................................! 21,094 Travel............................................................................................................................! 19,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 5,250 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 5,592 Per Diem, Fees and Contracts........................................................................................! -0- Total Funds Budgeted.............................................................................................! 392,936 State Funds Budgeted..............................................................................................! 389,007 Total Positions Budgeted 14 4. Information and Enforcement Budget: Personal Services.......................................................................................................! 930,000 Regular Operating Expenses.....................................................................................! 36,935 Travel............................................................................................................................! 28,224 Motor Vehicle Equipment Purchases........................................................................! 7,250 Publications and Printing............................................................................................! 3,400 Equipment Purchases......................................................................................................! 800 Computer Charges.............................................................................................................! -0Real Estate Rentals....................................................................................................! 21,753 TUESDAY, MARCH 16, 1982 2339 Telecommunications ..............................:....................................................................$ 31,578 Per Diem, Fees and Contracts ........................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 1,059,940 State Funds Budgeted...........................................................................................? 1,049,341 Total Positions Budgeted 45 5. Fire Safety and Mobile Home Regulation Budget: Personal Services....................................................................................................? 2,094,000 Regular Operating Expenses .....................................................................................$ 94,274 Travel..........................................................................................................................? 135,000 Motor Vehicle Equipment Purchases ......................................................................$ 43,500 Publications and Printing..........................................................................................? 16,500 Equipment Purchases...................................................................................................? 2,172 Computer Charges.............................................................................................................? -0- Real Estate Rentals....................................................................................................? 36,844 Telecommunications...................................................................................................? 27,297 Per Diem, Fees and Contracts..................................................................................? 10,000 Total Funds Budgeted..........................................................................................? 2,459,587 State Funds Budgeted...........................................................................................? 2,093,453 Total Positions Budgeted 104 Budget Unit Object Classes: Personal Services....................................................................................................? 4,877,587 Regular Operating Expenses...................................................................................? 291,066 Travel..........................................................................................................................? 194,474 Motor Vehicle Equipment Purchases......................................................................? 50,750 Publications and Printing........................................................................................? 134,590 Equipment Purchases...................................................................................................? 5,617 Computer Charges....................................................................................................? 281,265 Real Estate Rentals....................................................................................................? 78,792 Telecommunications.................................................................................................? 102,893 Computer Equipment and Feasibility Study...........................................................................................................? -0- Per Diem, Fees and Contracts..................................................................................? 13,000 Total Positions Budgeted 230 Authorized Motor Vehicles 57 Section 18. Department of Defense. Budget Unit: Department of Defense ..................................................................$ 2,691,898 1. Administration and Support of State Militia Budget: Personal Services.......................................................................................................? 858,500 Regular Operating Expenses.....................................................................................? 99,200 Travel..............................................................................................................................? 3,000 Motor Vehicle Equipment Purchases........................................................................? 8,000 Publications and Printing..........................................................................................? 20,850 Equipment Purchases.......................................................................................................? -0Computer Charges.............................................................................................................? -0Real Estate Rentals..........................................................................................................? -0Telecommunications...................................................................................................? 23,500 Per Diem, Fees and Contracts..................................................................................? 19,800 Military Assistance to Safety and Traffic Grant.............................................................................................? -0Georgia Military Institute Grant..............................................................................? 18,000 Civil Air Patrol Contract...........................................................................................? 40,000 Capital Outlay...................................................................................................................? -0Total Funds Budgeted..........................................................................................? 1,090,850 2340 JOURNAL OF THE HOUSE, State Funds Budgeted...........................................................................................! 1,065,225 Total Positions Budgeted 36 2. Civil Defense Budget: Personal Services.......................................................................................................! 794,306 Regular Operating Expenses ...................................................................................$ 103,920 Travel............................................................................................................................$ 17,400 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 14,100 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 3,600 Telecommunications...................................................................................................! 32,500 Per Diem, Fees and Contracts..................................................................................! 26,000 Local Civil Defense Grants - Project Application.................................................................................................! 30,000 Local Civil Defense Grants - Training ....................................................................................................$ 45,000 Total Funds Budgeted..........................................................................................! 1,066,826 State Funds Budgeted..............................................................................................! 556,063 Total Positions Budgeted 33 3. Construction and Facilities Maintenance Budget: Personal Services.......................................................................................................! 112,250 Regular Operating Expenses ...................................................................................$ 118,140 Travel..............................................................................................................................! 2,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................! 18,700 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.........................................................................................................$ -0- Per Diem, Fees and Contracts....................................................................................! 1,500 Grants to National Guard Units ..................................................'..........................$ 362,140 Repairs and Renovations ...........................................................................................$ 43,000 Capital Outlay...............................................................................................................! 5,242 Total Funds Budgeted .............................................................................................$ 662,972 State Funds Budgeted..............................................................................................! 660,446 Total Positions Budgeted 5 4. Disaster Preparedness and Recovery Budget: Personal Services.......................................................................................................! 268,950 Regular Operating Expenses .....................................................................................$ 17,540 Travel............................................................................................................................! 13,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 6,500 Equipment Purchases......................................................................................................! 350 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 5,000 Telecommunications.....................................................................................................! 3,250 Per Diem, Fees and Contracts.......................................................................................! 600 Total Funds Budgeted .............................................................................................$ 315,190 State Funds Budgeted................................................................................................! 21,648 Total Positions Budgeted 12 5. Service Contracts Budget: Personal Services....................................................................................................! 2,062,519 TUESDAY, MARCH 16, 1982 2341 Regular Operating Expenses ................................................................................$ 1,677,760 Travel..............................................................................................................................$ 2,100 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................! -0- Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .........................................................................................................$ -0- Per Diem, Fees and Contracts........................................................................................! -0- Repairs and Renovations...........................................................................................$ 75,000 Total Funds Budgeted ..........................................................................................$ 3,817,379 State Funds Budgeted..............................................................................................! 388,516 Total Positions Budgeted 121 Budget Unit Object Classes: Personal Services....................................................................................................! 4,096,525 Regular Operating Expenses ................................,,...............................................$ 2,016,560 Travel............................................................................................................................! 37,500 Motor Vehicle Equipment Purchases........................................................................! 8,000 Publications and Printing..........................................................................................! 41,450 Equipment Purchases.................................................................................................! 19,050 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 8,600 Telecommunications...................................................................................................! 59,250 Per Diem, Fees and Contracts..................................................................................! 47,900 Military Assistance to Safety and Traffic Grant .............................................................................................$ -0- National Guard Units Grants .................................................................................$ 362,140 Georgia Military Institute Grant..............................................................................! 18,000 Civil Air Patrol Contract...........................................................................................! 40,000 Capital Outlay...............................................................................................................! 5,242 Local Civil Defense Grants - Project Application.................................................................................................! 30,000 Local Civil Defense Grants - Training....................................................................................................! 45,000 Repairs and Renovations.........................................................................................! 118,000 Total Positions Budgeted 207 Authorized Motor Vehicles 20 Section 19. State Board of Education - Department of Education. A. Budget Unit: Department of Education................................................................................................! 1,337,189,227 1. Instructional Services Budget: Personal Services....................................................................................................! 4,212,485 Regular Operating Expenses...................................................................................! 807,420 Travel..........................................................................................................................! 284,040 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing........................................................................................! 283,980 Equipment Purchases.................................................................................................! 22,845 Real Estate Rentals..................................................................................................! 152,900 Telecommunications.................................................................................................! 118,510 Per Diem, Fees and Contracts................................................................................! 140,250 Utilities...........................................................................................................................! 4,000 Total Funds Budgeted..........................................................................................! 6,026,430 State Funds Budgeted...........................................................................................! 3,543,599 Total Positions Budgeted 189 2342 JOURNAL OF THE HOUSE, 2. Governor's Honors Program Budget: Personal Services.......................................................................................................$ 272,420 Regular Operating Expenses .....................................................................................$ 24,635 Travel..............................................................................................................................$ 3,395 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 1,600 Equipment Purchases...................................................................................................! 1,000 Real Estate Rentals ......................................................................................................$ 2,880 Telecommunications .....................................................................................................$ 5,695 Per Diem, Fees and Contracts................................................................................! 355,920 Total Funds Budgeted .............................................................................................$ 667,545 State Funds Budgeted..............................................................................................! 660,870 Total Positions Budgeted 2 3. Vocational Education Budget: Personal Services....................................................................................................! 2,897,980 Regular Operating Expenses ...................................................................................$ 174,120 Travel..........................................................................................................................! 223,725 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 66,040 Equipment Purchases...................................................................................................! 7,385 Real Estate Rentals..................................................................................................! 151,520 Telecommunications...................................................................................................! 87,930 Per Diem, Fees and Contracts.............................................................................! 2,251,200 Utilities.........................................................................................................................! 11,870 Total Funds Budgeted..........................................................................................! 5,871,770 State Funds Budgeted...........................................................................................! 2,068,084 Total Positions Budgeted 111 4. Public Library Services Budget: Personal Services.......................................................................................................! 906,000 Regular Operating Expenses...................................................................................! 173,240 Travel............................................................................................................................! 16,625 Publications and Printing..........................................................................................! 13,000 Equipment Purchases...................................................................................................! 6,200 Real Estate Rentals..................................................................................................! 152,065 Telecommunications...................................................................................................! 38,760 Per Diem, Fees and Contracts..................................................................................! 85,200 Utilities.........................................................................................................................! 11,710 Total Funds Budgeted..........................................................................................! 1,402,800 State Funds Budgeted..............................................................................................! 801,954 Total Positions Budgeted 52 5. State Administration Budget: Personal Services.......................................................................................................! 926,000 Regular Operating Expenses...................................................................................! 251,870 Travel............................................................................................................................! 37,555 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 14,000 Equipment Purchases...................................................................................................! 6,000 Real Estate Rentals....................................................................................................! 56,330 Telecommunications...................................................................................................! 26,590 Per Diem, Fees and Contracts................................................................................! 242,000 Total Funds Budgeted ........................................................................................,,! 1,560,345 State Funds Budgeted...........................................................................................! 1,189,188 Total Positions Budgeted 32 6. Administrative Services Budget: Personal Services....................................................................................................! 4,900,000 TUESDAY, MARCH 16, 1982 2343 Regular Operating Expenses ...................................................................................$ 229,625 Travel..........................................................................................................................! 339,095 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing........................................................................................$ 182,835 Equipment Purchases.................................................................................................! 17,525 Computer Charges....................................................................................................! 857,250 Real Estate Rentals ..................................................................................................$ 261,340 Telecommunications.................................................................................................! 117,720 Per Diem, Fees and Contracts..................................................................................! 74,250 Utilities...........................................................................................................................! 6,895 Total Funds Budgeted..........................................................................................! 6,986,535 Indirect DOAS Services Funding ...................................................................................$ -0- State Funds Budgeted...........................................................................................! 4,717,312 Total Positions Budgeted 219 7. Certification of Public School Personnel Budget: Personal Services.......................................................................................................! 536,640 Regular Operating Expenses .....................................................................................$ 30,135 Travel..............................................................................................................................! 1,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 7,500 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals ....................................................................................................$ 30,000 Telecommunications...................................................................................................! 17,820 Per Diem, Fees and Contracts........................................................................................! -0- Total Funds Budgeted .............................................................................................$ 623,595 State Funds Budgeted..............................................................................................! 579,716 Total Positions Budgeted 32 8. Planning and Development Budget: Personal Services....................................................................................................! 2,201,430 Regular Operating Expenses .....................................................................................$ 74,495 Travel.,........................................................................................................................! 100,305 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 73,650 Equipment Purchases...................................................................................................! 5,350 Real Estate Rentals....................................................................................................! 95,230 Telecommunications...................................................................................................! 56,885 Per Diem, Fees and Contracts.............................................................................! 1,474,460 Total Funds Budgeted ..........................................................................................$ 4,081,805 State Funds Budgeted...........................................................................................! 3,323,606 Total Positions Budgeted 79 9. Professional Standards Commission Budget: Personal Services.........................................................................................................! 55,220 Regular Operating Expenses .....................................................................................$ 10,090 Travel..............................................................................................................................! 2,000 Publications and Printing............................................................................................! 6,050 Equipment Purchases.......................................................................................................! -0- Real Estate Rentals ......................................................................................................$ 4,700 Telecommunications.....................................................................................................! 3,100 Per Diem, Fees and Contracts..................................................................................! 55,945 Total Funds Budgeted.............................................................................................! 137,105 State Funds Budgeted..............................................................................................! 135,797 Total Positions Budgeted 2 2344 JOURNAL OF THE HOUSE, 10. Vocational Advisory Council Budget: Personal Services..................................................................................-......................$ 80,045 Regular Operating Expenses .....................................................................................$ 14,160 Travel..............................................................................................................................$ 7,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 10,000 Equipment Purchases..............................................................................-..-.................$ 2,600 Computer Charges.............................................................................................................! -0- Real Estate Rentals ......................................................................................................$ 7,000 Telecommunications................................................................................................-....! 3,830 Per Diem, Fees and Contracts..................................................................................! 25,000 Total Funds Budgeted .............................................................................................$ 149,635 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 3 11. Professional Practices Commission Budget: Personal Services.......................................................................................................! 215,000 Regular Operating Expenses.......................................................................................! 9,585 Travel............................................................................................................................! 12,640 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 1,600 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals ....................................................................................................$ 20,150 Telecommunications.....................................................................................................! 5,930 Per Diem, Fees and Contracts..................................................................................! 46,000 Total Funds Budgeted .............................................................................................$ 310,905 State Funds Budgeted..............................................................................................! 308,096 Total Positions Budgeted 8 12. Local Programs Budget: APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) ...........................................................................................$ 590,358,056 Salaries of Instructional Personnel (Sec. 5)....................................................................................! 101,988,207 Salaries of Instructional Personnel (Sec. 7)......................................................................................! 23,326,134 Salaries of Student Supportive Personnel (Sec. 20 (a)) ................................................................................................$ 25,929,058 Salaries of Administrative and Supervisory Personnel (Sec. 21) ......................................................................................................$ 69,213,074 Special Education Leadership Personnel (Sec. 21(d) (2)).............................................................................................! 3,275,084 Instructional Media (Sec.l3)........................................................................................................$ 21,410,550 Instructional Equipment (Sec. 14) ...........................................................................................................$ 741,305 Maintenance and Operation (Sec. 15) ......................................................................................................$ 99,894,700 Sick and Personal Leave (Sec. 16) ........................................................................................................$ 5,947,375 TUESDAY, MARCH 16, 1982 2345 Travel (Sec. 17) ................,..............................................................................$ 1,087,247 Pupil Transportation - (Sec. 25) ......................................................................................................$ 88,390,000 Isolated Schools ..................................................................................................$ 549,143 Mid-Term Adjustment .............................................................................................^ ^ Total Funds Budgeted ................................................................................$ 1,032,109,933 Less RLE Funds Budgeted .............................................................................$ (78,550,000) State Funds Budgeted.....................................................................................! 953,559,933 Non-APEG Grants: Education of Children of Low-Income Families...................................................................................! 74,806,645 Teacher Retirement.........................................................................................! 93,462,616 Instructional Services for the Handicapped ..........................................................................................$ 21,441,620 Preparation of Professional Personnel in Education of Handicapped Children...................................................................................! 65,000 Tuition for the Multihandicapped....................................................................................................! 1,172,000 Severely Emotionally Disturbed.......................................................................................................! 15,229,291 Compensatory Education................................................................................! 16,331,747 School Library Resources and Other Materials..................................................................................................! -0School Lunch (Federal).................................................................................! 101,184,050 School Lunch (State).......................................................................................! 14,565,705 Supplementary Education Centers and Services.................................................................................................! -0Staff Development................................................................................................! 927,500 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification.........................................................................................! 3,568,657 Cooperative Educational Service Agencies.............................................................................................! 3,816,447 Superintendents' Salaries .................................................................................$ 4,670,931 High School Program ....................................................................................,,! 26,776,897 Area Vocational-Technical Schools...........................................................................................................! 57,744,525 Career Education.....................................................................,.....................................! -0Junior College Vocational Program...........................................................................................................! 2,468,383 Quick Start Program.........................................................................................! 2,800,000 Comprehensive Employment and Training...................................................................................................! 3,595,000 Vocational Research and Curriculum.........................................................................................................! 974,980 Adult Education.........................................................................................,.......! 3,621,358 Salaries and Travel of Public Librarians............................................................................................! 4,218,764 Public Library Materials...................................................................................! 3,515,912 Talking Book Centers..,........................................................................................! 684,527 Public Library Maintenance and Operation.................................................................................................! 2,798,490 Public Library Construction.................................................,...........................! 1,155,561 Competency-Based High School Graduation Requirements.......................,........................................................! 250,000 2346 JOURNAL OF THE HOUSE, Instructional Aides.............................................................................................$ 8,907,836 Teacher Health Insurance ..............................................................................$ 32,339,000 Capital Outlay (under 32-648a)..................................................................................................$ 190,000 Grants to Local School Systems for Educational Purposes (Act 562) .......................................................................................$ 75,000,000 Indo-Chinese Refugee ...................................................................................................$ -0- Salaries of Extended Pre-SchoolPersonnel...................................................................................$ 10,099,424 Chapter II - Block Grant Flow Through..................................................................................................! 8,879,225 Area Vocational Technical School Construction.......................................................................................! 3,767,500 Total Funds Budgeted ...................................................................................$ 1,554,549,524 State Funds Budgeted....................................................................................! 1,319,861,005 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services...............................................................................................! 17,203,220 Regular Operating Expenses ...........................................................................,,! 1,799,375 Travel....................................................................................................................! 1,027,880 Motor Vehicle Equipment Purchases.....................................................................................................................! -0- Publications and Printing.....................................................................................! 660,255 Equipment Purchases..............................................................................................! 68,905 Computer Charges .................................................................................................$ 857,250 Real Estate Rentals ...............................................................................................$ 934,115 Telecommunications..............................................................................................! 482,770 Per Diem, Fees and Contracts..........................................................................! 4,750,225 Utilities......................................................................................................................! 34,475 Capital Outlay................................................................................................................! -0- APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) ...........................................................................................$ 590,358,056 Salaries of Instructional Personnel (Sec. 5)....................................................................................! 101,988,207 Salaries of Instructional Personnel (Sec. 7).....................................................................................-! 23,326,134 Salaries of Student Supportive Personnel (Sec. 20 (a)) ................................................................................................$ 25,929,058 Salaries of Administrative and Supervisory Personnel (Sec. 21) ......................................................................................................$ 69,213,074 Special Education Leadership Personnel (Sec. 21(d) (2)).............................................................................................$ 3,275,084 Instructional Media (Sec. 13)......................................................................................................! 21,410,550 Instructional Equipment (Sec. 14) ...........................................................................................................$ 741,305 Maintenance and Operation (Sec. 15) ......................................................................................................$ 99,894,700 Sick and Personal Leave (Sec. 16).......................................................................................................45,947,375 Travel (Sec. 17) ...............................................................................................$ 1,087,247 TUESDAY, MARCH 16, 1982 2347 Pupil Transportation Regular (Sec. 25) .......................................................................................$ 88,390,000 Isolated Schools..................................................................................................! 549,143 Mid-Term Adjustment..............................................................................................! j)Total Funds Budgeted ................................................................................$ 1,032,109,933 Less RLE Funds Budgeted .............................................................................$ (78,550,000) State Funds Budgeted.....................................................................................! 953,559,933 Non-APEG Grants: Education of Children of Low-Income Families...................................................................................$ 74,806,645 Teacher Retirement.........................................................................................! 93,462,616 Instructional Services for the Handicapped ..........................................................................................$ 21,441,620 Preparation of Professional Personnel in Education of Handicapped Children...................................................................................$ 65,000 Tuition for the Multihandicapped ....................................................................................................$ 1,172,000 Severely Emotionally Disturbed .......................................................................................................$ 15,229,291 Compensatory Education................................................................................! 16,331,747 School Lunch (Fed.) ......................................................................................$ 101,184,050 School Lunch (State).......................................................................................$ 14,565,705 Supplementary Education Centers and Services.................................................................................................! -0Staff Development....................................................................................-...........! 927,500 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification.........................................................................................! 3,568,657 Cooperative Educational Service Areas...................................................................................................! 3,816,447 Superintendents Salaries ..................................................................................$ 4,670,931 High School Program ......................................................................................$ 26,776,897 Area School Program.......................................................................................! 57,744,525 Junior College Program.....................................................................................! 2,468,383 Quick Start..........................................................................................................! 2,800,000 Comprehensive Employment and Training ...................................................................................................$ 3,595,000 Vocational Research and Curriculum.........................................................................................................! 974,980 Adult Education.................................................................................................! 3,621,358 Salaries and Travel of Public Librarians............................................................................................! 4,218,764 Public Library Materials...................................................................................! 3,515,912 Talking Book Centers...........................................................................................! 684,527 Public Library M & 0.......................................................................................! 2,798,490 Public Library Construction.............................................................................! 1,155,561 Competency-Based High School Graduation Requirements................................................................................! 250,000 Instructional Aides.............................................................................................! 8,907,836 Teacher Health Insurance ..............................................................................$ 32,339,000 Capital Outlay (under 32-648a).....................................................,............................................$ 190,000 Grants to Local School Systems for Educational Purposes (Act 562) .......................................................................................$ 75,000,000 2348 JOURNAL OF THE HOUSE, Indo-Chinese Refugee...................................................................................................! -0- Salaries of Extended Pre-School Personnel...................................................................................$ 10,099,424 Area Vo-Tech School Construction....................................................................................................$ 3,767,500 Chapter II - Block Grant Flow Through .....................................................................................................$ 8,879,225 Total Positions Budgeted 729 Authorized Motor Vehicles 17 B. Budget Unit: Institutions.................................................................................! 14,364,847 1. Georgia Academy for the Blind Budget: Personal Services....................................................................................................$ 2,393,390 Regular Operating Expenses ...................................................................................$ 270,300 Travel..............................................................................................................................$ 3,150 Motor Vehicle Equipment Purchases ......................................................................$ 38,880 Publications and Printing............................................................................................! 3,845 Equipment Purchases.................................................................................................! 30,000 Telecommunications...................................................................................................! 16,700 Per Diem, Fees and Contracts....................................................................................! 8,500 Utilities.......................................................................................................................! 163,165 Capital Outlay.............................................................................................................! 12,000 Total Funds Budgeted ..........................................................................................$ 2,939,930 State Funds Budgeted...........................................................................................! 2,649,107 Total Positions Budgeted 154 2. Georgia School for the Deaf Budget: Personal Services....................................................................................................! 4,264,300 Regular Operating Expenses.........................................................:.........................! 553,925 Travel..............................................................................................................................! 9,500 Motor Vehicle Equipment Purchases......................................................................! 26,900 Publications and Printing.................................................................,..............................! -0- Equipment Purchases.................................................................................................! 19,220 Telecommunications...................................................................................................! 21,285 Per Diem, Fees and Contracts..................................................................................! 12,650 Utilities.......................................................................................................................! 306,000 Capital Outlay ...............................................................................................................$ 4,000 Total Funds Budgeted ..........................................................................................$ 5,217,780 State Funds Budgeted...........................................................................................! 4,810,541 Total Positions Budgeted 265 3. Atlanta Area School for the Deaf Budget: Personal Services....................................................................................................! 1,722,610 Regular Operating Expenses ...................................................................................$ 184,359 Travel..............................................................................................................................! 3,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 1,500 Equipment Purchases.................................................................................................! 39,900 Telecommunications...................................................................................................! 21,025 Per Diem, Fees and Contracts....................................................................................! 6,000 Utilities.......................................................................................................................! 110,000 Capital Outlay...................................................................................................................!^ Total Funds Budgeted ..........................................................................................$ 2,088,894 State Funds Budgeted...........................................................................................! 1,856,669 Total Positions Budgeted 94 TUESDAY, MARCH 16, 1982 2349 4. North Georgia Vocational-Technical School Budget: Personal Services....................................................................................................! 2,291,810 Regular Operating Expenses ...................................................................................$ 674,195 Travel............................................................................................................................$ 16,630 Motor Vehicle Equipment Purchases ....................................................................,.......$ -0- Publications and Printing............................................................................................! 6,000 Equipment Purchases...............................................................................................$ 244,685 Telecommunications...................................................................................................! 15,265 Per Diem, Fees and Contracts........................................................................................! -0- Utilities.......................................................................................................................$ 274,480 Capital Outlay ...........................................................................................................$ 129,214 Total Funds Budgeted ..........................................................................................$ 3,652,279 State Funds Budgeted...........................................................................................! 2,672,688 Total Positions Budgeted 104 5. South Georgia Vocational-Technical School Budget: Personal Services....................................................................................................! 1,896,420 Regular Operating Expenses...................................................................................! 508,825 Travel............................................................................................................................! 15,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 4,500 Equipment Purchases...............................................................................................! 235,430 Telecommunications...................................................................................................! 17,290 Per Diem, Fees and Contracts..................................................................................! 11,750 Utilities.......................................................................................................................! 260,000 Capital Outlay.............................................................................................................! 55,000 Total Funds Budgeted ..........................................................................................$ 3,004,215 State Funds Budgeted...........................................................................................! 2,375,842 Total Positions Budgeted 94 Budget Unit Object Classes: Personal Services..................................................................................................! 12,568,530 Regular Operating Expenses ................................................................................$ 2,191,604 Travel............................................................................................................................! 47,780 Motor Vehicle Equipment Purchases..................................................................................................................! 65,780 Publications and Printing..........................................................................................! 15,845 Equipment Purchases...............................................................................................! 569,235 Telecommunications...................................................................................................! 91,565 Per Diem, Fees and Contracts..................................................................................! 38,900 Utilities....................................................................................................................! 1,113,645 Capital Outlay...........................................................................................................! 200,214 Total Positions Budgeted 711 Authorized Motor Vehicles 80 Provided, that none of the State funds appropriated above may be expended to initiate or commence any new program or project which would create a continuing obligation of the current funds of the State, unless such program or project has been authorized by the General Assembly. Provided, that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall be the pro rata part of the cost of employer contributions to the Teachers' Retirement System and Teachers' Health Insurance applicable to such salary. Provided, further, that for kindergarten programs, each system shall be allotted instruc tional units on the basis of one teacher and one aide for each 40 students or major fraction 2350 JOURNAL OF THE HOUSE, thereof in average daily attendance, except in the case of mentally, physically or emotion ally handicapped children, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership. Provided, that of the above appropriation relative to Kindergarten Transportation, funds shall initially be allotted to local school systems on the basis of one transportation unit ($10,883) for each 40 students. However, allotments shall not exceed actual cost of midday transportation by the local system. Provided, however, in order to extend the half-day program to a full-day service in lieu of midday transportation services, local systems may elect to use transportation allotments to employ aides or certificated instructional personnel on a reimbursable basis to the extent that the $10,883 per unit will allow. Where the transportation allotment is used to employ additional personnel, reimbursable costs shall include salary, retirement and health insurance where eligible. Provided, that of any State Funds appropriated to local systems for classroom teacher salaries on the basis of Average Daily Attendance in grades 1 through 7, such teachers shall be used in the school where earned and shall be used only for the purpose of funding regular (general education) classroom teachers in grades where earned. Provided, that of the above appropriation, relative to special education $30,000 is desig nated and committed for payment to the Houston County Board of Education for pay ment to Houston County Speech and Hearing School, and $30,000 is designated and committed for payment to the Houston County Board of Education for payment to Hous ton County Happy Hour School. Provided, further, funds appropriated for Maintenance and Operation, Sick and Per sonal Leave and Instructional Media, for all Special Education Teachers, payments shall not be made until the allotted teaching unit prior to such unit being filled. Furthermore, the Section 5 (Code Section 20-2-152) teaching units so allocated to an eli gible local unit shall remain a part of that local unit's allotment until the end of the cur rent school year in which allocated. It is the intent of this General Assembly that local school systems have the authority to utilize increased maintenance and operation funds contained in this Appropriations Act in such a fashion as to accomplish de facto funding of Section 12 of the Adequate Program for Education in Georgia (Code Section 20-2-158). Provided, that of the above appropriation for APEG Grants, it is the intent of this Gen eral Assembly that funds are included for allotment of instructional units under Section 10 for grades 1 - 2, at a ratio of 1:20 students in average daily attendance. Provided, that local school systems, in accordance with State Board policy, may use additional instructional units earned in grades 1 - 2 to employ either certificated or licensed instructional personnel in those grades. Funding for licensed instructional person nel shall include salaries as provided for in APEG Section 10b(2) (Code Section 20-2-157(b)(2)) and Section 15 (M&O) (Code Section 20-2-160). Provided, that of the above appropriation for $927,500 for Staff Development, $92,750 is designated and committed to fund a State level staff development program specifically for Special Education Teachers (Section 5) (Code Section 20-2-152) utilized in programs for intellectually gifted students, and to assist in the development of a State program plan for gifted students by the State Superintendent of Schools. Provided, that of the above appropriations relative to Sections 5, 7, 10, 20, 21, and 21(d)(2) of APEG (Code Sections 20-2-152, 20-2-153, 20-2-157, 20-2-181, and 20-2-181(d)(2)) for salaries, funds may be moved between said Sections by an amendment to the annual operating budget during the final month of the State fiscal year with the prior approval of the Office of Planning and Budget. Provided, that of the above appropriation relative to Compensatory Education, $12,746,747 is designated and committed for a compensatory education program for stu dents in grades 3 through 8 and shall be used for remedial purposes only. Provided, how ever, where a local system Compensatory Education Plan justifies the need, the State Board of Education may approve usage of these funds for remedial purposes in grades 1 and 2. Provided, that the funds appropriated herein for local school construction shall be used to complete the funding of those projects for which F.Y. 1983 entitlements were sufficient TUESDAY, MARCH 16, 1982 2351 to cover eligible projects (pursuant to Section 48 of APEG) (Code Section 20-2-250), based on a total state entitlement of $100 million for F.Y. 1983. Provided, that of the above appropriation, relative to Capital Outlay, upon the merger of the Jackson County, Commerce and Jefferson City School Systems, $150,000 is desig nated and committed for planning and architectural design of the additional facilities needed to house comprehensive education programs at Commerce and Jefferson High Schools. Provided, that from the above appropriated amount for the High School Program-Local Program Budget up to $51,000, if available, is authorized to purchase vocational equip ment for the Dodge County Comprehensive High School. Provided, that from the above appropriated amount for the High School Program-Local Program Budget, $25,000 is designated and committed for the purchase of vocational equipment for Miller County High School. Such vocational technical schools shall not be authorized to offer or award associate, baccalaureate or graduate degrees, but shall be authorized to award diplomas or certifi cates for satisfactory completion of areas of study prescribed by the State Board of Educa tion. Provided, that of the above appropriation relative to compensatory education, $3,585,000 is designated and committed for a compensatory education program for students in grade 10 and shall be used for remedial purposes only. These funds will be used for compensa tory education teachers and auxiliary personnel in programs for students who fail or are at risk of failing to achieve the minimum standard level on the Georgia Basic Skills Test. Funds shall be distributed at the rate of $250 per student in grade 10 failing to achieve the minimum standard score on the math test or the reading test. Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System........................................................................................................$ 13,872,760 Employees' Retirement System Budget: Personal Services.......................................................................................................! 547,661 Regular Operating Expenses .....................................................................................$ 13,650 Travel..............................................................................................................................! 8,400 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 12,600 Equipment Purchases...................................................................................................! 4,500 Computer Charges....................................................................................................! 166,377 Real Estate Rentals....................................................................................................! 55,535 Telecommunications...................................................................................................! 11,633 Per Diem, Fees and Contracts................................................................................! 386,725 Postage..........................................................................................................................! 46,360 Employer Contribution.......................................................................................! 13,872,760 Total Funds Budgeted........................................................................................! 15,126,201 State Funds Budgeted.........................................................................................! 13,872,760 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services.......................................................................................................! 547,661 Regular Operating Expenses...............................................................................,.....! 13,650 Travel..............................................................................................................................! 8,400 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing..........................................................................................! 12,600 Equipment Purchases...................................................................................................! 4,500 Computer Charges....................................................................................................! 166,377 Real Estate Rentals ....................................................................................................$ 55,535 Telecommunications...................................................................................................! 11,633 Per Diem, Fees and Contracts................................................................................! 386,725 ge..........................................................................................................................! 46,360 2352 JOURNAL OF THE HOUSE, Employer Contribution .......................................................................................$ 13,872,760 Total Positions Budgeted 28 Authorized Motor Vehicles 1 Section 21. Forestry Commission. Budget Unit: Forestry Commission....................................................................! 21,214,448 1. Reforestation Budget: Personal Services.......................................................................................................! 926,485 Regular Operating Expenses ...................................................................................$ 774,345 Travel..............................................................................................................................? 5,200 Motor Vehicle Equipment Purchases ......................................................................$ 12,575 Publications and Printing............................................................................................? 2,325 Equipment Purchases.................................................................................................! 10,600 Computer Charges.............................................................................................................? -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications......................................................................... ..........................$ 10,225 Per Diem, Fees and Contracts..................................................................................? 16,560 Capital Outlay...................................................................................................................! ^0; Total Funds Budgeted..........................................................................................? 1,758,315 State Funds Budgeted..............................................................................................! 420,503 Total Positions Budgeted 34 2. Field Services Budget- Personal Services..................................................................................................? 14,973,195 Regular Operating Expenses................................................................................? 3,767,125 Travel............................................................................................................................? 90,000 Motor Vehicle Equipment Purchases................................................................................................................? 868,275 Publications and Printing..........................................................................................? 23,300 Equipment Purchases............................................................................................? 1,363,830 Computer Charges.............................................................................................................? -0- Real Estate Rentals....................................................................................................! 10,130 Telecommunications.................................................................................................? 450,000 Per Diem, Fees and Contracts..................................................................................? 38,345 Ware County Grant....................................................................................................? 60,000 Capital Outlay...........................................................................................................? 150,000 Total Funds Budgeted........................................................................................? 21,794,200 State Funds Budgeted.........................................................................................? 18,999,918 Total Positions Budgeted 807 3. General Administration and Support Budget: Personal Services.......................................................................................................? 657,995 Regular Operating Expenses.....................................................................................? 98,170 Travel............................................................................................................................? 16,060 Motor Vehicle Equipment Purchases......................................................................? 12,815 Publications and Printing..........................................................................................? 43,500 Equipment Purchases...................................................................................................! 2,550 Computer Charges....................................................................................................? 199,755 Real Estate Rentals..........................................................................................................? -0- Telecommunications...................................................................................................? 18,200 Per Diem, Fees and Contracts....................................................................................? 5,685 Contractual Research...............................................................................................? 352,000 Herty Foundation..............................................................................................................? -0- Total Funds Budgeted..........................................................................................? 1,406,730 State Funds Budgeted...........................................................................................! 1,394,027 Total Positions Budgeted 25 TUESDAY, MARCH 16, 1982 2353 4. Wood Energy Budget: Wood Energy Program.............................................................................................$ 400,000 Total Funds Budgeted .............................................................................................$ 400,000 State Funds Budgeted..............................................................................................$ 400,000 Total Positions Budgeted 4 Budget Unit Object Classes: Personal Services..................................................................................................! 16,557,675 Regular Operating Expenses ................................................................................$ 4,639,640 Travel..........................................................................................................................$ 111,260 Motor Vehicle Equipment Purchases................................................................................................................! 893,665 Publications and Printing..........................................................................................! 69,125 Equipment Purchases............................................................................................! 1,376,980 Computer Charges....................................................................................................! 199,755 Real Estate Rentals....................................................................................................! 10,130 Telecommunications.................................................................................................! 478,425 Per Diem, Fees and Contracts..................................................................................! 60,590 Contractual Research...............................................................................................! 352,000 Ware County Grant ....................................................................................................$ 60,000 Herty Foundation..............................................................................................................! -0- Wood Energy Program.............................................................................................! 400,000 Capital Outlay...........................................................................................................! 150,000 Total Positions Budgeted , 870 Authorized Motor Vehicles 751 It is the intent of this General Assembly that the Forestry Commission have authority to control the application of the Contractual Research funds in the above appropriation. Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation..............................................................................................! 17,450,491 1. General Administration Budget: Personal Services.......................................................................................................! 515,953 Regular Operating Expenses .....................................................................................$ 81,019 Travel..............................................................................................................................! 6,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 4,000 Equipment Purchases...................................................................................................! 1,860 Computer Charges........................................................................................................! 6,921 Real Estate Rentals ....................................................................................................$ 33,700 Telecommunications...................................................................................................! 21,370 Per Diem, Fees and Contracts....................................................................................! 3,200 Postage............................................................................................................................! 5,500 Capital Outlay ...................:...............................................................................................$ ^ Total Funds Budgeted .............................................................................................$ 680,023 State Funds Budgeted..............................................................................................! 673,223 Total Positions Budgeted 23 2. Investigative Division Budget: Personal Services....................................................................................................! 6,882,569 Regular Operating Expenses ................................................................................$ 1,162,262 Travel..........................................................................................................................! 374,800 Motor Vehicle Equipment Purchases....................................................................! 516,300 Publications and Printing..........................................................................................! 23,000 Equipment Purchases...............................................................................................! 105,412 Computer Charges ...........................................................................................................$ 600 Real Estate Rentals..................................................................................................! 132,180 2354 JOURNAL OF THE HOUSE, Telecommunications .................................................................................................$ 221,812 Per Diem, Fees and Contracts ....................................................................................$ 3,000 Evidence Purchased..................................................................................................! 200,000 Postage............................................................................................................................! 6,300 Capital Outlay...................................................................................................................! ^ Total Funds Budgeted ..........................................................................................$ 9,628,235 State Funds Budgeted...........................................................................................! 9,538,946 Total Positions Budgeted 244 3. Forensic Sciences Division Budget: Personal Services....................................................................................................! 2,262,712 Regular Operating Expenses ...................................................................................$ 426,030 Travel............................................................................................................................! 25,000 Motor Vehicle Equipment Purchases......................................................................! 30,000 Publications and Printing............................................................................................! 5,600 Equipment Purchases.................................................................................................! 77,300 Computer Charges......................................................................................................! 43,041 Real Estate Rentals....................................................................................................! 12,686 Telecommunications...................................................................................................! 77,300 Per Diem, Fees and Contracts.......................................................................................! 300 Postage..........................................................................................................................! 19,000 Capital Outlay ...................................................................................................................! ^ Total Funds Budgeted..........................................................................................! 2,978,969 State Funds Budgeted...........................................................................................! 2,949,179 Total Positions Budgeted 89 4. Georgia Crime Information Center Budget: Personal Services....................................................................................................! 1,774,607 Regular Operating Expenses ...................................................................................$ 100,000 Travel............................................................................................................................! 11,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 50,000 Equipment Purchases.................................................................................................! 25,000 Computer Charges.................................................................................................! 1,916,261 Real Estate Rentals......................................................................................................! 3,600 Telecommunications.................................................................................................! 392,000 Per Diem, Fees and Contracts..................................................................................! 40,000 Postage..........................................................................................................................! 20,000 Total Funds Budgeted..........................................................................................! 4,332,468 State Funds Budgeted...........................................................................................! 4,289,143 Total Positions Budgeted 97 Budget Unit Object Classes: Personal Services..................................................................................................! 11,435,841 Regular Operating Expenses ................................................................................$ 1,769,311 Travel..........................................................................................................................! 417,300 Motor Vehicle Equipment Purchases................................................................................................................! 546,300 Publications and Printing..........................................................................................! 82,600 Equipment Purchases...............................................................................................! 209,572 Computer Charges.................................................................................................! 1,966,823 Real Estate Rentals..................................................................................................! 182,166 Telecommunications.................................................................................................! 712,482 Per Diem, Fees and Contracts..................................................................................! 46,500 Evidence Purchased..................................................................................................! 200,000 Postage..........................................................................................................................! 50,800 Capital Outlay ...................................................................................................................$ -0- Total Positions Budgeted 453 Authorized Motor Vehicles 274 TUESDAY, MARCH 16, 1982 2355 Provided, however, that the Department is authorized to use funds, appropriated above for Personal Services, in the Investigative Division, to upgrade one position per region when designated as Assistant Special Agent in Charge in accordance with recommenda tions of the Merit System of Personnel Administration. Section 23. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission .......................................................................................$ -0- Departmental Operations Budget: Personal Services.......................................................................................................$ 867,635 Regular Operating Expenses .....................................................................................$ 32,500 Travel..............................................................................................................................$ 8,000 Motor Vehicle Equipment Purchases........................................................................................................................$ -0- Publications and Printing............................................................................................! 2,000 Equipment Purchases.......................................................................................................$ -0- Computer Charges ......................................................................................................$ 17,135 Real Estate Rentals....................................................................................................! 52,075 Telecommunications...................................................................................................$ 12,100 Per Diem, Fees and Contracts................................................................................! 110,000 Total Funds Budgeted ..........................................................................................$ 1,101,445 Total Expenditures Authorized ...........................................................................$ 1,090,431 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 29 Budget Unit Object Classes: Personal Services.......................................................................................................! 867,635 Regular Operating Expenses .....................................................................................$ 32,500 Travel..............................................................................................................................! 8,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing............................................................................................! 2,000 Equipment Purchases.......................................................................................................! -0- Computer Charges ......................................................................................................$ 17,135 Real Estate Rentals....................................................................................................! 52,075 Telecommunications...................................................................................................! 12,100 Per Diem, Fees and Contracts................................................................................! 110,000 Total Positions Budgeted 29 Authorized Motor Vehicles 0 Section 24. Office of the Governor. A. Budget Unit: Governor's Office.........................................................................! 4,234,854 1. Governor's Office Budget: Cost of Operations.................................................................................................! 1,684,187 Transition Allowance..................................................................................................! 50,000 Mansion Allowance.....................................................................................................! 40,000 Governor's Emergency Fund................................................................................! 2,000,000 Intern Stipends and Travel.....................................................................................! 123,298 Total Funds Budgeted..........................................................................................! 3,897,485 State Funds Budgeted...........................................................................................! 3,897,485 There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his discretion in any emergency that he may determine requires expenditure of any part of said fund. Expendi tures from this fund shall be made in accordance with other provisions of State law and the Constitution. 2356 JOURNAL OF THE HOUSE, Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of inva sion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforce ment of the law by force or violence, or imminent danger thereof or other grave emergency when available funds are not sufficient for such purposes. 2. Office of Fair Employment Practices Budget: Personal Services.......................................................................................................! 336,000 Regular Operating Expenses .......................................................................................$ 9,218 Travel............................................................................................................................$ 12,600 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 1,075 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 20,132 Telecommunications...................................................................................................! 10,459 Per Diem, Fees and Contracts..................................................................................! 22,000 Total Funds Budgeted .............................................................................................! 411,484 State Funds Budgeted..............................................................................................! 337,369 Total Positions Budgeted 15 Budget Unit Object Classes: Cost of Operations.................................................................................................! 1,684,187 Transition Allowance..................................................................................................! 50,000 Mansion Allowance.....................................................................................................! 40,000 Governor's Emergency Fund................................................................................$ 2,000,000 Intern Stipends and Travel.....................................................................................! 123,298 Personal Services.......................................................................................................! 336,000 Regular Operating Expenses.......................................................................................! 9,218 Travel............................................................................................................................! 12,600 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 1,075 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 20,132 Telecommunications...................................................................................................! 10,459 Per Diem, Fees and Contracts..................................................................................! 22,000 Total Positions Budgeted 15 Authorized Motor Vehicles 1 B. Budget Unit: Office of Planning and Budget....................................................................................................! 6,860,640 1. General Administration and Support Budget: Personal Services.......................................................................................................! 455,040 Regular Operating Expenses.....................................................................................! 93,800 Travel..............................................................................................................................! 9,800 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 33,000 Equipment Purchases...................................................................................................! 2,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals..................................................................................................! 172,476 Telecommunications...................................................................................................! 10,000 Per Diem, Fees and Contracts..................................................................................! 68,000 Total Funds Budgeted .............................................................................................$ 844,116 State Funds Budgeted..............................................................................................! 835,675 Total Positions Budgeted 15 TUESDAY, MARCH 16, 1982 2357 2. Council of the Arts Budget: Personal Services.......................................................................................................! 151,000 Regular Operating Expenses .....................................................................................$ 11,163 Travel..............................................................................................................................$ 5,500 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 7,500 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals ....................................................................................................$ 19,745 Telecommunications.....................................................................................................! 7,875 Per Diem, Fees and Contracts....................................................................................! 9,000 Art Grants - State Funds.....................................................................................! 1,442,806 Art Grants - Federal Funds ....................................................................................! 281,525 Art Grants - Donations..............................................................................................! 20,000 Total Funds Budgeted..........................................................................................! 1,956,114 State Funds Budgeted...........................................................................................! 1,652,471 Total Positions Budgeted 8 3. Educational Development Budget: Personal Services.......................................................................................................! 283,000 Regular Operating Expenses.......................................................................................! 1,300 Travel..............................................................................................................................! 7,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 5,000 Computer Charges........................................................................................................! 4,000 Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 3,500 Per Diem, Fees and Contracts....................................................................................! 8,000 Total Funds Budgeted .............................................................................................$ 312,300 State Funds Budgeted..............................................................................................! 309,177 Total Positions Budgeted 9 4. Intergovernmental Relations Budget: Personal Services.......................................................................................................! 210,200 Regular Operating Expenses .....................................................................................,,! 3,097 Travel............................................................................................................................! 31,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing...............................................................................................! 300 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 9,000 Per Diem, Fees and Contracts....................................................................................! 2,000 Total Funds Budgeted .............................................................................................! 255,597 State Funds Budgeted..............................................................................................! 253,041 Total Positions Budgeted 7 5. Management Review Budget: Personal Services.......................................................................................................! 578,078 Regular Operating Expenses .......................................................................................$ 1,750 Travel..............................................................................................................................! 7,500 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing............................................................................................! 1,200 Equipment Purchases......................................................................................................! 575 Computer Charges......................................................................................................! 40,000 Real Estate Rentals..........................................................................................................! -0Telecommunications.....................................................................................................! 8,000 2358 JOURNAL OF THE HOUSE, Per Diem, Fees and Contracts ....................................................................................$ 1,300 Total Funds Budgeted .............................................................................................$ 638,403 State Funds Budgeted..............................................................................................! 632,019 Total Positions Budgeted 21 6. Human Development Budget: Personal Services.......................................................................................................$ 350,584 Regular Operating Expenses .......................................................................................$ 1,800 Travel..............................................................................................................................! 5,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases......................................................................................................! 500 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 4,400 Per Diem, Fees and Contracts........................................................................................! -0- Total Funds Budgeted .............................................................................................$ 362,284 State Funds Budgeted..............................................................................................! 358,662 Total Positions Budgeted 11 7. Office of Consumer Affairs: Personal Services.......................................................................................................! 925,588 Regular Operating Expenses .....................................................................................$ 43,000 Travel............................................................................................................................! 15,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 6,000 Equipment Purchases...................................................................................................! 1,600 Computer Charges........................................................................................................! 6,426 Real Estate Rentals ....................................................................................................$ 56,062 Telecommunications.................................................................................................! 102,000 Per Diem, Fees and Contracts....................................................................................! 7,000 Total Funds Budgeted ..........................................................................................$ 1,162,676 State Funds Budgeted..............................................................................................! 812,568 Total Positions Budgeted 44 8. State Energy Office Budget: Personal Services.......................................................................................................! 310,328 Regular Operating Expenses.....................................................................................! 19,000 Travel............................................................................................................................! 35,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 75,000 Equipment Purchases...................................................................................................! 1,200 Computer Charges........................................................................................................! 8,000 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications.......................................................................................... .........$ 18,000 Per Diem, Fees and Contracts.............................................................................! 3,662,068 Total Funds Budgeted ..........................................................................................$ 4,128,596 State Funds Budgeted..............................................................................................! 297,118 Total Positions Budgeted 12 9. Governor's Committee on Post-Secondary Education Budget: Personal Services......................................................................................................-! 118,000 Regular Operating Expenses.....................................................................................! 11,550 Travel..............................................................................................................................! 3,000 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing............................................................................................! 9,700 Equipment Purchases.......................................................................................................! -0Computer Charges ........................................................................................................$ 6,000 TUESDAY, MARCH 16, 1982 2359 Real Estate Rentals ......................................................................................................$ 8,110 Telecommunications.....................................................................................................? 1,795 Per Diem, Fees and Contracts....................................................................................? 4,800 Total Funds Budgeted .............................................................................................$ 162,955 State Funds Budgeted..............................................................................................? 162,593 Total Positions Budgeted 4 10. Facilities Management Budget: Personal Services.......................................................................................................$ 105,000 Regular Operating Expenses ..........................................................................................$ 300 Travel..............................................................................................................................! 5,600 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................? 2,000 Equipment Purchases.......................................................................................................? -0- Computer Charges......................................................................................................? 99,332 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications.....................................................................................................$ 3,000 Per Diem, Fees and Contracts..................................................................................? 35,000 Total Funds Budgeted .............................................................................................$ 250,232 State Funds Budgeted..............................................................................................? 247,730 Total Positions Budgeted 3 11. Physical and Economic Development Budget: Personal Services.......................................................................................................? 323,000 Regular Operating Expenses.......................................................................................? 6,000 Travel............................................................................................................................? 13,000 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing............................................................................................? 1,000 Equipment Purchases......................................................................................................? 800 Computer Charges.............................................................................................................? -0- Real Estate Rentals..........................................................................................................? -0- Telecommunications.....................................................................................................? 8,000 Per Diem, Fees and Contracts..................................................................................? 10,000 Total Funds Budgeted .............................................................................................$ 361,800 State Funds Budgeted..............................................................................................? 358,182 Total Positions Budgeted 12 12. General Government and Protection of Persons and Property Budget: Personal Services.......................................................................................................? 358,727 Regular Operating Expenses.......................................................................................? 2,850 Travel..............................................................................................................................? 7,800 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing................................................................................................? -0- Equipment Purchases...................................................................................................? 1,000 Computer Charges.............................................................................................................? -0- Real Estate Rentals..........................................................................................................? -0- Telecommunications.....................................................................................................? 5,000 Per Diem, Fees and Contracts........................................................................................? -0- Total Funds Budgeted.............................................................................................? 375,377 State Funds Budgeted..............................................................................................? 371,623 Total Positions Budgeted 11 13. Consumer's Utility Counsel Budget: Personal Services.......................................................................................................? 280,000 Regular Operating Expenses.....................................................................................? 11,695 Travel..............................................................................................................................? 7,500 Motor Vehicle Equipment Purchases............................................................................? -0- 2360 JOURNAL OF THE HOUSE, Publications and Printing...............................................................................................$ 972 Equipment Purchases.......................................................................................................$ -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals ....................................................................................................$ 18,312 Telecommunications .....................................................................................................$ 5,900 Per Diem, Fees and Contracts ..................................................................................$ 30,000 Total Funds Budgeted .............................................................................................$ 354,379 State Funds Budgeted..............................................................................................$ 350,835 Total Positions Budgeted 13 14. Criminal Justice Coordinating Council Budget: Personal Services..............................................................................................----! 162,133 Regular Operating Expenses.....................................................................................$ 11,750 Travel..............................................................................................................................! 8,700 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 12,000 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals.....................................................................................................-! 6,875 Telecommunications.....................................................................................................! 4,750 Per Diem, Fees and Contracts..................................................................................! 14,950 Total Funds Budgeted.............................................................................................! 221,158 State Funds Budgeted.............................................................................................-! 218,946 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services............................................--................---.........................! 4,610,678 Regular Operating Expenses ...................................................................................$ 219,055 Travel..........................................................................................................................$ 161,900 Motor Vehicle Equipment Purchases..................................................... .......................$ -0- Publications and Printing........................................................................................! 148,672 Equipment Purchases...................--......--..........................................................--..! 12,675 Computer Charges.........................................................-........................................! 163,758 Real Estate Rentals ..................................................................................................$ 281,580 Telecommunications...................--.----.----...------.--...'...........................--.........--! 191,220 Per Diem, Fees and Contracts.......................-.........-.......................................! 3,852,118 Art Grants - State Funds.....................................................................................! 1,442,806 Art Grants - Federal Funds ..................................................................................,,! 281,525 Art Grants - Donations..........-.....................----........----.----....--.------! 20,000 Total Positions Budgeted 175 Authorized Motor Vehicles 0 Provided, however, that of the above appropriation relative to Art Grants - State Funds, not less than 95% of !1,442,806 is designated and committed for Grants to Counties, Cities and Non-Profit Organizations in the State of Georgia. Section 25. Grants to Counties and Municipalities. Budget Unit: Grants to Counties and Municipalities.......................................................----..................--------! 6,800,000 1. Grants to Counties.........................................------------.--------...--------! 2,600,000 Total Funds Budgeted....................................................................--..----....-! 2,600,000 State Funds Budgeted.............................................................................----.......! 2,600,000 2. Grants to Municipalities........................................................----------------! 4,200,000 Total Funds Budgeted..........................................................................................! 4,200,000 State Funds Budgeted....................................................................----....-..----! 4,200,000 TUESDAY, MARCH 16, 1982 2361 Budget Unit Object Classes: Grants to Counties.................................................................................................! 2,600,000 Grants to Municipalities .......................................................................................$ 4,200,000 Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter. Section 26. Department of Human Resources. A. Budget Unit: Departmental Operations .................................................................................................$ 235.602,089 1. General Administration and Support Budget: Personal Services..................................................................................................! 14,014,200 Regular Operating Expenses ................................................................................$ 2,624,905 Travel..........................................................................................................................! 591,525 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing........................................................................................! 143,430 Equipment Purchases.................................................................................................! 87,305 Computer Charges....................................................................................................! 974,396 Real Estate Rentals...............................................................................................! 2,814,200 Telecommunications.................................................................................................! 530,980 Per Diem, Fees and Contracts.............................................................................! 1,086,070 Utilities.......................................................................................................................! 153,200 Postage........................................................................................................................! 536,800 Capital Outlay ...................................................................................................................1^; Total Funds Budgeted........................................................................................! 23,557,011 Indirect DOAS Services Funding...................................................................................! -0- IndirectGBA Funding .....................................................................................................$ -0- Agency Funds.......................................................................................................! 10,509,023 Social Services Block Grant Funds............................................................................................! 1,655,800 State Funds Budgeted.........................................................................................! 11,392,188 Total Positions Budgeted 720 Authorized Motor Vehicles 7 General Administration and Support Functional Budgets Total Funds State Funds Pos. Commissioner's Office ! 559,200 ! 554,200 16 Child Care Licensing ! 1,220,400 ! 1,115,400 55 Laboratory Improvement ! 498,901 ! 412,901 19 Child Support Recovery ! 6,587,080 $ 727,800 282 Contract Management ! 175,080 ! 173,080 7 Public Affairs ! 323,755 ! 320,555 12 Office of Administrative Appeals ! 602,900 ! 596,900 22 Health Care Facilities Regulations ! 1,699,999 ! 599,999 64 Radiological Health $ 379,700 ! 375,700 14 2362 JOURNAL OF THE HOUSE, Administrative Policy, Coordination and Direction Personnel Administrative Support Services Office of Review and Investigation Systems Planning, Development and Training Program Analysis Electronic Data Processing, Planning and Coordination Facilities Management Regulatory Services Program Direction and Support MH/MR Advisory Council Council on Family Planning Developmental Disabilities Council on Maternal and Infant Health Community and Intergovern mental Affairs Indirect Cost Undistributed Total $ 1,903,765 $ 1,901,765 4 $ 1,458,290 $ 1,381,290 70 $ 1,826,640 $ 1,792,840 52 $ 1,284,560 $ 299,420 43 $ 266,250 $ 264,250 9 $ 122,380 $ 121,380 5 $ 385,116 $ 385,116 0 $ 3,037,160 $ 2,308,860 8 $ 471,980 $ 467,980 15 $ 41,050 $ 41,050 1 $ 66,800 $ 6,700 2 $ 283,800 $ -0-- 9 $ 91,355 $ 91,355 $ 270,850 $ 267,850 $ -- 0-- $ (2,814,203) 0 I -0- $ --0-- 0 $ 23,557,011 $ 11,392,188 720 2. Financial Management Budget: Personal Services....................................................................................................$ 4,941,000 Regular Operating Expenses ...................................................................................$ 132,500 Travel..........................................................................................................................$ 191,400 Motor Vehicle Equipment Purchases............................................................................$ -0Publications and Printing..........................................................................................$ 20,000 Equipment Purchases.......................................................................................................$ -0Computer Charges.............................................................................................................$ -0Real Estate Rentals ......................................................................................................$ 3,800 Telecommunications.....................................................................................................$ 1,000 Per Diem, Fees and Contracts................................................................................$ 115,000 Utilities ...............................................................................................................................$ -0Postage...............................................................................................................................$ 100 Institutional Repairs and Maintenance...................................................................................................$ 500,000 Total Funds Budgeted ..........................................................................................$ 5,904,800 Social Services Block Grant Funds ................................................................................$ -0Agency Funds .........................................................................................................$ 2,402,275 TUESDAY, MARCH 16, 1982 2363 State Funds Budgeted...........................................................................................! 3,502,525 Total Positions Budgeted 236 Authorized Motor Vehicles 0 Financial Management Functional Budgets Total Funds State Funds Pos. Budget Administration $ 1,471,300 $ 1,466,300 37 Accounting Services $ 2,673,300 $ 2,657,300 138 Auditing Services $ 1,760,200 $ 1,750,200 61 Indirect Cost $ --0- $ (2,371,275) 0 Undistributed $ --0-- $ --0-- 0 Total $ 5,904,800 $ 3,502,525 236 3. Special Programs: Personal Services....................................................................................................! 2,781,945 Regular Operating Expenses ..............................................................................$ 13,778,315 Travel..........................................................................................................................! 132,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing........................................................................................! 108,200 Equipment Purchases...................................................................................................! 7,700 Computer Charges....................................................................................................! 287,202 Real Estate Rentals....................................................................................................! 57,600 Telecommunications...................................................................................................! 75,250 Per Diem, Fees and Contracts...........................................................................! 34,212,654 Menninger Group Homes ........................................................................................$ 275,000 Contract - Georgia Advocacy Office, Inc.............................................................................................! 215,000 Utilities...............................................................................................................................! -0- Postage..........................................................................................................................$ 37,000 Benefits for Child Care............................................................................................! 640,000 Total Funds Budgeted........................................................................................! 52,607,866 Social Services Block Grant Funds..........................................................................................! 15,873,000 Indirect DOAS Services Funding...................................................................................! -0- Agency Funds.......................................................................................................! 30,544,275 State Funds Budgeted...........................................................................................! 6,190,591 Total Positions Budgeted 120 Authorized Motor Vehicles 111 Special Programs Functional Budgets Total Funds State Funds Pos. State Economic Opportunity Office ! 251,350 $ 123,675 8 District Programs, Director's Office $ 595,030 ! 555,430 21 Child Development Administration $ 1,061,600 ! 365,900 39 Child Development Contracts - Foster Care ! 290,736 $ 14,336 0 2364 JOURNAL OF THE HOUSE, Special Projects Child Development Contracts - Day Care Child Development Contracts - Home Management Child Development Contracts - Outreach Information and Referral Troubled Children Benefits Council on Aging Energy Assistance Title XX Administration Community Services Undistributed Total $ 597,900 $ 19,435,297 $ 281,658 $ 635,133 $ 325,340 $ 915,000 $ 44,870 $ 17,320,000 $ 984,302 $ 9,712,000 ! 157,650 $ 52,607,866 597,900 0 2,595,797 0 48,958 0 0 0 0 1 4 32 15 0 120 4. Public Health - Program Direction and Support Budget: Personal Services.......,............................................................................................$ 2,251,700 Regular Operating Expenses ...................................................................................$ 120,890 Travel............................................................................................................................$ 57,700 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 50,800 Equipment Purchases......................................................................................................! 730 Computer Charges ....................................................................................................$ 357,368 Real Estate Rentals..........................................................................................................! -0- Telecommunications .................................................................................................$ 193,200 Per Diem, Fees and Contracts.............................................................................! 5,449,190 Utilities...............................................................................................................................! -0- Postage............................................................................................................................! 1,450 Total Funds Budgeted ..........................................................................................$ 8,483,028 Indirect DOAS Services Funding....,..............................................................................! -0- Agency Funds.........................................................................................................! 5,488,130 State Funds Budgeted...........................................................................................! 2,994,898 Total Positions Budgeted 114 Authorized Motor Vehicles 0 Public Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office 5 487,680 $ 482,680 8 Employee's Health 249,310 $ 212,310 9 Primary Health Care 8 5,627,715 $ 300,585 10 Health Program Management 5 609,330 $ 519,330 27 Vital Records $ 932,700 $ 909,700 53 TUESDAY, MARCH 16, 1982 2365 Health Services Research Undistributed Total $ 508,768 $ 502,768 7 $ 67,525 $ 67,525 0 $ 8,483,028 $ 2,994,898 114 5. Public Health - Family Health Budget: Personal Services....................................................................................................$ 5,558,840 Regular Operating Expenses ................................................................................$ 2,022,834 Travel......................................................................................................................-....$ 295,600 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing........................................................................................! 130,800 Equipment Purchases...................................................................................................! 6,780 Computer Charges....................................................................................................! 122,703 Real Estate Rentals......................................................................................................! 3,500 Telecommunications...................................................................................................! 47,550 Per Diem, Fees and Contracts.............................................................................! 6,367,470 Utilities...............................................................................................................................! -0- Postage..........................................................................................................................! 20,850 Regional Grants for Prenatal and Postnatal Care Programs ..................................................................................$ 3,879,000 Crippled Children Benefits ..................................................................................$ 3,307,500 Kidney Disease Benefits ..........................................................................................$ 577,500 Cancer Control Benefits........................................................................................! 1,985,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program ............................................................................................$ 100,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants............................................................................................................! 25,000 Grant to Grady Hospital for Cystic Fibrosis Program.........................................................................................! 40,000 Contract with Emory University for Cancer Research..............................................................................................! 111,000 Contract with Emory University for Arthritis Research...........................................................................................! 200,000 Contract for Scoliosis Screening...............................................................................! 40,000 Family Planning Benefits ........................................................................................$ 226,530 Total Funds Budgeted........................................................................................! 25,068,457 Indirect DOAS Services Funding...................................................................................! -0- Agency Funds.......................................................................................................! 11,125,699 State Funds Budgeted.........................................................................................! 13,942,758 Total Positions Budgeted 242 Authorized Motor Vehicles 4 Public Health - Family Health Functional Budgets Total Funds State Funds Pos. Family Health Management $ 6,081,220 $ 336,570 23 Cancer Control $ 2,615,330 $ 2,376,330 6 Crippled Children $ 4,841,730 $ 2,643,388 60 Immunization $ 520,200 $ --0-- 17 Maternal Health $ 225,500 $ 223,500 6 2366 JOURNAL OF THE HOUSE, Sexually Transmitted Diseases Infant and Child Health Diabetes Chronic Disease Coordination, Education, Prevention Malnutrition Stroke and Heart Attack Prevention Family Planning Epidemiology Dental Health Community Tuberculosis Control Undistributed Total $ 200,700 $ 198,700 6 ? 4,509,050 $ 4,454,050 12 $ 208,850 $ 59,748 5 $ 1,503,574 $ 1,498,574 22 $ 653,720 $ -0- 10 $ 591,500 $ -- 0-- 18 $ 149,200 $ 148,200 6 ? 840,133 $ 52,133 13 $ 995,725 $ 829,540 11 $ 69,300 $ 69,300 3 $ 1,052,725 $ 1,042,725 24 $ 10,000 $ 10,000 0 $ 25,068,457 $ 13,942,758 242 6. Public Health - Community Health Budget- Personal Services....................................................................................................! 3,161,000 Regular Operating Expenses ...................................................................................$ 459,500 Travel............................................................................................................................$ 53,900 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................? 44,100 Equipment Purchases.................................................................................................? 58,365 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications.....................................................................................................? 5,000 Per Diem, Fees and Contracts................................................................................? 829,015 Utilities...............................................................................................................................? -0- Postage..........................................................................................................................? 13,300 Total Funds Budgeted..........................................................................................? 4,624,180 Indirect DOAS Services Funding...................................................................................? -0- Agency Funds............................................................................................................? 823,772 State Funds Budgeted...........................................................................................? 3,800,408 Total Positions Budgeted 152 Authorized Motor Vehicles 1 Public Health - Community Health Functional Budgets Total Funds State Funds Pos. Occupational and Radiological Health 773,572 $ 232,800 7 Laboratory Services ( 3,175,740 $ 2,970,740 129 Emergency Health { 587,900 $ 509,900 16 Undistributed | 86,968 | 86,968 0 Total 5 4,624,180 $ 3,800,408 152 TUESDAY, MARCH 16, 1982 2367 7. Public Health - Local Services Budget: Personal Services..................................................................................................$ 12,350,000 Regular Operating Expenses ................................,.............................................$ 23,264,500 Travel..........................................................................................................................! 484,800 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing..........................................................................................! 31,700 Equipment Purchases.................................................................................................! 43,410 Real Estate Rentals..................................................................................................! 195,920 Telecommunications.................................................................................................! 144,100 Per Diem, Pees and Contracts.............................................................................! 4,983,847 Utilities...........................................................................................................................! 7,050 Postage.............................................................................................,............................! 32,150 Contract - Macon-Bibb County Hospital Authority.............................................................................................! 3,000,000 Grant to Counties for Metabolic Disorders Screening and Treatment......................................................................................! 45,000 Family Planning Benefits.........................................................................,................! 75,000 Midwifery Program Benefits...................................................................................! 175,000 Crippled Children Benefits..................................................................................! 1,220,000 Grants to Counties for Teenage Pregnancy Prevention ..........................................................................................$ 250,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants...............................................................................................! 3,600,000 Grant for DeKalb County Mental Retardation Project................................................................................................! 51,000 Grant for Chatham County Mental Retardation Project...................................................................................! 49,000 Grant-In-Aid to Counties ...................................................................................$ 29,473,948 Total Funds Budgeted........................................................................................! 79,476,425 Indirect DOAS Services Funding...................................................................................! -0- Agency Funds.......................................................................................................! 36,112,320 State Funds Budgeted.........................................................................................! 43,364,105 Total Positions Budgeted 563 Authorized Motor Vehicles 2 Public Health - Local Services Functional Budgets Total Funds State Funds Pos. Minimum Foundation ! 7,057,054 ! 6,948,780 224 Grant-In-Aid to Counties ! 29,024,358 $ 26,031,273 0 Stroke and Heart Attack Prevention ! 1,091,242 ! 557,242 20 Family Planning $ 5,633,400 ! 2,520,400 183 Sickle Cell, Vision and Hearing $ 353,100 ! 350,100 15 Sexually Transmitted Diseases $ 1,072,850 ! 85,000 29 High Risk Pregnant Women and Their Infants $ 4,066,900 ! 4,063,900 19 2368 JOURNAL OF THE HOUSE, Newborn Follow-Up Care $ 289,750 $ 287,750 12 District Dental $ 1,118,835 ? 902,660 18 Teenage Pregnancy Prevention $ 250,000 $ 250,000 0 District Crippled Children $ 2,187,050 $ 1,367,000 33 Mental Retardation Projects $ 100,000 $ -- 0-- 0 Malnutrition $ 27,231,886 $ -0- 10 Undistributed $ --0-- $ -0- 0 Total $ 79,476,425 $ 43,364,105 563 . Mental Health - Program Direction and Support Budget: Personal Services....................................................................................................$ 3,308,100 Regular Operating Expenses ...................................................................................$ 127,850 Travel..........................................................................................................................$ 153,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................? 79,000 Equipment Purchases...................................................................................................? 1,000 Computer Charges .................................................................................................$ 1,178,162 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .................................................................................................$ 219,000 Per Diem, Fees and Contracts................................................................................? 199,700 Utilities...............................................................................................................................? -0- Postage............................................................................................................................? 1,150 Total Funds Budgeted..........................................................................................? 5,266,962 Social Services Block Grant Funds..........................................................................? 15,000 Indirect DOAS Services Funding...................................................................................? -0- Agency Funds............................................................................................................? 620,220 State Funds Budgeted...........................................................................................? 4,631,742 Total Positions Budgeted 131 Mental Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Administration ? 2,965,862 ? 2,937,862 63 Special Projects and Contracts ? 60,550 ? -0- 2 Program Coordination Undistributed ? 2,240,550 ? 1,693,880 66 ? --0-- ? -0- 0 Total ? 5,266,962 ? 4,631,742 131 9. Purchase of Social Services: Personal Services...............................................................................................................? -0Regular Operating Expenses...........................................................................................? -0Travel..................................................................................................................................? -0Motor Vehicle Equipment Purchases........................................................................................................................? -0Publications and Printing................................................................................................? -0Equipment Purchases.......................................................................................................? -0- TUESDAY, MARCH 16, 1982 2369 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .........................................................................................................$ -0- Per Diem, Fees and Contracts ................................................................................$ 440,000 Utilities ...............................................................................................................................$ -0- Postage................................................................................................................................! -0- W.I.N. Benefits..........................................................................................................! 575,669 Grants to Fulton County for 24- hour Emergency Social Services .........................................................................$ 173,400 Benefits for Child Care .......................................................................................$ 15,691,771 Homemaker Meals....................................................................................................$ 106,961 Chatham County Homemaker Project ..................................................................$ 482,000 Douglas County Homemaker Project.....................................................................! 127,000 Fulton County Homemaker Project......................................................................-! 328,000 Total Funds Budgeted ........................................................................................$ 17,924,801 Agency Funds .........................................................................................................$ 5,982,564 Social Services Block Grant Funds ............................................................................................$ 1,230,600 State Funds Budgeted.........................................................................................! 10,711,637 Total Positions Budgeted 0 Purchase of Social Services Functional Budgets Total Funds State Funds Pos. Work Incentive Benefits I 575,669 I 57,566 0 Grants'to Fulton County for 24-hour Emergency Social Services $ 173,400 $ 173,400 0 Legal Services $ 440,000 $ 215,000 0 AFDC - Family Foster Care $ 2,150,000 $ 725,000 0 AFDC - Institutional Foster Care $ 829,298 279,640 0 Specialized Foster Care $ 53,064 53,064 0 Child Welfare Family Foster Care $ 4,186,000 2,700,000 0 Adoption Supplement $ 250,000 98,700 0 Non-AFDC Institutional Foster Care 240,000 240,000 0 Liability Insurance 15,400 15,400 0 Emergency Shelter Care 71,386 71,386 0 Day Care 604,300 180,100 0 Psychiatric, Psychological and Speech Therapy 130,000 130,000 0 Return of Runaways - County 7,000 7,000 0 Homemaker Projects 1,043,961 256,561 0 Undistributed 7,155,323 5,508,820 0 Total 17,924,801 10,711,637 0 2370 JOURNAL OF THE HOUSE, 10. Youth Services - Program Direction and Support: Personal Services.......................................................................................................$ 754,000 Regular Operating Expenses .....................................................................................$ 18,000 Travel............................................................................................................................! 18,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 4,000 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 20,100 Per Diem, Fees and Contracts....................................................................................! 3,500 Utilities...............................................................................................................................! -0- Postage................................................................................................................................$ -0- Benefits for Child Care....................................................................................................! -0- Total Funds Budgeted .............................................................................................$ 817,600 Indirect DOAS Services Funding...................................................................................! -0- Agency Funds................................................................................................................! 8,000 State Funds Budgeted..............................................................................................! 809,600 Total Positions Budgeted 29 Authorized Motor Vehicles 0 11. Services to the Aged Budget: Personal Services.......................................................................................................! 996,000 Regular Operating Expenses .....................................................................................$ 27,800 Travel............................................................................................................................! 42,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing..........................................................................................! 14,000 Equipment Purchases...................................................................................................! 2,300 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 3,100 Telecommunications...................................................................................................! 29,000 Per Diem, Fees and Contracts...........................................................................! 20,953,077 Utilities................................................................................................................................! 60 Postage...............................................................................................................................! 200 Total Funds Budgeted ........................................................................................$ 22,067,537 Social Services Block Grant Funds .................'...........................................................................$ 3,368,035 Agency Funds.......................................................................................................! 16,949,941 State Funds Budgeted...........................................................................................! 1,749,561 Total Positions Budgeted 41 Authorized Motor Vehicles 224 Services to the Aged Functional Budgets Total Funds State Funds Pos. Title XX Adult Services $ 4,083,664 $ 539,062 0 Administration arid Planning ! 2,495,540 $ 350,036 41 Nutrition Grants $ 8,886,845 $ 493,714 0 Areawide Grants $ 6,601,488 $ 366,749 0 Undistributed ! --0-- $ --0-- 0 Total ! 22,067,537 $ 1,749,561 41 TUESDAY, MARCH 16, 1982 2371 12. Vocational Rehabilitation - Program Direction and Support Budget: Personal Services....................................................................................................$ 1,410,000 Regular Operating Expenses .....................................................................................$ 91,600 Travel............................................................................................................................$ 75,500 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 30,900 Equipment Purchases.......................................................................................................$ -0- Computer Charges ....................................................................................................$ 543,379 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications...................................................................................................$ 72,000 Per Diem, Fees and Contracts................................................................................$ 483,222 Utilities ...............................................................................................................................$ -0- Postage............................................................................................................................$ 2,300 E.S.R.P. Case Services ...............................................................................................$ 75,000 Grants for Nephrology Centers...............................................................................! 210,000 Total Funds Budgeted ..........................................................................................$ 2,993,901 Indirect DOAS Services Funding ...................................................................................$ -0- Agency Funds .........................................................................................................$ 1,853,800 State Funds Budgeted...........................................................................................$ 1,140,101 Total Positions Budgeted 53 Vocational Rehabilitation - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 2,085,379 $ 747,379 45 Grants Management $ 908,522 $ 392,722 8 Undistributed $ --0-- $ --0-- 0 Total $ 2,993,90] $ 1,140,101 53 13. Vocational Rehabilitation - Facilities Budget: Personal Services....................................................................................................$ 3,113,300 Regular Operating Expenses ...................................................................................$ 363,880 Travel............................................................................................................................$ 21,500 Motor Vehicle Equipment Purchases ......................................................................$ 12,000 Publications and Printing............................................................................................! 1,270 Equipment Purchases.................................................................................................! 17,500 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..................................................................................................$ 130,000 Telecommunications...................................................................................................! 38,800 Per Diem, Fees and Contracts................................................................................! 104,300 Utilities.........................................................................................................................! 80,600 Postage............................................................................................................................! 4,150 Capital Outlay...................................................................................................................! -0- Case Services......................................................................................................................! -0- Total Funds Budgeted ..........................................................................................$ 3,887,300 Indirect DOAS Services Funding...................................................................................! -0- Agency Funds .........................................................................................................$ 3,167,880 State Funds Budgeted..............................................................................................! 719,420 Total Positions Budgeted 167 Authorized Motor Vehicles 19 2372 JOURNAL OF THE HOUSE, Vocational Rehabilitation - Facilities Functional Budgets Total Funds State Funds Pos. Youth Development Center - V. R. Unit $ 353,760 $ 65,502 15 Atlanta Rehabilitation Center $ 1,908,850 $ 364,850 76 Alto Rehabilitation Center $ 265,040 $ 52,508 12 Cave Spring Rehabilitation Center $ 350,500 $ 66,800 18 Central Rehabilitation Center $ 664,650 $ 101,360 27 Georgia Vocational Adjustment Center - Gracewood ! 344,500 $ 68,400 19 Undistributed | --0-- I --0-- 0 Total $ 3,887,300 $ 719,420 167 14. Roosevelt Warm Springs Rehabilitation Institute: Personal Services....................................................................................................! 7,400,000 Regular Operating Expenses ................................................................................$ 1,711,280 Travel............................................................................................................................! 47,680 Motor Vehicle Equipment Purchases..................................................................................................................! 51,025 Publications and Printing..........................................................................................! 22,170 Equipment Purchases.................................................................................................! 76,445 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .................................................................................................$ 149,000 Per Diem, Fees and Contracts.............................................................................$ 1,086,085 Utilities.......................................................................................................................! 445,600 Postage..........................................................................................................................! 12,980 Case Services.............................................................................................................! 575,000 Capital Outlay ........................................................................................................$ 2,400,000 Operations..........................................................................................................................! -0- Total Funds Budgeted........................................................................................! 13,977,265 Indirect DOAS Services Funding...................................................................................! -0- Agency Funds.........................................................................................................! 9,124,800 State Funds Budgeted...........................................................................................! 4,852,465 Total Positions Budgeted 425 Authorized Motor Vehicles 24 Roosevelt Warm Springs Rehabilitation Institute Functional Budgets Total Funds State Funds Pos. Administration $ 6,989,830 $ 4,102,330 128 Rehabilitation Services $ 5,842,272 $ 32,972 255 Instruction $ 430,030 $ 7,030 16 Independent Living $ 526,000 $ 526,000 21 Research/Training $ 189,133 $ 184,133 5 TUESDAY, MARCH 16, 1982 2373 Undistributed Total $ --0-- $ --0-- 0 $ 13,977,265 $ 4,852,465 425 15. Georgia Factory for the Blind Budget: Personal Services....................................................................................................? 2,706,000 Regular Operating Expenses ................................................................................$ 4,812,495 Travel............................................................................................................................$ 54,800 Motor Vehicle Equipment Purchases ......................................................................$ 36,600 Publications and Printing............................................................................................? 3,400 Equipment Purchases.................................................................................................? 95,000 Computer Charges.............................................................................................................? -0- Real Estate Rentals....................................................................................................? 11,600 Telecommunications...................................................................................................? 26,500 Per Diem, Fees and Contracts..................................................................................? 64,000 Utilities.........................................................................................................................? 93,500 Postage............................................................................................................................? 5,800 Capital Outlay...................................................................................................................? -0- Case Services.............................................................................................................? 225,000 Total Funds Budgeted..........................................................................................? 8,134,695 Agency Funds.........................................................................................................? 7,618,800 State Funds Budgeted..............................................................................................? 515,895 Total Positions Budgeted 44 Authorized Motor Vehicles 14 Georgia Factory for the Blind Functional Budgets Total Funds State Funds Pos. Operations ? 7,023,400 ? --0-- 8 Supervision ? 372,045 ? 369,045 19 Business Enterprise Vending Stand Project ? 739,250 ? 146,850 17 Undistributed ? -- 0-- ? --0-- 0 Total ? 8,134,695 ? 515,895 44 16. Vocational Rehabilitation Services Budget: Personal Services.........................................................................................-.......? 14,050,000 Regular Operating Expenses...................................................................................? 506,800 Travel..........................................................................................................................? 440,000 Motor Vehicle Equipment Purchases........................................................................................................................? -0Publications and Printing..........................................................................................? 10,600 Equipment Purchases.................................................................................................? 18,500 Computer Charges.............................................................................................................? -0Real Estate Rentals..................................................................................................? 609,700 Telecommunications.................................................................................................? 371,100 Per Diem, Fees and Contracts................................................................................? 285,000 Utilities.........................................................................................................................? 72,000 Postage.............................................................................................................-............? 80,000 Contract with Vocational Rehabilitation Community Facilities..............................................................................................................? 3,677,854 2374 JOURNAL OF THE HOUSE, Contract for Epilepsy .................................................................................................$ 63,000 Case Services ..........................................................................................................$ 8,700,000 Contract with the Affirmative Industries................................................................................................................! 105,000 Cerebral Palsy Contract...........................................................................................! 136,500 Total Funds Budgeted ........................................................................................$ 29,126,054 Indirect DOAS Services Funding ...................................................................................$ -0- Agency Funds .......................................................................................................$ 18,972,958 State Funds Budgeted.........................................................................................! 10,153,096 Total Positions Budgeted 687 Authorized Motor Vehicles 5 17. Vocational Rehabilitation - Disability Adjudication Budget: Personal Services....................................................................................................! 7,746,000 Regular Operating Expenses ...................................................................................$ 317,400 Travel............................................................................................................................! 22,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing..........................................................................................! 51,600 Equipment Purchases.................................................................................................! 17,460 Computer Charges.............................................................................................................! -0- Real Estate Rentals..................................................................................................! 513,685 Telecommunications.................................................................................................! 445,500 Per Diem, Fees and Contracts................................................................................! 431,295 Utilities...............................................................................................................................! -0- Postage........................................................................................................................! 155,000 Case Services ..........................................................................................................$ 7,000,000 Total Funds Budgeted ........................................................................................$ 16,699,940 Agency Funds.......................................................................................................! 16,699,940 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 384 18. Public Assistance Budget: Personal Services...............................................................................................................! -0- Regular Operating Expenses ................................................................................$ 3,159,468 Travel..................................................................................................................................! -0- Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Per Diem, Fees and Contracts........................................................................................! -0- SSI-Supplement Benefits...........................................................................................! 62,160 AFDC Benefits...................................................................................................! 182,766,550 Total Funds Budgeted ......................................................................................$ 185,988,178 Agency Funds.....................................................................................................! 124,297,228 State Funds Budgeted..................................,......................................................! 61,690,950 Total Positions Budgeted 0 Public Assistance Functional Budgets Total Funds State Funds Pos. Refugee Benefits $ 3,159,468 $ --0-- 0 AFDC Payments $ 182,766,550 $ 61,628,790 0 TUESDAY, MARCH 16, 1982 2375 SSI - Supplement Benefits Undistributed Total $ 62,160 $ 62,160 0 $ -- 0-- $ --0-- 0 $ 185,988,178 $ 61,690,950 0 19. Local Services - Community Services and Benefits Payments Budget: Personal Services...............................................................................................................? -0- Regular Operating Expenses ...........................................................................................$ -0- Travel...............................................................,..................................................................$ -0- Motor Vehicle Equipment Purchases ........................................................................................................................$ -0- Publications and Printing................................................................................................$ -0- Equipment Purchases.......................................................................................................$ -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Per Diem, Fees and Contracts ........................................................................................$ -0- Local Services Benefits Payments Grants..............................................................................................$ 54,682,882 Grants to Counties for Social Services ..................................................................................................$ 44,460,000 Total Funds Budgeted ........................................................................................$ 99,142,882 Agency Funds .......................................................................................................$ 37,538,749 Social Services Block Grant Funds ..........................................................................................$ 15,464,983 State Funds Budgeted.........................................................................................? 46,139,150 Total Positions Budgeted 0 Local Services - Community Services and Benefits Payments Functional Budgets Total Funds State Funds Pos. Local Services - Benefits Payments Grants $ 54,682,882 $ 27,186,441 0 Grants to Counties for Social Services $ 44,460,000 $ 18,952,709 0 Undistributed $ --0-- $ --0-- 0 Total $ 99,142,882 $ 46,139,150 0 20. Family and Children Services Program Direction and Support Budget: Personal Services....................................................................................................? 7,868,700 Regular Operating Expenses ...................................................................................$ 330,200 Travel..........................................................................................................................! 400,400 Motor Vehicle Equipment Purchases........................................................................................................................$ -0Publications and Printing........................................................................................? 566,700 Equipment Purchases...................................................................................................? 5,700 Computer Charges.................................................................................................? 5,040,066 Real Estate Rentals..................................................................................................? 178,100 Telecommunications..............................................................................................? 1,079,400 Per Diem, Fees and Contracts.............................................................................? 3,352,500 Utilities...........................................................................................................................? 9,200 2376 JOURNAL OF THE HOUSE, Postage.............................................. Total Funds Budgeted................... Agency Funds.................................. Indirect DOAS Services Funding. Social Services Block Grant Funds................................. State Funds Budgeted.................... Total Positions Budgeted ...$ 226.600 19,057,566 10,459,450 ...........$ -0- ..$ 1,297,117 ..$ 7,300,999 343 Family and Children Services - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office 424,600 $ 422,600 7 Research and Demonstration $ 61,500 $ 61,500 3 Program Planning and Development 860,800 $ 854,800 17 Program Management and Training I,617,150 $ 1,354,150 61 Administration and Management II,581,866 $ 4,696,571 88 Management Information Systems 939,750 50 District Program Operations 2,650,900 99 District Administration 756,000 18 Indirect Cost (4,578,272) 0 Undistributed 143,000 0 Total $ 7,300,999 343 Budget Unit Object Classes: Personal Services..................................................................................................$ 94,410,785 Regular Operating Expenses ..............................................................................$ 53,870,217 Travel.......................................................................................................................$ 3,081,805 Motor Vehicle Equipment Purchases..................................................................................................................$ 99,625 Publications and Printing.....................................................................................$ 1,312,670 Equipment Purchases...............................................................................................} 438,195 Computer Charges .................................................................................................$ 8,503,276 Real Estate Rentals ...............................................................................................$ 4,521,205 Telecommunications ..............................................................................................$ 3,447,480 Per Diem, Fees and Contracts...........................................................................$ 80,445,925 Utilities .......................................................................................................................$ 861,210 Postage.....................................................................................................................! 1,129,830 Capital Outlay ........................................................................................................$ 2,400,000 Grants for Regional Prenatal and Postnatal Care Programs ..........................................................................$ 3,879,000 Crippled Children Benefits ..................................................................................$ 4,527,500 Kidney Disease Benefits ..........................................................................................$ 577,500 Cancer Control Benefits........................................................................................} 1,985,000 TUESDAY, MARCH 16, 1982 2377 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants.......................................................................................................$ 3,625,000 Family Planning Benefits ........................................................................................$ 301,530 Benefits for Midwifery Program.............................................................................! 175,000 Grants for DeKalb County Mental Retardation Project...................................................................................! 51,000 Grants for Chatham County Mental Retardation Project...................................................................................! 49,000 Grant-In-Aid to Counties ...................................................................................! 29,473,948 Work Incentive Benefits ...............................................................,,.........................$ 575,669 Grants to Fulton County for 24-hour Emergency Social Services.......................................................................................................! 173,400 Benefits for Child Care.......................................................................................! 16,331,771 Homemaker Meals....................................................................................................! 106,961 Chatham County Homemaker Project..............................................................................................! 482,000 Douglas County Homemaker Project..............................................................................................! 127,000 Fulton County Homemaker Project.......................................................................! 328,000 Grants for Nephrology Centers...............................................................................! 210,000 Case Services........................................................................................................! 16,500,000 E.S.R.P. Case Services ...............................................................................................$ 75,000 SSI-Supplement Benefits...........................................................................................! 62,160 AFDC Benefits...................................................................................................! 182,766,550 Local Services Benefits Payments Grants..............................................................................................! 54,682,882 Grants to Counties for Social Services ..............................................................................................................$ 44,460,000 Contract with Vocational Rehabilitation Community Facilities..............................................................................................................! 3,677,854 Contract for the Purchase of Clotting Factor for the Hemophilia Program ............................................................................................$ 100,000 Contract with the Affirmative Industries..........................................................................................! 105,000 Institutional Repairs and Maintenance...................................................................................................! 500,000 Contract with Emory University for Arthritis Research...........................................................................................! 200,000 Grant for Epilepsy Program......................................................................................! 63,000 Grant to Grady Hospital for Cystic Fibrosis Program.........................................................................................! 40,000 Contract for Scoliosis Screening..................................................................................................................! 40,000 Menninger Group Homes ........................................................................................$ 275,000 Contract - Georgia Advocacy Office, Inc.....................................................................................,.......! 215,000 Grant for Teenage Pregnancy Prevention Program..............................................................................................! 250,000 Contract - Cancer Research at Emory.................................................................................................................! 111,000 Contract - Macon-Bibb County Hospital Authority.............................................................................................! 3,000,000 Cerebral Palsy Contract...........................................................................................! 136,500 2378 JOURNAL OF THE HOUSE, Grants to Counties for Metabolic Disorders Screening and Testing............................................................................................$ 45,000 Total Positions Budgeted 4,451 Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of clotting factor for the Hemophilia Program and for no other purpose. Provided, that of the above appropriation, $100,000 is designated and committed to operate a Hemophilia Program in the Metropolitan Atlanta Area and to operate the Hemophilia Program in Augusta. Provided, that of the funds available in the Public Health - Local Services Budget not less than $125,000 is committed for continuation of the Community Cardiovascular Council Stroke-Screening Program. Provided that no State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State funds would cause the loss of Fed eral funds for programs other than advertising. There is hereby appropriated $61,628,790 in State funds for the purpose of making AFDC benefit payments. Provided that for Fiscal 1983, the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 202 $ 107 2 306 162 3 366 194 4 432 229 5 494 262 6 536 284 7 580 307 8 616 326 9 648 343 10 694 368 11 742 393 Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 53% of the above standard of needs. Provided, that of the above appropriation, $136,500 is designated and committed to operate the Rome Cerebral Palsy Center. Provided, however, it is the intent of this General Assembly that no dentist shall be paid at a rate in excess of twenty-five dollars ($25.00) per hour for services rendered in the Dis trict Dental Clinics. Provided that of the above appropriation relating to Statewide Grants for Pre-natal and Post-natal Care Programs, $3,879,000 is designated and committed for a Statewide pro gram of pre-natal and post-natal care, including all hospitals where such program or pro grams are providing or shall provide such care. Provided, that of the above appropriation relating to the Public Health - Family Health Activity, $40,000 is designated and committed for a grant to Grady Memorial Hospital in Atlanta for the purpose of operating a cystic fibrosis program. Provided that grants of Federal Maternal and Child Health Block Grant funds above the amounts anticipated in this appropriation shall be used to improve and expand Public Health programs and not to supplant State funds in this appropriation. Provided, that of the above appropriation, the Department of Human Resources is authorized to provide treatment for eye disorders, provided that treatment for the disabil ity cannot be obtained from other sources. Provided, further, that the Department of Human Resources is authorized to make monthly advances to Child Care Day Care Centers from funds authorized for this purpose. TUESDAY, MARCH 16, 1982 2379 Provided further, it is the intent of this General Assembly that AFDC Benefit payments from funds appropriated herein shall be made from the date of certification and not from the date of application. Provided further, the Department of Human Resources is authorized to make payments (not to exceed $5,000) to the Georgia Building Authority for the purpose of maintaining the grounds at the Roosevelt Warm Springs Hospital. To purchase, lease or otherwise acquire or reimburse for the purchase or lease of equip ment, or purchase or reimburse for the purchase of drugs and medical treatment of per sons with Cystic Fibrosis over the age of 21. Funds shall be expended to those persons qualifying who are not otherwise covered by any other private or publicly funded program and are determined to need support from the State. Provided further, the Roosevelt Warm Springs Institute for Rehabilitation is authorized to use excess agency income for a repair and maintenance program. It is the intent of this General Assembly that with regard to the appropriation for Con tract with Vocational Rehabilitation Community Facilities, at least $112,854 is provided for an increase to the Bobby Dodd Workshop. B. Budget Unit: State Health Planning and Development.............................................................................................$ 431,400 State Health Planning and Development Budget: Personal Services.......................................................................................................$ 793,300 Regular Operating Expenses .....................................................................................$ 57,000 Travel............................................................................................................................$ 21,100 Publications and Printing............................................................................................$ 7,800 Equipment Purchases.......................................................................................................$ -0- Computer Charges ......................................................................................................$ 30,600 Real Estate Rentals ....................................................................................................$ 80,200 Telecommunications...................................................................................................! 24,800 Per Diem, Fees and Contracts ................................................................................$ 191,000 Postage............................................................................................................................! 6,600 Total Funds Budgeted ..........................................................................................$ 1,212,400 Indirect DOAS Services Funding ...................................................................................$ -0- Agency Funds ............................................................................................................$ 781,000 State Funds Budgeted..............................................................................................$ 431,400 Total Positions Budgeted 33 Authorized Motor Vehicles 0 Budget Unit Object Classes: Personal Services.......................................................................................................$ 793,300 Regular Operating Expenses .....................................................................................$ 57,000 Travel............................................................................................................................$ 21,100 Publications and Printing............................................................................................$ 7,800 Equipment Purchases.......................................................................................................$ -0- Computer Charges ......................................................................................................$ 30,600 Real Estate Rentals ....................................................................................................$ 80,200 Telecommunications ...................................................................................................$ 24,800 Per Diem, Fees and Contracts................................................................................! 191,000 Postage............................................................................................................................! 6,600 Total Positions Budgeted 33 Authorized Motor Vehicles 0 C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions ................................................................................................$ 270,654,740 1. Georgia Regional Hospital at Augusta Budget: Personal Services....................................................................................................! 8,464,639 2380 JOURNAL OF THE HOUSE, Regular Operating Expenses ................................................................................$ 1,058,918 Travel............................................................................................................................? 12,430 Motor Vehicle Equipment Purchases.............................................................................................$ 25,885 Publications and Printing............................................................................................$ 4,000 Equipment Purchases.................................................................................................? 79,316 Computer Charges ....................................................................................................$ 100,108 Real Estate Rentals..........................................................................................................? -0- Telecommunications...................................................................................................? 95,000 Per Diem, Fees and Contracts................................................................................? 249,550 Utilities.......................................................................................................................? 300,000 Postage............................................................................................................................? 9,150 Authority Lease Rentals..........................................................................................? 387,000 Capital Outlay...........................................................................................................? 188,375 Total Funds Budgeted........................................................................................? 10,974,371 Agency Funds.........................................................................................................? 1,185,814 Indirect DOAS Services Funding...................................................................................? -0- State Funds Budgeted...........................................................................................? 9,788,557 Total Positions Budgeted 497 Authorized Motor Vehicles 25 2. Georgia Regional Hospital at Atlanta Budget: Personal Services..................................................................................................? 10,720,851 Regular Operating Expenses................................................................................? 1,445,232 Travel............................................................................................................................? 17,400 Motor Vehicle Equipment Purchases....................................................................................................................? 7,755 Publications and Printing............................................................................................? 9,100 Equipment Purchases...............................................................................................? 103,080 Computer Charges....................................................................................................? 147,529 Real Estate Rentals..........................................................................................................? -0- Telecommunications.................................................................................................? 121,000 Per Diem, Fees and Contracts................................................................................? 312,130 Utilities.......................................................................................................................? 444,000 Postage..........................................................................................................................? 11,000 Capital Outlay.............................................................................................................? 34,000 Authority Lease Rentals..........................................................................................? 513,000 Total Funds Budgeted........................................................................................? 13,886,077 Agency Funds.........................................................................................................? 2,171,297 Indirect DOAS Services Funding...................................................................................? -0- State Funds Budgeted.........................................................................................? 11,714,780 Total Positions Budgeted 631 Authorized Motor Vehicles 25 3. Georgia Regional Hospital at Savannah Budget: Personal Services....................................................................................................? 8,693,318 Regular Operating Expenses...................................................................................? 819,887 Travel............................................................................................................................? 14,500 Motor Vehicle Equipment Purchases...................................................................................................? -0Publications and Printing............................................................................................? 1,900 Equipment Purchases.................................................................................................? 47,457 Computer Charges....................................................................................................? 140,591 Real Estate Rentals..........................................................................................................? -0Telecommunications.................................................................................................? 106,250 Per Diem, Fees and Contracts................................................................................? 164,595 TUESDAY, MARCH 16, 1982 2381 Utilities .......................................................................................................................$ 377,000 Postage............................................................................................................................! 6,900 Authority Lease Rentals ..........................................................................................$ 500,000 Capital Outlay ...................................................................................................................| JO; Total Funds Budgeted ....,...................................................................................$ 10,872,398 Agency Funds .........................................................................................................$ 1,045,135 Indirect DOAS Services Funding ...................................................................................$ -0- State Funds Budgeted...........................................................................................! 9,827,263 Total Positions Budgeted 503 Authorized Motor Vehicles 22 4. West Central Georgia Regional Hospital Budget: Personal Services....................................................................................................! 7,240,243 Regular Operating Expenses ...................................................................................$ 847,500 Travel............................................................................................................................! 13,200 Motor Vehicle Equipment Purchases........................................................................! 7,555 Publications and Printing............................................................................................! 5,620 Equipment Purchases.................................................................................................! 28,665 Computer Charges......................................................................................................! 98,202 Real Estate Rentals..........................................................................................................! -0- Telecommunications...............................................................................,.................,.! 90,000 Per Diem, Fees and Contracts..................................................................................! 41,000 Utilities.......................................................................................................................! 371,000 Postage..........................................................................................................................! 12,500 Authority Lease Rentals ..........................................................................................$ 666,500 Capital Outlay.............................................................................................................|25jOOO Total Funds Budgeted ..........................................................................................$ 9,446,985 Agency Funds.........................................................................................................! 1,311,837 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted...........................................................................................! 8,135,148 Total Positions Budgeted 424 Authorized Motor Vehicles 25 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services..................................................................................................! 10,819,965 Regular Operating Expenses ................................................................................$ 1,215,073 Travel............................................................................................................................! 12,380 Motor Vehicle Equipment Purchases..................................................................................................................! 31,150 Publications and Printing............................................................................................! 1,360 Equipment Purchases...............................................................................................! 113,806 Computer Charges....................................................................................................! 152,291 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 96,000 Per Diem, Fees and Contracts..................................................................................! 36,600 Utilities....................................................................................................................! 1,073,210 Postage............................................................................................................................! 9,125 Capital Outlay...................................................................................................................! -0- Authority Lease Rentals ..........................................................................................| 883,500 Total Funds Budgeted ........................................................................................$ 14,444,460 Agency Funds.........................................................................................................! 2,956,324 Indirect DOAS Services Funding ...................................................................................$ -0- State Funds Budgeted.........................................................................................! 11,488,136 Total Positions Budgeted 682 Authorized Motor Vehicles 45 2382 JOURNAL OF THE HOUSE, 6. Gracewood State School and Hospital Budget: Personal Services..................................................................................................! 25,757,473 Regular Operating Expenses ................................................................................$ 2,606,929 Travel............................................................................................................................! 11,725 Motor Vehicle Equipment Purchases..................................................................................................................! 14,385 Publications and Printing............................................................................................! 6,587 Equipment Purchases...............................................................................................! 289,623 Computer Charges....................................................................................-...............! 100,108 Real Estate Rentals..........................................................................................................! -0- Telecommunications.................................................................................................! 265,000 Per Diem, Fees and Contracts................................................................................! 119,000 Utilities....................................................................................................................! 1,475,000 Postage..........................................................................................................................! 13,900 Capital Outlay........................................................................................................! 1,177,488 Total Funds Budgeted ........................................................................................$ 31,837,218 Agency Funds.......................................................................................................! 11,777,189 Indirect DOAS Services Funding .................................................................................,,! -0- State Funds Budgeted.........................................................................................! 20,060,029 Total Positions Budgeted - July 1, 1982 1,686 Total Positions Budgeted - June 30, 1983 1,625 Authorized Motor Vehicles 111 7. Southwestern State Hospital Budget: Personal Services..................................................................................................! 17,841,615 Regular Operating Expenses................................................................................! 1,885,704 Travel............................................................................................................................! 18,100 Motor Vehicle Equipment Purchases..................................................................................................................! 32,450 Publications and Printing............................................................................................! 5,300 Equipment Purchases...............................................................................................! 140,780 Computer Charges....................................................................................................! 156,486 Real Estate Rentals..........................................................................................................! -0- Telecommunications .................................................................................................$ 143,000 Per Diem, Fees and Contracts...............................................................................-! 244,000 Utilities.......................................................................................................................! 737,000 Postage..........................................................................................................................! 15,500 Capital Outlay...........................................................................................................! 550,000 Total Funds Budgeted ........................................................................................$ 21,769,935 Agency Funds.........................................................................................................! 6,896,538 Indirect DOAS Services Funding .................................................................................,,! -0- State Funds Budgeted.........................................................................................! 14,873,397 Total Positions Budgeted - July 1, 1982 1,154 Total Positions Budgeted - June 30, 1983 1,138 Authorized Motor Vehicles 53 8. Georgia Retardation Center Budget: Personal Services......................................................-.........................................! 14,943,902 Regular Operating Expenses ................................................................................$ 2,534,630 Travel.........................-.................-...............-..............-.........----..--------...$ 12,800 Motor Vehicle Equipment Purchases......................................................................----.....................................! 25,350 Publications and Printing...............................................----......................................$ 6,750 TUESDAY, MARCH 16, 1982 2383 Equipment Purchases...............................................................................................$ 153,787 Computer Charges ....................................................................................................$ 158,207 Real Estate Rentals ..........................................................................................................I -0- Telecommunications.................................................................................................$ 169,200 Per Diem, Fees and Contracts................................................................................! 139,870 Utilities....................................................................................................................! 1,056,500 Postage..........................................................................................................................! 12,680 Authority Lease Rentals..........................................................................................! 794,000 Capital Outlay ...........................................................................................................$ 100,000 Total Funds Budgeted........................................................................................! 20,107,676 Agency Funds .........................................................................................................$ 8,607,035 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted.........................................................................................! 11,500,641 Total Positions Budgeted - July 1, 1982 935 Total Positions Budgeted - June 30, 1983 916 Authorized Motor Vehicles 39 9. Georgia Mental Health Institute Budget: Personal Services....................................................................................................! 9,073,954 Regular Operating Expenses ................................................................................$ 1,081,189 Travel............................................................................................................................! 13,900 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing............................................................................................! 5,655 Equipment Purchases.................................................................................................! 51,115 Computer Charges....................................................................................................! 174,054 Real Estate Rentals..........................................................................................................! -0- Telecommunications.................................................................................................! 172,000 Per Diem, Fees and Contracts................................................................................! 651,915 Utilities....................................................................................................................! 1,251,000 Postage..........................................................................................................................! 11,900 Authority Lease Rentals..................................................................................................! -0- Capital Outlay...................................................................................................................!^ Total Funds Budgeted ........................................................................................$ 12,486,682 Agency Funds .........................................................................................................$ 1,075,777 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted.........................................................................................! 11,410,905 Total Positions Budgeted 510 Authorized Motor Vehicles 20 10. Central State Hospital Budget: Personal Services..................................................................................................! 67,065,162 Regular Operating Expenses ................................................................................$ 9,044,690 Travel....................................,.......................................................................................! 22,100 Motor Vehicle Equipment Purchases..................................................................................................................! 91,110 Publications and Printing..........................................................................................! 35,500 Equipment Purchases...............................................................................................! 191,341 Computer Charges....................................................................................................! 654,722 Real Estate Rentals..........................................................................................................! -0Telecommunications.................................................................................................$ 476,900 Per Diem, Fees and Contracts................................................................................! 245,685 Utilities ....................................................................................................................$ 4,133,416 Postage..........................................................................................................................! 42,500 Authority Lease Rentals ..........................................................................................$ 787,875 2384 JOURNAL OF THE HOUSE, Capital Outlay ...........................................................................................................$ 765,000 Total Funds Budgeted ........................................................................................$ 83,556,001 Agency Funds .......................................................................................................$ 22,132,222 Indirect DOAS Services Funding...................................................................................$ -0- State Funds Budgeted.........................................................................................! 61,423,779 Total Positions Budgeted - July 1, 1982 4,162 Total Positions Budgeted - June 30, 1983 4,119 Authorized Motor Vehicles 215 11. State Youth Development Centers Budget: Personal Services............................................................................................-....! 11,720,488 Regular Operating Expenses ................................................................................$ 1,433,500 Travel..............................................................................................................................! 8,000 Motor Vehicle Equipment Purchases................................................................................................................! 138,580 Publications and Printing............................................................................................! 3,200 Equipment Purchases...............................................................................................! 204,600 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.................................................................................................! 100,000 Per Diem, Fees and Contracts................................................................................! 157,800 Utilities.......................................................................................................................! 750,000 Postage..........................................................................................................................! 19,500 Capital Outlay...........................................................................................................! 340,000 Total Funds Budgeted ........................................................................................$ 14,875,668 Agency Funds ............................................................................................................$ 447,074 State Funds Budgeted.........................................................................................! 14,428,594 Total Positions Budgeted 714 Authorized Motor Vehicles 103 12. Regional Youth Development Centers Budget: Personal Services......................................................................................-............-! 6,190,928 Regular Operating Expenses ...................................................................................$ 866,100 Travel............................................................................................................................! 12,000 Motor Vehicle Equipment Purchases.............................................................................................! 33,085 Publications and Printing............................................................................................! 3,000 Equipment Purchases.................................................................................................! 68,995 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications ...................................................................................................$ 56,500 Per Diem, Fees and Contracts..................................................................................! 76,500 Utilities.......................................................................................................................! 500,000 Postage............................................................................................................................! 9,500 Capital Outlay.............................................................................................................! 25,000 Reserve for Athens RYDC.........................................................................................$ 82,000 Grants to County-Owned Detention Centers..............................................................................................! 2,418,125 Total Funds Budgeted........................................................................................! 10,341,733 Agency Funds............................................................................................................! 324,897 State Funds Budgeted.........................................................................................! 10,016,836 Total Positions Budgeted 406 Authorized Motor Vehicles 41 TUESDAY, MARCH 16, 1982 2385 13. Community Mental Health/ Mental Retardation Services Budget: Personal Services....................................................................................................$ 9,111,460 Regular Operating Expenses...................................................................................$ 557,309 Travel............................................................................................................................$ 55,360 Motor Vehicle Equipment Purchases..................................................................................................................$ 40,700 Publications and Printing............................................................................................$ 6,000 Equipment Purchases.................................................................................................$ 20,500 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..................................................................................................$ 108,600 Telecommunications...................................................................................................! 48,250 Per Diem, Fees and Contracts ................................................................................$ 255,150 Utilities.........................................................................................................................$ 28,300 Postage............................................................................................................................$ 3,275 Capital Outlay ...................................................................................................................$ -0- Drug Abuse Contracts...........................................................................................! 1,098,200 Day Care Centers for the Mentally Retarded ...........................................................................................$ 45,534,326 MR Day Care Center Motor Vehicle Purchases .................................................................................................$ 579,000 Supportive Living Staff ........................................................................................$ 1,368,000 Supportive Living Benefits...................................................................................! 3,944,733 Georgia State Foster Grandparent/Senior Companion Program.............................................................................................! 514,000 Community Mental Health Center Services.................................................................................................! 55,051,729 Project Rescue...........................................................................................................! 249,412 Project ARC...............................................................................................................! 155,000 Project Friendship....................................................................................................! 209,000 Group Homes for Autistic Children...................................................................................................! 260,140 Uniform Alcoholism Projects ...............................................................................$ 2,406,250 Community Mental Retardation Staff ...............................................................................................$ 2,626,866 Community Mental Retardation Residential Services...........................................................................................! 8,060,040 Total Funds Budgeted......................................................................................! 132,291,600 Social Services Block Grant Funds ..........................................................................................! 20,700,000 Agency Funds.......................................................................................................! 45,362,021 State Funds Budgeted.........................................................................................! 66,229,579 Total Positions Budgeted 453 Authorized Motor Vehicles 803 Community Mental Health/Mental Retardation Services Functional Budgets Total Funds State Funds Pos. Mental Health Community Assistance $ 5,442,527 ! 5,332,145 240 Outdoor Therapeutic Program $ 903,455 $ 896,966 35 Mental Retardation Community Assistance $ 1,483,332 $ 1,468,602 64 2386 JOURNAL OF THE HOUSE, Central Pharmacy Metro Drug Abuse Centers Day Care Centers for the Mentally Retarded Supportive Living Georgia State Foster Grandparent/Senior Companion Program Community Mental Retardation Staff Community Mental Retardation Residential Services Group Homes for Autistic Children Project Rescue Drug Abuse Contracts Project ARC Project Friendship Community Mental Health Center Services Uniform Alcoholism Projects Central Laboratory Undistributed Total 105,503 1,091,991 46,428,739 5,312,733 104,455 3 454,351 47 22,480,105 21 3,082,733 0 514,000 2,626,866 514,000 0 1,927,733 0 8,060,040 6,085,319 260,140 $ 260,140 0 249,412 $ 86,412 0 1,098,200 $ 252,562 0 155,000 $ 155,000 0 209,000 $ 209,000 0 55,778,582 $ 20,735,506 36 2,406,250 $ 2,184,550 0 165,830 $ -0-- 7 -- 0-- $ -- 0- 0 $ 132,291,600 $ 66,229,579 453 14. Community Youth Services Budget: Personal Services....................................................................................................! 7,815,993 Regular Operating Expenses ................................................................................$ 1,046,644 Travel..........................................................................................................................$ 378,800 Motor Vehicle Equipment Purchases ......................................................................$ 24,750 Publications and Printing............................................................................................! 3,750 Equipment Purchases.................................................................................................! 32,685 Computer Charges.............................................................................................................! -0- Real Estate Rentals..................................................................................................! 274,200 Telecommunications.................................................................................................! 208,500 Per Diem, Fees and Contracts........................................................................................! -0- Utilities.........................................................................................................................$ 30,200 Postage..........................................................................................................................! 20,850 Child Care Benefits ....................................................................................................$ 15,000 Total Funds Budgeted ..........................................................................................$ 9,851,372 State Funds Budgeted...........................................................................................! 9,757,096 Total Positions Budgeted 421 Authorized Motor Vehicles 19 TUESDAY, MARCH 16, 1982 2387 Community Youth Services Functional Budgets Total Funds State Funds Pos. Group Homes $ 420,550 ! 420,550 19 Community Detention ! 896,300 $ 896,300 18 Day Centers $ 552,475 ! 552,475 24 Community Treatment Centers ! 1,692,525 ! 1,692,525 82 Court Services ! 5,503,798 ! 5,409,522 260 Runaway Investigations ! 372,250 ! 372,250 15 Interstate Compact $ 70,700 ! 70,700 3 Undistributed $ 342,774 ! 342,774 0 Total ! 9,851,372 ! 9,757,096 421 15. Regular Operating Expense Reserve Budget: Regular Operating Expense.............................................................................................! -0- State Funds........................................................................................................................! -0- Budget Unit Object Classes: Personal Services................................................................................................! 215,459,991 Regular Operating Expenses ..............................................................................$ 26,443,305 Travel..........................................................................................................................! 602,695 Motor Vehicle Equipment Purchases................................................................................................................! 472,755 Publications and Printing..........................................................................................! 97,722 Equipment Purchases............................................................................................! 1,525,750 Computer Charges.................................................................................................! 1,882,298 Real Estate Rentals..................................................................................................! 382,800 Telecommunications..............................................................................................! 2,147,600 Per Diem, Fees and Contracts.............................................................................! 2,693,795 Utilities..................................................................................................................! 12,526,626 Postage........................................................................................................................! 198,280 Capital Outlay........................................................................................................! 3,204,863 Authority Lease Rentals .....................................................................................,,! 4,531,875 Grants to County-Owned Detention Centers..............................................................................................! 2,418,125 Reserve for Athens RYDC.........................................................................................! 82,000 Drug Abuse Contracts...........................................................................................! 1,098,200 Day Care Centers for the Mentally Retarded ...........................................................................................$ 45,534,326 MR Day Care Center Motor Vehicle Purchases.................................................................................................! 579,000 Supportive Living Staff........................................................................................! 1,368,000 Supportive Living Benefits...................................................................................! 3,944,733 Georgia State Foster Grandparent/Senior Companion Program..................................................;..........................................! 514,000 Community Mental Health Center Services...................................................................,.............................! 55,051,729 Project Rescue...........................................................................................................! 249,412 Project ARC...............................................................................................................! 155,000 2388 JOURNAL OF THE HOUSE, Project Friendship ....................................................................................................$ 209,000 Group Homes for Autistic Children ...................................................................................................$ 260,140 Uniform Alcoholism Projects ...............................................................................$ 2,406,250 Child Care Benefits ....................................................................................................$ 15,000 Community Mental Retardation Staff ...............................................................................................$ 2,626,866 Community Mental Retardation Residential Services ...........................................................................................$ 8,060,040 Total Positions Budgeted - July 1, 1982 13,178 Total Positions Budgeted - June 30, 1983 13,039 Authorized Motor Vehicles 1,546 Provided, that of the above appropriation relating to Community Mental Health Cen ters, agency income, excluding federal grants where prohibited, shall be expended first to cover expenses for local programs. Surplus funds at the end of the year shall not exceed 60-day collections. Surplus above this limitation shall revert to the State and local govern ments on a pro rata basis based on contribution of said governments to the program. Provided, that of the above appropriation relating to Community Mental Retardation Residential Services, the Department is authorized to increase the maximum monthly pay ments to service providers from $350 to $385 and to supplant State funds with patient col lections to reduce the State cost of the program. Provided, that of the above appropriation relating to Community Mental Health Cen ters, private gifts and donations, as well as proceeds of local fund raising activities, shall not be required to be budgeted to the Department or to the Office of Planning and Bud get. Provided that the Department is given the flexibility in the Community Mental Retar dation Residential Services Program to use benefits to contract with private home providers for service or to provide small group living situations or semi-independent living situations for clients; and further provided that these residential services are available to clients residing in the community as well as those returning to their communities from the institution. Provided that Community Mental Health Centers shall provide services to clients living within the geographic catchment area served by such centers without regard to the length of time such client has resided in such geographic catchment area if such client is other wise eligible to receive services. Provided, that of the above appropriation relating to Supportive Living Benefits, the Department is provided the flexibility to contract with private homeproviders for services in the home and/or to provide small group residences for clients and/or provide respite care services for clients and/or other residential services needed to support clients in the communities. Provided, however, it is the intent of this General Assembly that no additional Youth Services group homes or community treatment centers be started with Federal Funds without prior approval by the General Assembly of Georgia. Provided, that of the above appropriation relating to Central State Hospital, the Depart ment is authorized to establish a unit for the severely psychiatrically regressed with exist ing funds and personnel. Provided, that of the above appropriation relating to Community Mental Health Center Services, the Department is authorized to make payments through the Clarke County Board of Health to the Athens General Hospital on a fee for service basis for those clients, referred for admission by physicians acting on behalf of the Northeast Georgia Community Mental Health Center, who meet the hospital's criteria for establishing indigency. This rate will be established at the prevailing rate paid by Medicaid for these services to the Athens General Hospital. TUESDAY, MARCH 16, 1982 2389 Section 27. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade ......................................................................................................$ 8,828.608 1. Industry Budget: Personal Services.......................................................................................................$ 553,000 Regular Operating Expenses .....................................................................................$ 11,805 Travel............................................................................................................................$ 43,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 8,000 Equipment Purchases......................................................................................................$ 547 Computer Charges ......................................................................................................$ 12,500 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .........................................................................................................$ -0- Per Diem, Fees and Contracts....................................................................................$ 1,000 Total Funds Budgeted .............................................................................................$ 629,852 State Funds Budgeted..............................................................................................? 623,553 Total Positions Budgeted 23 2. Research Budget: Personal Services.......................................................................................................? 320,000 Regular Operating Expenses .......................................................................................$ 4,840 Travel..............................................................................................................................? 2,000 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing..........................................................................................? 20,100 Equipment Purchases...................................................................................................? 2,700 Computer Charges........................................................................................................? 3,066 Real Estate Rentals..........................................................................................................? -0- Telecommunications.........................................................................................................? -0- Per Diem, Fees and Contracts....................................................................................? 7,923 Total Funds Budgeted.............................................................................................? 360,629 State Funds Budgeted..............................................................................................? 357,023 Total Positions Budgeted 14 3. Tourism - Promotional Budget: Personal Services.......................................................................................................? 648,119 Regular Operating Expenses .....................................................................................$ 72,675 Travel............................................................................................................................? 65,000 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing........................................................................................? 239,500 Equipment Purchases...................................................................................................? 5,355 Computer Charges......................................................................................................? 22,400 Real Estate Rentals..........................................................................................................? -0- Telecommunications.........................................................................................................? -0- Per Diem, Fees and Contracts..................................................................................? 61,280 Historic Chattahoochee Commission Contract.............................................................................................!| 40,000 Total Funds Budgeted..........................................................................................? 1,154,329 State Funds Budgeted...........................................................................................? 1,143,212 Total Positions Budgeted 30 4. Tourist - Welcome Centers Budget: Personal Services....................................................................................................? 1,358,000 Regular Operating Expenses...................................................................................? 338,755 Travel............................................................................................................................? 36,330 Motor Vehicle Equipment Purchases............................................................................? -0Publications and Printing..........................................................................................? 12,000 Equipment Purchases.................................................................................................? 19,605 2390 JOURNAL OF THE HOUSE, Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 13,924 Per Diem, Fees and Contracts ....................................................................................$ 4,450 Capital Outlay ...................................................................................................................$ -0- Local Welcome Centers..............................................................................................$ 95,000 Total Funds Budgeted ..........................................................................................$ 1,878,064 State Funds Budgeted...........................................................................................? 1,770,233 Total Positions Budgeted 99 5. Internal Administration Budget: Personal Services.......................................................................................................? 605,000 Regular Operating Expenses ...................................................................................$ 240,270 Travel............................................................................................................................? 15,000 Motor Vehicle Equipment Purchases......................................................................? 48,200 Publications and Printing..........................................................................................? 40,000 Equipment Purchases...................................................................................................! 1,058 Computer Charges...........................................................................................................? 860 Real Estate Rentals..................................................................................................? 225,000 Telecommunications.................................................................................................? 115,600 Per Diem, Fees and Contracts..................................................................................? 17,000 Postage........................................................................................................................? 160,000 Georgia Ports Authority - Authority Lease Rentals...................................................................................? 2,605,000 Georgia Ports Authority - General Obligation Bond Payments.............................................................................................................? 1,000,000 Atlanta Council for International Visitors.............................................................................................? 25,000 Waterway Development in Georgia..........................................................................? 25,000 Georgia Music Week Promotion...............................................................................? 10,000 Georgia World Congress Center Operating Expenses..............................................................................................? 100,000 Georgia World Congress Center Marketing Program.......................................................................................................? -0- International Council of Georgia, Inc....................................................................................................................? -0- Georgia Semiquincentenary Commission..............................................................................................................? 80,000 Total Funds Budgeted..........................................................................................? 5,312,988 State Funds Budgeted...........................................................................................? 3,208,124 Total Positions Budgeted 25 6. International Budget: Personal Services.......................................................................................................? 570,000 Regular Operating Expenses.....................................................................................? 47,930 Travel............................................................................................................................? 80,000 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing..........................................................................................? 25,000 Equipment Purchases...................................................................................................? 3,010 Computer Charges......................................................................................................? 20,000 Real Estate Rentals ....................................................................................................$ 47,190 Telecommunications...................................................................................................? 24,926 Per Diem, Fees and Contracts..................................................................................? 89,250 Total Funds Budgeted.............................................................................................? 907,306 State Funds Budgeted..............................................................................................? 898,463 Total Positions Budgeted 16 TUESDAY, MARCH 16, 1982 2391 7. Advertising Budget: Advertising .................................................................................................................$ 828,000 Total Funds Budgeted .......................................................,.....................................$ 828,000 State Funds Budgeted..............................................................................................! 828,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services....................................................................................................! 4,054,119 Regular Operating Expenses ...................................................................................$ 716,275 Travel..........................................................................................................................! 241,330 Motor Vehicle Equipment Purchases ......................................................................$ 48,200 Publications and Printing........................................................................................! 344,600 Equipment Purchases.................................................................................................! 32,275 Computer Charges......................................................................................................! 58,826 Real Estate Rentals..................................................................................................! 272,190 Telecommunications.................................................................................................! 154,450 Per Diem, Fees and Contracts................................................................................! 180,903 Postage........................................................................................................................! 160,000 Capital Outlay...................................................................................................................! -0- Local Welcome Center Contracts.............................................................................! 95,000 Advertising.................................................................................................................! 828,000 Georgia Ports Authority - Authority Lease Rentals ...................................................................................! 2,605,000 Georgia Ports Authority - General Obligation Bond Payments.............................................................................................................! 1,000,000 Historic Chattahoochee Commission Contract.............................................................................................! 40,000 Atlanta Council for International Visitors.............................................................................................! 25,000 Waterway Development in Georgia..........................................................................! 25,000 Georgia Music Week Promotion...............................................................................! 10,000 Georgia World Congress Center Operating Expenses..............................................................................................! 100,000 Georgia World Congress Center Marketing Program.......................................................................................................! -0- International Council of Georgia, Inc....................................................................................................................! -0- Georgia Semiquincentenary Commission..............................................................................................................! 80,000 Total Positions Budgeted 207 Authorized Motor Vehicles 21 For general administrative cost of operating the Department of Industry and Trade, including advertising expense. B. Budget Unit: Authorities...............................................................................................! -01. Georgia World Congress Budget: Personal Services....................................................................................................! 2,880,909 Regular Operating Expenses ..............................................................................,,! 1,085,408 Travel............................................................................................................................! 24,000 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing..........................................................................................! 21,000 Equipment Purchases.................................................................................................! 40,000 Computer Charges...........................................................................................................! 600 Real Estate Rentals..........................................................................................................! -0Telecommunications...................................................................................................! 45,840 Per Diem, Fees and Contracts................................................................................! 157,080 2392 JOURNAL OF THE HOUSE, Atlanta Convention and Visitors Bureau......................................................................................................$ 765,972 Total Funds Budgeted ..........................................................................................$ 5,020,809 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 120 2. Georgia Ports Authority Budget: Personal Services..................................................................................................! 23,953,056 Regular Operating Expenses ................................................................................$ 7,870,228 Travel..........................................................................................................................! 435,207 Motor Vehicle Equipment Purchases................................................................................................................! 472,080 Publications and Printing........................................................................................! 108,108 Equipment Purchases............................................................................................! 3,836,805 Real Estate Rentals ....................................................................................................$ 99,403 Telecommunications.................................................................................................! 302,960 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations ..................................................................................$ 2,089,184 Computer Charges...................................................................................................-! 457,142 Per Diem, Fees and Contracts.............................................................................! 1,211,582 Other Debt-Service Payments ................................................................................$ 696,150 Capital Outlay - Internal Operations...........................................................................................................! 4,024,965 Capital Reinvestment.......................................................................................................! -0- Total Funds Budgeted ........................................................................................$ 45,556,870 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 750 Budget Unit Object Classes: Personal Services..................................................................................................! 26,833,965 Regular Operating Expenses ................................................................................$ 8,955,636 Travel..........................................................................................................................! 459,207 Motor Vehicle Equipment Purchases................................................................................................................! 472,080 Publications and Printing........................................................................................! 129,108 Equipment Purchases............................................................................................! 3,876,805 Computer Charges....................................................................................................! 457,742 Real Estate Rentals....................................................................................................! 99,403 Telecommunications.................................................................................................! 348,800 Per Diem, Fees and Contracts.............................................................................! 1,368,662 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations ..................................................................................$ 2,089,184 Other Debt-Service Payments ................................................................................$ 696,150 Capital Outlay - Internal Operations ...........................................................................................................$ 4,024,965 Atlanta Convention and Visitors Bureau......................................................................................................! 765,972 Total Positions Budgeted 870 Authorized Motor Vehicles 36 It is the intent of this General Assembly that to the extent that gross income from oper ations exceeds the amount contemplated in this Appropriations Act, such excess may be applied toward the cost of operations and excess cost of authorized planning of new facili ties, provided that budget amendments reflecting such proposed applications are provided to the Office of Planning and Budget and the Legislative Budget Office at least two weeks prior to such application of funds. TUESDAY, MARCH 16, 1982 2393 It is the intent of this General Assembly that the World Congress Center Authority repay, by direct remittance to the State Treasury during the next twenty years, the full amount of Capital Outlay authorized in the Fiscal 1978 appropriations bill, such repay ments to begin no later than Fiscal 1980. Provided, further, that such payments in any year shall not exceed the net operating revenues derived from the operation of the parking and truck-marshalling facilities contemplated in such Capital Outlay appropriation. It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Ports Authority utilize existing surplus funds for payments to bond trustees for unmatured issues. Section 28. Department of Labor. A. Budget Unit: Inspection Division ........................................................................$ 811,177 Inspection Division Budget: Personal Services.......................................................................................................! 668,295 Regular Operating Expenses .....................................................................................$ 10,200 Travel..........................................................................................................................? 119,024 Motor Vehicle Equipment Purchases ............................................................................$ -0- PublicationsandPrinting............................................................................................$ 5,000 Equipment Purchases......................................................................................................! 465 Computer Charges.............................................................................................................$ -0- Real Estate Rentals .....................................................................................,................$ 7,591 Telecommunications.....................................................................................................! 8,000 Per Diem, Fees and Contracts.......................................................................................$ 500 Total Funds Budgeted .............................................................................................$ 819,075 State Funds Budgeted..............................................................................................! 811,177 Total Positions Budgeted 29 Budget Unit Object Classes: Personal Services......................................................................................................-! 668,295 Regular Operating Expenses .....................................................................................$ 10,200 Travel..........................................................................................................................! 119,024 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 5,000 Equipment Purchases......................................................................................................! 465 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 7,591 Telecommunications.....................................................................................................! 8,000 Per Diem, Fees and Contracts.......................................................................................! 500 Total Positions Budgeted 29 B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training..........................................................................! 3,156,367 1. Basic Employment Security and W.I.N. Budget: Personal Services..................................................................................................! 38,192,569 Regular Operating Expenses ..........,.....................................................................$ 2,396,700 Travel.......................................................................................................................! 1,057,741 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing..........................................................................................! 10,600 Equipment Purchases............................................................................................! 1,005,000 Computer Charges.................................................................................................! 1,038,000 Real Estate Rentals...............................................................................................! 1,117,000 Telecommunications.................................................................................................! 948,000 Per Diem, Fees and Contracts.............................................................................! 1,250,000 W.I.N. Grants............................................................................................................! 600,000 2394 JOURNAL OF THE HOUSE, Capital Outlay...................................................................................................................$ -0- Total Funds Budgeted ........................................................................................$ 47,615,610 State Funds Budgeted...........................................................................................$ 1,278,049 Total Positions Budgeted 1,601 2. Comprehensive Employment and Training Act (CETA) Budget: Personal Services....................................................................................................! 8,242,500 Regular Operating Expenses ...................................................................................$ 839,200 Travel..........................................................................................................................$ 121,000 Motor Vehicle Equipment Purchases..........................................................................................................-.............! -0- Publications and Printing............................................................................................! 6,000 Equipment Purchases.................................................................................................! 87,000 Computer Charges ....................................................................................................$ 104,000 Real Estate Rentals ..................................................................................................$ 206,000 Telecommunications.................................................................................................! 113,000 Per Diem, Fees and Contracts (CETA) .................................................................................................$ 381,000 CETA Direct Benefits.........................................................................................! 34,500,000 Total Funds Budgeted ........................................................................................$ 44,599,700 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 422 3. Correctional Services Budget: Personal Services....................................................................................................! 1,668,300 Regular Operating Expenses .....................................................................................$ 44,700 Travel............................................................................................................................! 50,866 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing...............................................................................................! 750 Equipment Purchases...................................................................................................! 1,000 Computer Charges........................................................................................................! 3,600 Real Estate Rentals....................................................................................................! 63,000 Telecommunications...................................................................................................! 39,000 Per Diem, Fees and Contracts...........................................................................-....! 23,600 Total Funds Budgeted ..........................................................................................$ 1,894,816 State Funds Budgeted...........................................................................................! 1,878,318 Total Positions Budgeted 74 Budget Unit Object Classes: Personal Services.................................................................................................-! 48,103,369 Regular Operating Expenses................................................................................! 3,280,600 Travel.......................................................................................................................! 1,229,607 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing..........................................................................................! 17,350 Equipment Purchases............................................,...............................................! 1,093,000 Computer Charges.................................................................................................! 1,145,600 Real Estate Rentals...............................................................................................! 1,386,000 Telecommunications..............................................................................................! 1,100,000 Per Diem, Fees and Contracts (CETA).................................................................................................$ 381,000 Per Diem, Fees and Contracts.............................................................................! 1,273,600 W.I.N. Grants............................................................................................................$600,000 CETA Direct Benefits.........................................................................................! 34,500,000 Capital Outlay..............................................................................................................-...! -0- Total Positions Budgeted 2,097 Authorized Motor Vehicles 6 TUESDAY, MARCH 16, 1982 2395 Section 29. Department of Law. Budget Unit: Department of Law.........................................................................? 4,253.633 Attorney General's Office Budget: Personal Services....................................................................................................$ 3,747,000 Regular Operating Expenses ...................................................................................$ 214,700 Travel.........................................................................................................................,$ 105,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................? 37,200 Equipment Purchases...................................................................................................? 6,800 Computer Charges ........................................................................................................$ 9,252 Books for State Library.............................................................................................? 53,000 Real Estate Rentals..................................................................................................? 293,480 Telecommunications...................................................................................................? 89,891 Per Diem, Fees and Contracts..................................................................................? 40,000 Capital Outlay...................................................................................................................? ^ Total Funds Budgeted ..........................................................................................$ 4,596,323 State Funds Budgeted...........................................................................................? 4,253,633 Total Positions Budgeted 116 Budget Unit Object Classes: Personal Services....................................................................................................? 3,747,000 Regular Operating Expenses...................................................................................? 214,700 Travel..........................................................................................................................? 105,000 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing..........................................................................................? 37,200 Equipment Purchases...................................................................................................? 6,800 Computer Charges........................................................................................................? 9,252 Real Estate Rentals..................................................................................................? 293,480 Telecommunications..........................,........................................................................? 89,891 Per Diem, Fees and Contracts..................................................................................? 40,000 Books for State Library.............................................................................................? 53,000 Capital Outlay...................................................................................................................? -0- Total Positions Budgeted 116 Authorized Motor Vehicles 1 For the cost of operating the Department of Law provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, steno graphic help, necessary to carry on the legal duties of the State, required of the Depart ment of Law, or any agency of the State in the Executive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by law. Provided, however, that of the above appropriation relative to regular operating expenses, ?38,000 is designated and committed for Court Reporter Fees. Section 30. Department of Medical Assistance. Budget Unit: Medicaid Services .......................................................................? 204,170,526 1. Commissioner's Office Budget: Personal Services....................................................................................................? 1,557,819 Regular Operating Expenses.....................................................................................? 37,973 Travel............................................................................................................................? 85,500 Motor Vehicle Equipment Purchases............................................................................? -0Publications and Printing..........................................................................................? 10,358 Equipment Purchases...................................................................................................? 5,602 Computer Charges.............................................................................................................? -0Real Estate Rentals....................................................................................................? 59,000 2396 JOURNAL OF THE HOUSE, Telecommunications...................................................................................................! 55,900 Per Diem, Fees and Contracts..................................................................................! 26,000 Postage...............................................................................................................................$ 950 Utilities ...............................................................................................................................$ -0- Audits Contracts...............................................................................................................J -0- Total Funds Budgeted ..........................................................................................$ 1,839,102 State Funds Budgeted..............................................................................................$ 864,792 Total Positions Budgeted 74 2. Administration Budget: Personal Services.......................................................................................................! 986,772 Regular Operating Expenses .....................................................................................$ 64,711 Travel............................................................................................................................! 11,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 17,500 Equipment Purchases...................................................................................................! 2,000 Computer Charges......................................................................................................! 55,000 Real Estate Rentals....................................................................................................! 67,500 Telecommunications...................................................................................................! 25,960 Per Diem, Fees and Contracts................................................................................! 233,500 Postage........................................................................................................................! 164,564 Utilities...............................................................................................................................! -0- Audits Contracts.......................................................................................................! 599,700 Total Funds Budgeted ..........................................................................................$ 2,228,207 State Funds Budgeted..............................................................................................! 870,372 Total Positions Budgeted 45 3. Program Management Budget: Personal Services....................................................................................................! 1,838,355 Regular Operating Expenses.....................................................................................! 63,011 Travel............................................................................................................................! 50,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 36,200 Equipment Purchases...................................................................................................! 3,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 69,600 Telecommunications...................................................................................................! 78,200 Per Diem, Fees and Contracts.............................................................................! 8,736,700 Postage................................................................................................................................! -0- Utilities...............................................................................................................................! -0- Contract with Georgia Medical Care Foundation............................................................................................................! -0- Total Funds Budgeted ........................................................................................! 10,875,066 State Funds Budgeted...........................................................................................! 1,391,487 Total Positions Budgeted 98 4. Operations Budget: Personal Services....................................................................................................! 1,868,708 Regular Operating Expenses...................................................................................! 166,968 Travel..............................................................................................................................! 4,800 Motor Vehicle Equipment Purchases ............................................................................! -0Publications and Printing........................................................................................! 114,000 Equipment Purchases...................................................................................................! 1,800 Computer Charges.................................................................................................! 8,237,661 Real Estate Rentals....................................................................................................! 95,600 Telecommunications...................................................................................................! 89,700 Per Diem, Fees and Contracts..................................................................................! 76,000 Postage........................................................................................................................! 675,659 TUESDAY, MARCH 16, 1982 2397 Utilities ...............................................................................................................................$ ^ Total Funds Budgeted ........................................................................................$ 11,330,896 Indirect DOAS Services Funding ...................................................................................$ -0- Agency Funds .........................................................................................................$ 8,420,288 State Funds Budgeted...........................................................................................! 2,910,608 Total Positions Budgeted 111 5. Benefits Payments Budget: Medicaid Benefits ..............................................................................................$ 619,689,843 Payments to Counties for Mental Health ..............................................................................................! 8,898,900 Total Funds Budgeted ......................................................................................$ 628,588,743 State Funds Budgeted.......................................................................................! 198,133,267 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services....................................................................................................$ 6,251,654 Regular Operating Expenses ...................................................................................$ 332,663 Travel..........................................................................................................................$ 151,300 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing........................................................................................! 178,058 Equipment Purchases.................................................................................................! 12,402 Computer Charges .................................................................................................$ 8,292,661 Real Estate Rentals..................................................................................................! 291,700 Telecommunications.................................................................................................! 249,760 Per Diem, Fees and Contracts.............................................................................! 9,072,200 Postage........................................................................................................................! 841,173 Utilities...............................................................................................................................! -0- Medicaid Benefits..............................................................................................! 619,689,843 Payments to Counties for Mental Health....................................................................................................! 8,898,900 Audits Contracts.......................................................................................................! 599,700 Contract with Georgia Medical Care Foundation.............................................................................................! -0- Total Positions Budgeted 328 Authorized Motor Vehicles 5 Provided, however, the Department is authorized and directed to retain all prior years' benefit appropriations in reserve for twenty-four months after the end of the respective fiscal years to which such appropriations were made, and such reserves shall not be subject to lapse therebefore. Provided, that any reserve created by the State Auditor for the payment of Medicaid Benefits can be expended and otherwise treated for accounting and other purposes for Payments to Counties for Mental Health. Provided, however, that the Department of Medical Assistance is authorized to pay, from the above amounts appropriated, Fiscal Year 1981 Medicaid claims. Further, the Department of Medical Assistance is authorized to pay, from the above amounts appropri ated, claims by the Federal Government for Federal payment of Fiscal Year 1981 benefits in such fashion as may be prescribed by the United States Department of Health and Human Services. Section 31. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments...................................................................................! 4,574,525 2398 JOURNAL OF THE HOUSE, 1. Applicant Services Budget: Personal Services.......................................................................................................! 831,040 Regular Operating Expenses .....................................................................................$ 16,490 Travel............................................................................................................................$ 11,670 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 55,000 Equipment Purchases...................................................................................................! 6,250 Computer Charges ....................................................................................................$ 416,130 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 20,260 Per Diem, Fees and Contracts....................................................................................! 2,800 Postage..........................................................................................................................! 75,480 Total Funds Budgeted..........................................................................................! 1,435,120 Agency Assessments..............................................................................................! 1,435,120 Total Positions Budgeted 41 2. Classification and Compensation Budget: Personal Services.......................................................................................................! 458,655 Regular Operating Expenses.......................................................................................! 6,160 Travel..............................................................................................................................! 2,465 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 7,840 Equipment Purchases.......................................................................................................! -0- Computer Charges....................................................................................................! 159,665 Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 6,530 Per Diem, Fees and Contracts....................................................................................! 1,000 Postage............................................................................................................................! 2,555 Total Funds Budgeted ..................................................................,..........................$ 644,870 Agency Assessments .................................................................................................$ 644,870 Total Positions Budgeted 20 3. Program Evaluation and Audit Budget: Personal Services.......................................................................................................! 301,225 Regular Operating Expenses .......................................................................................$ 8,470 Travel..............................................................................................................................! 1,025 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing...............................................................................................! 800 Equipment Purchases............,.........................................................................................! 225 Computer Charges....................................................................................................! 207,565 Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 5,195 Per Diem, Fees and Contracts........................................................................................! -0- Postage............................................................................................................................! 1,100 Total Funds Budgeted .............................................................................................$ 525,605 Agency Assessments .................................................................................................$ 525,605 Total Positions Budgeted 14 4. Employee Training and Development Budget: Personal Services.......................................................................................................! 561,745 Regular Operating Expenses .....................................................................................$ 29,000 Travel............................................................................................................................! 22,765 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing..........................................................................................! 20,000 Equipment Purchases...................................................................................................! 2,350 Computer Charges......................................................................................................! 15,965 TUESDAY, MARCH 16, 1982 2399 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 10,720 Per Diem, Fees and Contracts ................................................................................$ 127,500 Postage............................................................................................................................! 3j600 Total Funds Budgeted .............................................................................................$ 793,645 Agency Assessments .................................................................................................$ 793,645 Total Positions Budgeted 24 5. Health Insurance Administration Budget: Personal Services.......................................................................................................$ 438,435 Regular Operating Expenses .....................................................................................I 11,220 Travel..............................................................................................................................$ 3,595 Motor Vehicle Equipment Purchases ............................................,...............................$ -0- Publications and Printing............................................................................................* 9,900 Equipment Purchases......................................................,............................................? 1,425 Computer Charges ....................................................................................................$ 234,280 Real Estate Rentals ....................................................................................................$ 23,000 Telecommunications ...................................................................................................$ 38,485 Per Diem, Fees and Contracts .............................................................................$ 3,427,270 Postage..........................................................................................................................$ 24,420 Total Funds Budgeted ........................................,.................................................$ 4,212,030 Other Health Insurance Agency Funds.................................................................................................................$ -0- Employer and Employee Contributions ......................................................................................................$ 4,212,030 Total Positions Budgeted 24 6. Health Insurance Claims Budget: Personal Services...............................................................................................................$ -0- Regular Operating Expenses ...........................................................................................$ -0- Travel..................................................................................................................................$ -0- Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing................................................................................................$ -0- Equipment Purchases.......................................................................................................$ -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications.........................................................................................................$ -0- Per Diem, Fees and Contracts.............................................................................$ 4,678,665 Postage................................................................................................................................! -0- Health Insurance Claims ..................................................................................$ 134,990,000 Total Funds Budgeted ......................................................................................$ 139,668,665 Other Health Insurance Agency Funds.................................................................................................................$ -0- Employer and Employee Contributions..................................................................................................! 139,668,665 Total Positions Budgeted 0 7. Internal Administration Budget: Personal Services.......................................................................................................! 675,150 Regular Operating Expenses.....................................................................................! 16,510 Travel..............................................................................................................................$5,475 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing............................................................................................! 8,000 Equipment Purchases...................................................................................................! 1,615 Computer Charges......................................................................................................! 63,995 Real Estate Rentals..........................................................................................................! -0- 2400 JOURNAL OF THE HOUSE, Telecommunications...................................................................................................$ 14,440 Per Diem, Fees and Contracts ........................................................................................$ -0- Postage............................................................................................................................$ 3,330 Federal Sub-grants to State and Local Agencies.............................................................................................! -0- Total Funds Budgeted .............................................................................................$ 788,515 Agency Assessments .................................................................................................$ 615,920 Employer and Employee Contributions ................................................................$ 144,011 Deferred Compensation .............................................................................................$ 28,584 Total Positions Budgeted 35 8. Commissioner's Office Budget: Personal Services.......................................................................................................! 283,750 Regular Operating Expenses .....................................................................................$ 13,825 Travel..............................................................................................................................$ 9,200 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 14,630 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..................................................................................................! 178,950 Telecommunications.....................................................................................................! 5,385 Per Diem, Fees and Contracts..................................................................................! 49,960 Postage............................................................................................................................! 3,665 Total Funds Budgeted .............................................................................................$ 559,365 Agency Assessments .................................................................................................$ 559,365 Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services....................................................................................................! 3,550,000 Regular Operating Expenses...................................................................................! 101,675 Travel............................................................................................................................! 56,195 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing........................................................................................! 116,170 Equipment Purchases.................................................................................................! 11,865 Computer Charges .................................................................................................$ 1,097,600 Real Estate Rentals..................................................................................................! 201,950 Telecommunications.................................................................................................! 101,015 Per Diem, Fees and Contracts.............................................................................! 8,287,195 Postage........................................................................................................................! 114,150 Federal Sub-grants to State and Local Agencies.............................................................................................! -0- Health Insurance Claim Payments .................................................................$ 134,990,000 Total Positions Budgeted 166 Authorized Motor Vehicles 0 Provided, that it is the intent of this General Assembly that the employer contribution paid by the State for Teachers Health Insurance shall be for State allotted teachers, and the base for this payment shall be the eligible salary for teachers according to the Teacher Salary Index, before the assignment of Required Local Effort. Section 32. Department of Natural Resources. A. Budget Unit: Department of Natural Resources.....................................................................................................! 49,530,914 1. Internal Administration Budget: Personal Services....................................................................................................! 1,925,800 Regular Operating Expenses...................................................................................! 183,504 TUESDAY, MARCH 16, 1982 2401 Travel............................................................................................................................$ 19,500 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing........................................................................................$ 187,290 Equipment Puichase8...................................................................................................$ 7,900 Computer Charges ....................................................................................................$ 171,325 Real Estate Rentals ..................................................................................................$ 153,542 Telecommunications...................................................................................................$ 70,714 Per Diem, Fees and Contracts ..................................................................................$ 68,500 Postage..........................................................................................................................! 96,800 Capital Outlay - Heritage Trust...............................................................................! 75,000 Total Funds Budgeted ..........................................................................................$ 2,959,875 Receipts from Jekyll Island State Park Authority and Stone Mountain Memorial Association ...............................................................................................................$ 40,000 State Funds Budgeted...........................................................................................! 2,866,676 Total Positions Budgeted 84 2. Game and Fish Budget: Personal Services..................................................................................................! 11,465,687 Regular Operating Expenses ................................................................................$ 3,293,350 Travel............................................................................................................................$ 93,775 Motor Vehicle Equipment Purchases................................................................................................................! 698,012 Publications and Printing..........................................................................................! 80,300 Equipment Purchases...............................................................................................! 370,200 Computer Charges......................................................................................................! 50,800 Real Estate Rentals....................................................................................................! 42,581 Telecommunications.................................................................................................! 221,150 Per Diem, Fees and Contracts..................................................................................! 83,155 Postage..........................................................................................................................! 64,000 Capital Outlay - Hatchery Renovation.................................................................................................................! 8,000 Capital Outlay - Repairs and Maintenance...........................................................................................................! -0- Capital Outlay...........................................................................................................! 433,730 Grants to Local Governments.........................................................................................! -0- Capital Outlay Consolidated Maintenance...................................................................................! 241,506 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition .........................................................................................! 350,000 Total Funds Budgeted ........................................................................................! 17,496,246 State Funds Budgeted.........................................................................................! 14,066,989 Total Positions Budgeted 484 3. Parks, Recreation and Historic Sites Budget: Personal Services....................................................................................................! 8,211,000 Regular Operating Expenses................................................................................! 3,614,241 Travel..........................................................................................................................! 100,323 Motor Vehicle Equipment Purchases................................................................................................................! 177,297 Publications and Printing........................................................................................! 125,000 Equipment Purchases...............................................................................................! 254,600 Computer Charges......................................................................................................! 17,220 Real Estate Rentals..................................................................................................! 111,392 Telecommunications........................................................................................-........! 230,270 2402 JOURNAL OF THE HOUSE, Per Diem, Fees and Contracts .......................................................................,........$ 185,600 Postage..........................................................................................................................$ 65,000 Capital Outlay ...........................................................................................................$ 286,000 Capital Outlay - Repairs and Maintenance................................................................................................$ 1,525,850 Capital Outlay - Shop Stock ...................................................................................$ 300,000 Cost of Material for Resale .....................................................................................$ 825,000 Authority Lease Rentals .......................................................................................$ 2,183,000 Land and Water Conservation Grants ..................................................................................................................$ 1,500,000 Recreation Grants.....................................................................................................! 565,000 YACC and YCC Grants ...................................................................................................$ -0- Contract - Special Olympics, Inc............................................................................$ 186,000 Georgia Sports Hall of Fame ....................................................................................$ 50,000 Capital Outlay - User Fee Enhancements.....................................................................................................! 1,200,000 Technical Assistance Contract................................................................................! 100,000 Contract - Special Recreation, Unlimited..................................................................................................................! 32,500 Total Funds Budgeted ........................................................................................$ 21,845,293 State Funds Budgeted.........................................................................................! 13,173,002 Total Positions Budgeted 394 4. Environmental Protection Budget: Personal Services....................................................................................................! 8,909,209 Regular Operating Expenses ...................................................................................$ 662,987 Travel..........................................................................................................................! 288,510 Motor Vehicle Equipment Purchases..................................................................................................................! 36,214 Publications and Printing..........................................................................................! 74,300 Equipment Purchases.................................................................................................! 45,398 Computer Charges....................................................................................................! 128,550 Real Estate Rentals..................................................................................................! 482,560 Telecommunications.................................................................................................! 174,440 Per Diem, Fees and Contracts................................................................................! 682,699 Postage..........................................................................................................................! 98,000 Solid Waste Grants................................................................................................! 1,500,000 Water and Sewer Grants ......................................................................................$ 6,000,000 Contract with U.S. Geological Survey for Ground Water Resources Survey ..................................................................................................$ 250,437 Topographic Mapping U.S. Geological Survey..................................................................................................! 125,000 Total Funds Budgeted........................................................................................! 19,458,304 State Funds Budgeted.........................................................................................! 16,139,616 Total Positions Budgeted 347 5. Coastal Resources Budget: Personal Services.......................................................................................................! 755,301 Regular Operating Expenses ...................................................................................$ 225,911 Travel............................................................................................................................! 20,000 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing..........................................................................................! 28,100 Equipment Purchases...................................................................................................! 5,231 Computer Charges......................................................................................................! 14,894 Real Estate Rentals ..........................................................................................................$ -0Telecommunications...................................................................................................! 24,361 Per Diem, Fees and Contracts....................................................................................! 8,450 TUESDAY, MARCH 16, 1982 2403 Postage..........................................................................................................................! 16,900 Capital Outlay ...................................................................................................................$ -0- Capital Outlay - Repairs and Maintenance.......................................................................................................! 2,763 Capital Outlay - Buoy Maintenance........................................................................! 13,000 Total Funds Budgeted ..........................................................................................$ 1,114,911 State Funds Budgeted...........................................................................................! 1,061,900 Total Positions Budgeted 29 6. Lake Lanier Islands Development Authority Budget: Payments to Lake Lanier Islands Development Authority for Operations..............................................................................................................! 510,884 Payments to Lake Lanier Islands Development Authority for Capital Outlay.......................................................................................................! 376,847 Total Funds Budgeted.............................................................................................! 887,731 State Funds Budgeted..............................................................................................! 887,731 Total Positions Budgeted 0 7. Jekyll Island State Park Authority Budget: Payments to Jekyll Island State Park Authority for Operations....................................................................................! -0- Payments to Jekyll Island State Park Authority for Capital Outlay ..............................................................................................| 1,255,000 Total Funds Budgeted..........................................................................................! 1,255,000 State Funds Budgeted...........................................................................................! 1,255,000 Total Positions Budgeted 0 8. Georgia Hazardous Waste Management Authority Budget: Payments to Georgia Hazardous Waste Management Authority ..............................................................................$ 80,000 Total Funds Budgeted...............................................................................................! 80,000 State Funds Budgeted................................................................................................! 80,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services..................................................................................................! 31,266,997 Regular Operating Expenses................................................................................! 7,979,993 Travel..........................................................................................................................! 522,108 Motor Vehicle Equipment Purchases................................................................................................................! 911,523 Publications and Printing........................................................................................! 494,990 Equipment Purchases...............................................................................................! 683,329 Computer Charges....................................................................................................! 382,789 Real Estate Rentals..................................................................................................! 790,075 Telecommunications.................................................................................................! 720,935 Per Diem, Fees and Contracts.............................................................................! 1,028,404 Postage........................................................................................................................! 340,700 Land and Water Conservation Grants..................................................................................................................! 1,500,000 Recreation Grants.....................................................................................................! 565,000 Young Adult Conservation Corps and Youth Conservation Corps Grants..............................................................................................................................! -0- 2404 JOURNAL OF THE HOUSE, Water and Sewer Grants ......................................................................................$ 6,000,000 Solid Waste Grants................................................................................................} 1,500,000 Contract with U. S. Geological Survey for Ground Water Resources Survey ..................................................................................................$ 250,437 Contract with U.S. Geological Survey for Topographic Maps.............................................................................$ 125,000 Capital Outlay - Hatchery Renovation .................................................................................................................$ 8,000 Capital Outlay ...........................................................................................................$ 719,730 Capital Outlay - Repairs and Maintenance................................................................................................$ 1,528,613 Capital Outlay - Shop Stock ...................................................................................$ 300,000 Capital Outlay - Heritage Trust...............................................................................$ 75,000 Authority Lease Rentals .......................................................................................$ 2,183,000 Cost of Material for Resale .....................................................................................$ 825,000 Payments to Lake Lanier Islands Development Authority for Operations........................................................................................................$ 510,884 Payments to Lake Lanier Islands Development Authority for Capital Outlay .................................................................................................$ 376,847 Payments to Jekyll Island State Park Authority for Operations....................................................................................} -0- Payments to Jekyll Island State Park Authority for Capital Outlay...................................................................................................................$ 1,255,000 Contract - Special Olympics, Inc............................................................................................................................$ 186,000 Georgia Sports Hall of Fame ....................................................................................$ 50,000 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition .........................................................................................$ 350,000 Payments to Georgia Hazardous Waste Management Authority ..............................................................................$ 80,000 Capital Outlay - User Fee Enhancements.....................................................................................................} 1,200,000 Capital Outlay - Buoy Maintenance.............................................................................................................! 13,000 Capital Outlay - Consolidated Maintenance...................................................................................} 241,506 Technical Assistance Contract................................................................................} 100,000 Contract - Special Recreation, Unlimited..................................................................................................................} 32,500 Total Positions Budgeted 1,338 Authorized Motor Vehicles 1,017 Provided, that no land shall be purchased for State park purposes from funds appropri ated under this Section or from any other funds without the approval of the State Proper ties Control Commission, except that land specifically provided for in this Section. Provided, however, that $1,000,000 of the above appropriation for Water and Sewer Grants shall be available for allotment to counties and municipalities for emergency type projects, and that }5,000,000 is designated and committed for grants to local governments for water and sewer projects utilizing a maximum State match of 50% of the total cost of each project. Provided, further that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources. Provided that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Natural TUESDAY, MARCH 16, 1982 2405 Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities. Provided further, it is the intent of this General Assembly that a two paygrade increase be authorized for the Geologist and Senior Geologist classes and a one paygrade increase be authorized for the Principal Geologist class. B. Budget Unit: Authorities...............................................................................................! -0- 1. Lake Lanier Islands Development Authority Budget: Personal Services....................................................................................................! 1,508,000 Regular Operating Expenses ...................................................................................$ 581,500 Travel..............................................................................................................................$ 5,950 Motor Vehicle Equipment Purchases......................................................................! 34,500 Publications and Printing..........................................................................................! 42,000 Equipment Purchases.................................................................................................! 77,160 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications ...................................................................................................$ 39,000 Per Diem, Fees and Contracts..................................................................................! 27,500 Capital Outlay...........................................................................................................! 731,194 Campground Sinking Fund .....................................................1......................................$ -0- Promotion Expenses.........................................................................,...............................! -0- Total Funds Budgeted ..........................................................................................$ 3,046,804 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 63 2. Jekyll Island State Park Authority Budget: Personal Services....................................................................................................! 2,339,866 Regular Operating Expenses ................................................................................$ 1,724,023 Travel............................................................................................................................! 18,954 Motor Vehicle Equipment Purchases......................................................................! 60,000 Publications and Printing..........................................................................................! 18,688 Equipment Purchases...............................................................................................! 203,730 Computer Charges......................................................................................................! 20,000 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................$ 37,978 Per Diem, Fees and Contracts..................................................................................! 63,300 Mortgage Payments..........................................................................................................! -0- Capital Outlay........................................................................................................! 1,255,000 Promotion Expenses.........................................................................................................! -0- Payments to the Department of Natural Resources ..............................................................................................| 40,000 Total Funds Budgeted ..........................................................................................$ 5,781,539 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 162 3. Georgia Hazardous Waste Management Authority Budget: Personal Services...............................................................................................................! -0Regular Operating Expenses...........................................................................................! -0Travel..................................................................................................................................! -0Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing................................................................................................! -0Equipment Purchases.......................................................................................................! -0Computer Charges.............................................................................................................! -0Real Estate Rentals..........................................................................................................! -0- 2406 JOURNAL OF THE HOUSE, Per Diem, Fees and Contracts..................................................................................! 80,000 Capital Outlay ...................................................................................................................$ -0- Total Funds Budgeted ...............................................................................................$ 80,000 State Funds Budgeted......................................................................................................$ -0- Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services....................................................................................................$ 3,847,866 Regular Operating Expenses ................................................................................$ 2,305,523 Travel............................................................................................................................$ 24,904 Motor Vehicle Equipment Purchases ......................................................................$ 94,500 Publications and Printing..........................................................................................! 60,688 Equipment..................................................................................................................! 280,890 Computer Charges......................................................................................................! 20,000 Real Estate Rentals..........................................................................................................! -0- Telecommunications ...................................................................................................$ 76,978 Per Diem, Fees and Contracts................................................................................! 170,800 Capital Outlay ........................................................................................................$ 1,986,194 Promotion Expense...........................................................................................................! -0- Campground Sinking Fund .............................................................................................$ -0- Payments to the Department of Natural Resources ..............................................................................................$ 40,000 Mortgage Payments..........................................................................................................! -0- Total Positions Budgeted 225 Authorized Motor Vehicles 91 It is the intent of this General Assembly that Lake Lanier Islands Development Author ity shall not be free to borrow money until the Authority requests and obtains the approval of the Georgia State Financing and Investment Commission. Section 33. Department of Offender Rehabilitation. A. Budget Unit: Department of Offender Rehabilitation...........................................................................................! 117,511,251 1. General Administration and Support Budget: Personal Services....................................................................................................! 3,281,300 Regular Operating Expenses ...................................................................................$ 260,315 Travel............................................................................................................................! 60,030 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................! 19,300 Computer Charges....................................................................................................! 627,304 Real Estate Rentals..................................................................................................! 225,000 Telecommunications.................................................................................................! 170,400 Per Diem, Fees and Contracts................................................................................! 491,245 Utilities...............................................................................................................................!^: Total Funds Budgeted ..........................................................................................$ 5,134,894 State Funds Budgeted...........................................................................................! 5,086,599 Total Positions Budgeted 148 2. Georgia Training and Development Center Budget: Personal Services....................................................................................................! 1,229,070 Regular Operating Expenses...................................................................................! 116,410 Travel.................................................................................................................................! 770 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing................................................................................................! -0- TUESDAY, MARCH 16, 1982 2407 Equipment Purchases.................................................................................................$ 20,205 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 13,500 Per Diem, Fees and Contracts........................................................................................! -0- Utilities .......................................................................................................................$ 111,680 Total Funds Budgeted ..........................................................................................$ 1,491,635 State Funds Budgeted...........................................................................................! 1,476,720 Total Positions Budgeted 65 3. Georgia Industrial Institute Budget: Personal Services....................................................................................................! 4,979,860 Regular Operating Expenses ...................................................................................$ 714,487 Travel..............................................................................................................................! 7,854 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 2,899 Equipment Purchases.................................................................................................! 40,664 Computer Charges.............................................................................................................! -0- Real Estate Rentals...........................................................................................................! 30 Telecommunications...................................................................................................! 42,470 Per Diem, Fees and Contracts....................................................................................! 2,400 Utilities.......................................................................................................................! 496,500 Health Service Purchases ..........................................................................................$ 64,606 Total Funds Budgeted..........................................................................................! 6,351,770 State Funds Budgeted...........................................................................................! 6,289,320 Total Positions Budgeted 303 4. Alto Education and Evaluation Center Budget: Personal Services....................................................................................................! 1,233,921 Regular Operating Expenses .....................................................................................$ 57,130 Travel..............................................................................................................................! 3,400 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 4,920 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications .....................................................................................................$ 4,000 Per Diem, Fees and Contracts........................................................................................! -0- Utilities ...............................................................................................................................$ -_& Total Funds Budgeted ..........................................................................................$ 1,303,371 State Funds Budgeted...........................................................................................! 1,088,450 Total Positions Budgeted 50 5. Georgia Diagnostic and Classification Center Budget: Personal Services....................................................................................................! 4,794,844 Regular Operating Expenses ...................................................................................$ 652,807 Travel..............................................................................................................................! 2,200 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing................................................................................................! -0Equipment Purchases.................................................................................................! 20,644 Computer Charges.............................................................................................................! -0Real Estate Rentals..........................................................................................................! -0Telecommunications...................................................................................................! 39,645 Per Diem, Fees and Contracts....................................................................................! 3,300 Utilities.......................................................................................................................! 478,000 2408 JOURNAL OF THE HOUSE, Health Service Purchases ..........................................................................................| 67,835 Total Funds Budgeted ..........................................................................................$ 6,059,275 State Funds Budgeted...........................................................................................! 5,999,360 Total Positions Budgeted 288 6. Georgia State Prison Budget: Personal Services..................................................................................................$ 10,921,560 Regular Operating Expenses ...................................................................................$ 818,075 Travel..............................................................................................................................$ 7,750 Motor Vehicle Equipment Purchases ........................................................................................................................$ -0- Publications and Printing................................................................................................$ -0- Equipment Purchases...............................................................................................$ 153,600 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................$ 73,800 Per Diem, Fees and Contracts..................................................................................! 63,800 Utilities....................................................................................................................! 1,200,000 Capital Outlay...................................................................................................................!^ Total Funds Budgeted ........................................................................................$ 13,238,585 State Funds Budgeted.........................................................................................! 13,081,450 Total Positions Budgeted 676 7. Consolidated Branches Budget: Personal Services....................................................................................................! 3,706,085 Regular Operating Expenses...................................................................................! 383,475 Travel..............................................................................................................................! 4,465 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................! 38,305 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications ...................................................................................................$ 43,750 Per Diem, Fees and Contracts..................................................................................! 12,000 Utilities.......................................................................................................................! 314,400 Total Funds Budgeted ..........................................................................................$ 4,502,480 State Funds Budgeted...........................................................................................! 4,335,805 Total Positions Budgeted 212 8. Lee Correctional Institution Budget: Personal Services....................................................................................................! 1,861,500 Regular Operating Expenses ...................................................................................$ 184,415 Travel..............................................................................................................................! 2,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 2,450 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 24,100 Per Diem, Fees and Contracts........................................................................................! -0- Utilities.......................................................................................................................! 200,000 Total Funds Budgeted..........................................................................................! 2,274,965 State Funds Budgeted...........................................................................................! 2,252,215 Total Positions Budgeted 117 9. Montgomery Correctional Institution Budget: Personal Services....................................................................................................! 1,086,900 TUESDAY, MARCH 16, 1982 2409 Regular Operating Expenses ...................................................................................$ 140,760 Travel.............................................................................................................................-$ 1,450 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................$ -0- Equipment Purchases.................................................................................................$ 11,850 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications...................................................................................................$ 14,000 Per Diem, Fees and Contracts ....................................................................................$ 3,360 Utilities .......................................................................................................................$ 124,600 Capital Outlay...................................................................................................................!^ Total Funds Budgeted ..........................................................................................$ 1,382,920 State Funds Budgeted...........................................................................................$ 1,369,090 Total Positions Budgeted 59 10. Walker Correctional Institution Budget: Personal Services....................................................................................................$ 1,089,880 Regular Operating Expenses ...................................................................................$ 166,650 Travel..............................................................................................................................$ 2,600 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................$ -0- Equipment Purchases.................................................................................................^ 22,660 Computer Charges.............................................................................................................? -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 18,500 Per Diem, Fees and Contracts ........................................................................................$ -0- Utilities .......................................................................................................................$ 121,500 Total Funds Budgeted ..........................................................................................$ 1,421,790 State Funds Budgeted...........................................................................................! 1,407,575 Total Positions Budgeted 62 11. Middle Georgia Correctional Institution - Women's Unit Budget: Personal Services....................................................................................................! 1,845,226 Regular Operating Expenses ...................................................................................$ 101,378 Travel.................................................................................................................................! 200 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 4,556 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.........................................................................................................! -0- Per Diem, Fees and Contracts........................................................................................! -0- Utilities ...............................................................................................................................| -_& Total Funds Budgeted..........................................................................................! 1,951,360 State Funds Budgeted...........................................................................................! 1,931,845 Total Positions Budgeted 110 12. Jack T. Rutledge Correctional Institution Budget: Personal Services....................................................................................................! 2,432,800 Regular Operating Expenses ...................................................................................$ 230,570 Travel.................................................................................................................-...........! 1,500 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing................................................................................................! -0Equipment Purchases...................................................................................................! 1,105 Computer Charges.............................................................................................................! -0- 2410 JOURNAL OF THE HOUSE, Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 13,000 Per Diem, Fees and Contracts ........................................................................................$ -0- Utilities .......................................................................................................................I 230,000 Total Funds Budgeted ..........................................................................................$ 2,908,975 State Funds Budgeted...........................................................................................! 2,879,885 Total Positions Budgeted 140 13. Middle Georgia Correctional Institution - Youthful Offender Unit Budget: Personal Services....................................................................................................! 4,124,915 Regular Operating Expenses ...................................................................................$ 543,727 Travel..............................................................................................................................! 4,300 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................! 61,495 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 3,960 Telecommunications...................................................................................................! 93,486 Per Diem, Fees and Contracts........................................................................................! -0- Utilities.......................................................................................................................$ 200,000 Health Service Purchases ..........................................................................................$ 44,000 Payments to Central State Hospital for Utilities.............................................................................................! 404,000 Total Funds Budgeted ..........................................................................................$ 5,479,883 State Funds Budgeted...........................................................................................! 5,425,675 Total Positions Budgeted 241 14. Central Correctional Institution Budget: Personal Services....................................................................................................! 2,231,170 Regular Operating Expenses ....................................................,,.............................$ 204,250 Travel..............................................................................................................................! 2,075 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 7,645 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 15,750 Per Diem, Fees and Contracts........................................................................................! -0- Utilities.......................................................................................................................! 212,000 Total Funds Budgeted ..........................................................................................$ 2,672,890 State Funds Budgeted...........................................................................................! 2,646,160 Total Positions Budgeted 135 15. Middle Georgia Correctional Institution - Men's Unit Budget: Personal Services....................................................................................................! 1,638,580 Regular Operating Expenses .....................................................................................$ 95,100 Travel..................................................................................................................................! -0Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing................................................................................................! -0Equipment Purchases......................................................................................................! 785 Computer Charges.............................................................................................................! -0Real Estate Rentals..........................................................................................................! -0Telecommunications.........................................................................................................! -0Per Diem, Fees and Contracts........................................................................................! -0- TUESDAY, MARCH 16, 1982 2411 Utilities .....................................................,.........................................................................$ -0- Payments to Central State Hospital for Utilities.....................................................................................................! -0- Total Funds Budgeted ..........................................................................................$ 1,734,465 State Funds Budgeted...........................................................................................$ 1,717,120 Total Positions Budgeted 97 16. Metro Correctional Institution Budget: Personal Services....................................................................................................$ 2,881,881 Regular Operating Expenses ...................................................................................$ 360,125 Travel..............................................................................................................................$ 2,580 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................! 11,904 Computer Charges.............................................................................................................! -0- Real Estate Rentals ......................................................................................................$ 8,700 Telecommunications...................................................................................................! 34,000 Per Diem, Fees and Contracts..................................................................................! 10,000 Health Service Purchases ..........................................................................................$ 51,040 Utilities.......................................................................................................................! 210,000 Total Funds Budgeted ..........................................................................................$ 3,570,230 State Funds Budgeted...........................................................................................! 3,535,040 Total Positions Budgeted 184 17. Coastal Correctional Institution Budget: Personal Services....................................................................................................! 2,788,790 Regular Operating Expenses...................................................................................! 470,632 Travel..............................................................................................................................! 5,993 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 3,201 Equipment Purchases...................................................................................................! 8,760 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 5,000 Telecommunications...................................................................................................! 37,000 Per Diem, Fees and Contracts..................................................................................! 10,800 Health Service Purchases ..........................................................................................$ 94,969 Utilities.......................................................................................................................! 209,000 Total Funds Budgeted..........................................................................................! 3,634,145 State Funds Budgeted...........................................................................................! 3,529,455 Total Positions Budgeted 177 18. Adult Facilities and Programs Budget: Personal Services....................................................................................................! 2,658,191 Regular Operating Expenses...................................................................................! 195,791 Travel...........................................................................................................................454,900 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 4,565 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 3,000 Telecommunications...................................................................................................! 26,270 Per Diem, Fees and Contracts..................................................................................! 97,000 Utilities...............................................................................................................................!^ Total Funds Budgeted ..........................................................................................! 3,039,717 State Funds Budgeted...........................................................................................! 3,009,628 Total Positions Budgeted 125 2412 JOURNAL OF THE HOUSE, 19. Central Funds Budget: Personal Services.........................................................................................................$ 92,200 Regular Operating Expenses ................................................................................$ 1,085,980 Travel............................................................................................................................$ 15,000 Motor Vehicle Equipment Purchases........................................................................................................................? -0- Publications and Printing........................................................................................! 145,000 Equipment Purchases...............................................................................................!? 217,220 Computer Charges.............................................................................................................$ -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications .........................................................................................................$ -0- Per Diem, Fees and Contracts..................................................................................i|> 84,000 Utilities...............................................................................................................................! -0- Authority Lease Rentals ..........................................................................................$ 840,000 Payments to Jails for State Prisoner Medical Costs ........................................................................................$ 219,000 Court Costs ................................................................................................................$ 264,000 Inmate Release Funds..............................................................................................$ 630,000 County Subsidy ......................................................................................................$ 6,761,625 County Subsidy for Jails..........................................................................................$ 712,500 Revolving Fund for County Workcamp Construction........................................................................................! 92,072 Central Repair Fund ................................................................................................$ 500,000 Grants for County Workcamp Construction...........................................................................................................! 155,000 Capital Outlay ........................................................................................................$ 1,360,000 Total Funds Budgeted ........................................................................................$ 13,173,597 State Funds Budgeted.........................................................................................! 12,979,842 Total Positions Budgeted 3 20. Training and Staff Development Center Budget: Personal Services.......................................................................................................! 663,000 Regular Operating Expenses ...................................................................................$ 166,700 Travel..........................................................................................................................! 117,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 2,600 Equipment Purchases.................................................................................................! 10,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 34,000 Telecommunications...................................................................................................! 16,000 Per Diem, Fees and Contracts........................................................................................! -0- Utilities.........................................................................................................................! 18,000 Total Funds Budgeted ..........................................................................................$ 1,027,300 State Funds Budgeted...........................................................................................! 1,017,027 Total Positions Budgeted 32 21. D.O.T. Work Details Budget: Personal Services.......................................................................................................! 420,000 Regular Operating Expenses .....................................................................................$ 14,100 Travel..................................................................................................................................! -0Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing................................................................................................! -0Equipment Purchases.......................................................................................................! -0Computer Charges.............................................................................................................! -0Real Estate Rentals..........................................................................................................! -0Telecommunications.........................................................................................................! -0Per Diem, Fees and Contracts........................................................................................! -0- TUESDAY, MARCH 16, 1982 2413 Utilities...............................................................................................................................!^ Total Funds Budgeted .............................................................................................$ 434,100 State Funds Budgeted......................................................................................................$ -0- Total Positions Budgeted 26 22. Food Processing and Distribution Budget: Personal Services....................................................................................................! 2,494,232 Regular Operating Expenses ................................................................................$ 3,813,640 Travel..............................................................................................................................! 8,150 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................$ -0- Equipment Purchases...............................................................................................! 165,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications .....................................................................................................$ 9,000 Per Diem, Fees and Contracts........................................................................................! -0- Utilities ...............................................................................................................................$ -0- Capital Outlay...................................................................................................................! -0- Payments to Central State Hospital for Meals.............................................................................................! 1,401,635 Payments to Central State Hospital for Utilities...........................................................................................-.! 45,000 Total Funds Budgeted..........................................................................................! 7,936,657 State Funds Budgeted...........................................................................................! 7,477,020 Total Positions Budgeted 165 23. Farm Operations Budget: Personal Services.....................................................................................................-.! 600,000 Regular Operating Expenses ................................................................................$ 2,921,800 Travel..................................................................................................................................! -0- Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................! 60,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.........................................................................................................! -0- Per Diem, Fees and Contracts..................................................................................! 49,900 Utilities...............................................................................................................................! -0- Capital Outlay...................................................................................................................! ^ Total Funds Budgeted..........................................................................................! 3,631,700 State Funds Budgeted...........................................................................................! 3,565,685 Total Positions Budgeted 33 24. Dodge Correctional Institution Budget: Personal Services....................................................................................................! 1,700,917 Regular Operating Expenses .................,,.................,,.............................................$ 276,240 Travel..............................................................................................................................! 2,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing................................................................................................! -0Equipment Purchases...................................................................................................! 9,369 Computer Charges.............................................................................................................! -0Real Estate Rentals......................................................................................................! 6,000 Telecommunications...................................................................................................! 23,000 Per Diem, Fees and Contracts..................................................................................! 36,000 Utilities.......................................................................................................................! 175,000 2414 JOURNAL OF THE HOUSE, Health Service Purchases ..........................................................................................! 41,554 Total Funds Budgeted ..........................................................................................$ 2,270,080 State Funds Budgeted...........................................................................................! 2,243,895 Total Positions Budgeted 146 25. Transitional Centers Budget: Personal Services....................................................................................................! 2,124,900 Regular Operating Expenses ...................................................................................$ 216,820 Travel..............................................................................................................................! 6,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing....,...........................................................................................! -0- Equipment Purchases.................................................................................................! 15,300 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..................................................................................................$ 201,800 Telecommunications...........................................................................................-.......! 32,800 Per Diem, Fees and Contracts....................................................................................! 5,800 Utilities.......................................................................................................................! 221,000 Capital Outlay...................................................................................................................!^ Total Funds Budgeted ..........................................................................................$ 2,824,420 State Funds Budgeted...........................................................................................! 2,796,175 Total Positions Budgeted 119 26. Augusta Correctional and Medical Institution Budget: Personal Services....................................................................................................! 3,565,805 Regular Operating Expenses ...................................................................................$ 947,700 Travel..............................................................................................................................! 6,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 7,600 Computer Charges.............................................................................................................! -0- Real Estate Rentals ......................................................................................................$ 8,700 Telecommunications...................................................................................................! 30,950 Per Diem, Fees and Contracts....................................................................................! 4,800 Utilities.......................................................................................................................! 330,000 Health Service Purchases .....................................................................................f 1,147,000 Total Funds Budgeted ..........................................................................................$ 6,048,555 State Funds Budgeted...........................................................................................! 5,991,740 Total Positions Budgeted 289 27. Health Care Budget: Personal Services....................................................................................................! 3,080,400 Regular Operating Expenses...................................................................................! 675,550 Travel..................................................................................................................................! -0- Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................! 36,850 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 2,500 Per Diem, Fees and Contracts........................................................................................! -0- Utilities...............................................................................................................................! -0- Health Service Purchases .....................................................................................$ 6,606,000 Total Funds Budgeted ........................................................................................$ 10,401,300 State Funds Budgeted.........................................................................................! 10,363,345 Total Positions Budgeted 145 TUESDAY, MARCH 16, 1982 2415 28. Middle Georgia Correctional Institution - Rivers Unit Budget: Personal Services....................................................................................................$ 2,418,360 Regular Operating Expenses ...................................................................................$ 318,000 Travel..............................................................................................................................$ 2,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 7,500 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................:...............! 6,900 Telecommunications...................................................................................................! 36,000 Per Diem, Fees and Contracts....................................................................................! 4,800 Payments to Central State Hospital for Utilities.............................................................................................! 277,600 Payments to Central State Hospital for Meals................................................................................................! 528,885 Health Service Purchases ........................................................................................$ 445,795 Total Funds Budgeted ..........................................................................................$ 4,045,840 State Funds Budgeted...........................................................................................! 4,015,130 Total Positions Budgeted 188 Budget Unit Object Classes: Personal Services..................................................................................................! 71,946,287 Regular Operating Expenses ..............................................................................$ 16,132,627 Travel..........................................................................................................................! 320,717 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing........................................................................................! 153,700 Equipment Purchases...............................................................................................! 964,252 Computer Charges....................................................................................................! 627,304 Real Estate Rentals..................................................................................................! 503,090 Telecommunications................................................................................................-! 813,921 Per Diem, Fees and Contracts................................................................................! 879,205 Utilities ....................................................................................................................$ 4,851,680 Payments to Central State Hospital for Meals.......................................................................,.....................! 1,930,520 Payments to Central State Hospital for Utilities.............................................................................................! 726,600 Payments to Jails for State Prisoner Medical Costs ........................................................................................$ 219,000 Court Costs ....................................................................................................:...........$ 264,000 Inmate Release Funds..............................................................................................! 630,000 Revolving Fund for County Workcamp Construction........................................................................................! 92,072 County Subsidy......................................................................................................! 6,761,625 County Subsidy for Jails..........................................................................................! 712,500 Grants for County Workcamp Construction...........................................................................................................! 155,000 Health Service Purchases.....................................................................................! 8,562,799 Central Repair Fund ................................................................................................$ 500,000 Authority Lease Rentals ..........................................................................................$ 840,000 Capital Outlay........................................................................................................! 1,360,000 Total Positions Budgeted 4,335 Authorized Motor Vehicles 399 It is the intent of this General Assembly that, with respect to the Legal Services Pro gram for inmates, lawyers, law students and/or employees be prohibited from soliciting for filing of writs. 2416 JOURNAL OF THE HOUSE, It is the intent of this General Assembly that the department not start any new commu nity center programs with Federal funds without the prior approval of the General Assem bly of Georgia. It is the intent of this General Assembly that funds appropriated for county subsidy may be used to either supplement or supplant county funds, at the option of each county. Provided, that of the above appropriation relating to the revolving fund and grants for county workcamp.construction, the State shall provide no more than fifty percent of the total construction cost. B. Budget Unit: Board of Pardons and Paroles............................................................................................................$ 5,531,992 Board of Pardons and Paroles Budget: Personal Services....................................................................................................$ 4,755,000 Regular Operating Expenses ...................................................................................I 151,805 Travel..........................................................................................................................$ 180,800 Motor Vehicle Equipment Purchases....................................................................! 176,400 Publications and Printing..........................................................................................$ 15,500 Equipment Purchases...................................................................................................$ 9,437 Computer Charges ......................................................................................................$ 12,000 Real Estate Rentals ..................................................................................................$ 127,620 Telecommunications.................................................................................................! 109,000 Per Diem, Fees and Contracts..................................................................................! 11,200 County Jail Subsidy ...................................................................................................$ 37,200 Total Funds Budgeted ..........................................................................................$ 5,585,962 State Funds Budgeted...........................................................................................! 5,531,992 Total Positions Budgeted 237 Budget Unit Object Classes: Personal Services....................................................................................................! 4,755,000 Regular Operating Expenses ...................................................................................$ 151,805 Travel..........................................................................................................................! 180,800 Motor Vehicle Equipment Purchases....................................................................! 176,400 Publications and Printing..........................................................................................! 15,500 Equipment Purchases...................................................................................................! 9,437 Computer Charges......................................................................................................! 12,000 Real Estate Rentals..................................................................................................! 127,620 Telecommunications.................................................................................................! 109,000 Per Diem, Fees and Contracts..................................................................................! 11,200 County Jail Subsidy ...................................................................................................$ 37,200 Total Positions Budgeted 237 Authorized Motor Vehicles 25 C. Budget Unit: Georgia Correctional Industries..................................................................................................................! -0- Georgia Correctional Industries Budget: Personal Services....................................................................................................! 1,479,910 Regular Operating Expenses...................................................................................! 588,400 Travel............................................................................................................................! 39,800 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing................................................................................................! -0Equipment Purchases...............................................................................................! 369,000 Computer Charges........................................................................................................! 1,800 Real Estate Rentals....................................................................................................! 24,300 Telecommunications...................................................................................................! 41,900 Per Diem, Fees and Contracts................................................................................! 119,100 Cost of Sales...........................................................................................................! 3,938,000 Repayment of Prior Year's Appropriations.........................,...............................................................................! 84,000 TUESDAY, MARCH 16, 1982 2417 Capital Outlay ...................................................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 6,686,210 State Funds Budgeted......................................................................................................? -0- Total Positions Budgeted 66 Budget Unit Object Classes: Personal Services....................................................................................................! 1,479,910 Regular Operating Expenses ...................................................................................$ 588,400 Travel............................................................................................................................! 39,800 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................$ -0- Equipment Purchases...............................................................................................! 369,000 Computer Charges........................................................................................................! 1,800 Real Estate Rentals....................................................................................................! 24,300 Telecommunications...................................................................................................! 41,900 Per Diem, Fees and Contracts................................................................................! 119,100 Cost of Sales...........................................................................................................$ 3,938,000 Repayment of Prior Year's Appropriations.........................................................................................................! 84,000 Capital Outlay...................................................................................................................! -0- Total Positions Budgeted 66 Authorized Motor Vehicles 16 D. Budget Unit: Probation Division Operations...................................................................................................! 16,626,658 1. Probation Operations Budget: Personal Services..................................................................................................! 12,132,652 Regular Operating Expenses...................................................................................! 341,080 Travel..........................................................................................................................! 270,570 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................! 66,890 Computer Charges.............................................................................................................! -0- Real Estate Rentals..................................................................................................! 264,250 Telecommunications.................................................................................................! 188,580 Utilities...........................................................................................................................! 5,500 Per Diem, Fees and Contracts....................................................................................! 8,000 Grants for Independent Probation Systems................................................................................................! 450,000 Total Funds Budgeted........................................................................................! 13,727,522 State Funds Budgeted...........................................................................,.............! 13,602,712 Total Positions Budgeted 642 2. Diversion Centers Budget: Personal Services....................................................................................................! 2,790,305 Regular Operating Expenses...................................................................................! 211,195 Travel............................................................................................................................! 17,300 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................! 69,096 Computer Charges.............................................................................................................! -0- Real Estate Rentals..................................................................................................! 258,310 Telecommunications...................................................................................................! 44,000 Utilities.......................................................................................................................! 170,000 Per Diem, Fees and Contracts..................................................................................! 14,000 Total Funds Budgeted..........................................................................................! 3,574,206 State Funds Budgeted...........................................................................................! 3,023,946 Total Positions Budgeted 157 2418 JOURNAL OF THE HOUSE, Budget Unit Object Classes: Personal Services..................................................................................................$ 14,922,957 Regular Operating Expenses ...................................................................................$ 552,275 Travel..........................................................................................................................$ 287,870 Motor Vehicle Equipment Purchases........................................................................................................................$ -0- Publications and Printing................................................................................................$ -0- Equipment Purchases...............................................................................................$ 135,986 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..................................................................................................$ 522,560 Telecommunications.................................................................................................! 232,580 Utilities.......................................................................................................................$ 175,500 Per Diem, Fees and Contracts..................................................................................! 22,000 Grants for Independent Probation Systems................................................................................................! 450,000 Total Positions Budgeted 799 Authorized Motor Vehicles 89 Section 34. Department of Public Safety. Budget Unit: Department of Public Safety..........................................................................................................! 50,183,425 1. Office of Highway Safety Budget: Personal Services.......................................................................................................! 351,437 Regular Operating Expenses .....................................................................................$ 25,400 Travel............................................................................................................................! 17,500 Motor Vehicle Equipment Purchases......................................................................! 16,000 Publications and Printing............................................................................................! 6,000 Equipment Purchases......................................................................................................! 800 Computer Charges........................................................................................................! 9,250 Real Estate Rentals....................................................................................................! 40,200 Telecommunications...................................................................................................! 18,000 Per Diem, Fees and Contracts........................................................................................! -0- Postage............................................................................................................................! 4,500 Total Funds Budgeted .............................................................................................$ 489,087 State Funds Budgeted..............................................................................................! 121,049 Total Positions Budgeted 14 2. Administration Budget: Personal Services....................................................................................................! 3,547,005 Regular Operating Expenses ................................................................................$ 1,372,164 Travel............................................................................................................................! 86,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing........................................................................................! 135,000 Equipment Purchases...................................................................................................! 5,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.................................................................................................! 130,000 Per Diem, Fees and Contracts..................................................................................! 70,440 Postage..........................................................................................................................! 40,000 Total Funds Budgeted ..........................................................................................$ 5,385,609 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted...........................................................................................! 5,297,417 Total Positions Budgeted 175 3. Driver Services Budget: Personal Services....................................................................................................! 5,390,333 Regular Operating Expenses...................................................................................! 218,468 Travel..............................................................................................................................! 3,500 TUESDAY, MARCH 16, 1982 2419 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing........................................................................................! 671,000 Equipment Purchases.................................................................................................! 11,855 Computer Charges.................................................................................................! 2,248,214 Real Estate Rentals......................................................................................................! 6,198 Telecommunications...................................................................................................! 47,200 Per Diem, Fees and Contracts.......................................................................................! 500 Postage........................................................................................................................! 570,000 Conviction Reports...................................................................................................! 180,000 Capital Outlay...................................................................................................................! ^ Total Funds Budgeted..........................................................................................! 9,347,268 Indirect DOAS Services Funding .................................................................................,,! -0- State Funds Budgeted...........................................................................................! 9,264,020 Total Positions Budgeted 316 4. Field Operations Budget: Personal Services..................................................................................................! 23,894,355 Regular Operating Expenses................................................................................! 4,543,788 Travel............................................................................................................................! 19,000 Motor Vehicle Equipment Purchases.............................................................................................................! 2,588,166 Publications and Printing........................................................................................! 200,000 Equipment Purchases...............................................................................................! 227,563 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 1,896 Telecommunications.................................................................................................! 250,000 Per Diem, Fees and Contracts....................................................................................! 7,900 Postage..........................................................................................................................! 36,000 Capital Outlay...................................................................................................................! ;0_i Total Funds Budgeted ........................................................................................$ 31,768,668 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted.........................................................................................! 31,443,812 Total Positions Budgeted 981 5. Georgia Peace Officer Standards and Training Budget: Personal Services.......................................................................................................! 625,126 Regular Operating Expenses .....................................................................................$ 84,483 Travel............................................................................................................................! 25,000 Motor Vehicle Equipment Purchases......................................................................! 22,500 Publications and Printing..........................................................................................! 15,800 Equipment Purchases.......................................................................................................! -0- Computer Charges......................................................................................................! 40,100 Real Estate Rentals....................................................................................................! 45,000 Telecommunications...................................................................................................! 19,000 Per Diem, Fees and Contracts..................................................................................! 15,200 Postage............................................................................................................................! 4,800 Peace Officers Training Grants...........................................................................! 1,595,026 Total Funds Budgeted..........................................................................................! 2,492,035 State Funds Budgeted...........................................................................................! 2,483,065 Total Positions Budgeted 25 6. Police Academy: Personal Services.......................................................................................................! 432,000 Regular Operating Expenses...................................................................................! 122,750 Travel..............................................................................................................................! 6,300 Motor Vehicle Equipment Purchases........................................................................! 7,500 Publications and Printing..........................................................................................! 13,200 2420 JOURNAL OF THE HOUSE, Equipment Purchases................................................................,..................................! 3,480 Computer Charges ........................................................................................... ;..........$ 12,598 Real Estate Rentals..........................................................................................................! -0- Telecommunications .....................................................................................................$ 9,300 Per Diem, Fees and Contracts................................................................................! 117,000 Postage............................................................................................................................! 2,400 Total Funds Budgeted .............................................................................................$ 726,528 State Funds Budgeted..............................................................................................! 696,619 Total Positions Budgeted 16 7. Fire Academy: Personal Services.......................................................................................................! 267,931 Regular Operating Expenses .....................................................................................$ 38,600 Travel............................................................................................................................! 12,000 Motor Vehicle Equipment Purchases......................................................................! 17,500 Publications and Printing............................................................................................! 2,800 Equipment Purchases.................................................................................................! 15,000 Computer Charges ......................................................................................................$ 70,920 Real Estate Rentals....................................................................................................! 15,182 Telecommunications.....................................................................................................! 7,500 Per Diem, Fees and Contracts..................................................................................! 75,000 Postage............................................................................................................................! 5,500 Total Funds Budgeted .............................................................................................$ 527,933 State Funds Budgeted..............................................................................................! 493,663 Total Positions Budgeted 12 8. Georgia Firefighter Standards and Training Council Budget: Personal Services.......................................................................................................! 110,631 Regular Operating Expenses.....................................................................................! 10,140 Travel................................,.............................................................................................! 8,700 Motor Vehicle Equipment Purchases........................................................................! 7,500 Publications and Printing............................................................................................! 2,500 Equipment Purchases...................................................................................................! 2,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 3,000 Telecommunications.....................................................................................................! 3,600 Per Diem, Fees and Contracts....................................................................................! 2,500 Postage............................................................................................................................! 1,100 Total Funds Budgeted .............................................................................................$ 151,671 State Funds Budgeted..............................................................................................! 150,154 Total Positions Budgeted 4 9. Organized Crime Prevention Council Budget: Personal Services.......................................................................................................! 107,898 Regular Operating Expenses .....................................................................................$ 15,300 Travel............................................................................................................................! 10,000 Motor Vehicle Equipment Purchases........................................................................! 7,500 Publications and Printing............................................................................................! 1,500 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 2,800 Per Diem, Fees and Contracts..................................................................................! 18,840 Postage............................................................................................................................! 1,000 Total Funds Budgeted .............................................................................................! 164,838 State Funds Budgeted..............................................................................................! 163,190 Total Positions Budgeted 3 TUESDAY, MARCH 16, 1982 2421 10. Georgia Public Safety Training Facility Budget: Personal Services.........................................................................................................! 57,892 Regular Operating Expenses ..........................................................................................$ 850 Travel..............................................................................................................................$ 3,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing...............................................................................................! 200 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 3,500 Telecommunications.....................................................................................................! 3,000 Per Diem, Fees and Contracts....................................................................................! 2,500 Capital Outlay...................................................................................................................|^: Total Funds Budgeted ...............................................................................................$ 70,942 State Funds Budgeted................................................................................................! 70,436 Total Positions Budgeted 2 Authorized Motor Vehicles 0 Budget Unit Object Classes: Personal Services..................................................................................................! 34,784,608 Regular Operating Expenses ................................................................................$ 6,431,943 Travel..........................................................................................................................! 191,000 Motor Vehicle Equipment Purchases.............................................................................................................! 2,666,666 Publications and Printing.....................................................................................! 1,048,000 Equipment Purchases...............................................................................................! 265,698 Computer Charges .................................................................................................$ 2,381,082 Real Estate Rentals..................................................................................................! 114,976 Telecommunications.................................................................................................! 490,400 Per Diem, Fees and Contracts................................................................................! 309,880 Postage........................................................................................................................! 665,300 Conviction Reports...................................................................................................! 180,000 Peace Officers Training Grant.............................................................................! 1,595,026 Capital Outlay...................................................................................................................! -0- Total Positions Budgeted 1,548 Authorized Motor Vehicles 1,048 Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Provincial Police). Provided, however, that of the above appropriation for Conviction Reports, payment for conviction reports is not to exceed !.25 per conviction report. Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds contemplated in the Georgia Peace Officers Standards and Training Activity of this Act, the Office of Planning and Budget is authorized and directed to supplant State Funds appropriated herein. Provided further that such supplantation shall not be imple mented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants. It is the intent of this General Assembly that for the purpose of purchasing Police Pur suit Motor Vehicles, the Department of Public Safety is hereinafter authorized to develop and establish specifications for said purchases of Police Pursuit Vehicles when such pur chases are made by the State of Georgia, or otherwise placed a part of a State of Georgia Contract. Provided, further, that the development of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by November 1 of each year. Provided, further, the Department of Administrative Services is hereby instructed to complete said specifications and place to bid for the letting of contracts by December 1 of such fiscal year. 2422 JOURNAL OF THE HOUSE, Section 35. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System...................................................................................! 11,983,100 Departmental Operations Budget: Payments to Employees' Retirement System ...............................................................................................$ 165,000 Employer Contributions......................................................................................$ 11,818,100 Total Funds Budgeted ........................................................................................$ 11,983,100 State Funds Budgeted.........................................................................................! 11,983,100 Budget Unit Object Classes: Payments to Employees' Retirement System ...............................................................................................$ 165,000 Employer Contributions......................................................................................? 11,818,100 Section 36. Public Service Commission. Budget Unit: Public Service Commission .................................................................................................? 3,854,967 1. Administration Budget: Personal Services.......................................................................................................$ 712,641 Regular Operating Expenses .....................................................................................$ 35,634 Travel............................................................................................................................$ 10,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................? 1,500 Equipment Purchases...................................................................................................? 8,040 Computer Charges........................................................................................................? 2,500 Real Estate Rentals ....................................................................................................$ 64,275 Telecommunications...................................................................................................? 28,745 Per Diem, Fees and Contracts..................................................................................? 14,500 Total Funds Budgeted.............................................................................................? 877,835 State Funds Budgeted..............................................................................................? 868,067 Total Positions Budgeted 23 2. Transportation Budget: Personal Services.......................................................................................................? 937,279 Regular Operating Expenses...................................................................................? 156,229 Travel............................................................................................................................? 48,079 Motor Vehicle Equipment Purchases......................................................................? 26,400 Publications and Printing..........................................................................................? 10,000 Equipment Purchases...................................................................................................? 3,990 Computer Charges ....................................................................................................$ 104,000 Real Estate Rentals....................................................................................................? 80,702 Telecommunications...................................................................................................? 24,150 Per Diem, Fees and Contracts..................................................................................? 15,250 Total Funds Budgeted..........................................................................................? 1,406,079 State Funds Budgeted...........................................................................................? 1,392,801 Total Positions Budgeted 48 3. Utilities Budget: Personal Services....................................................................................................? 1,334,359 Regular Operating Expenses.....................................................................................? 60,190 Travel............................................................................................................................? 85,000 Motor Vehicle Equipment Purchases......................................................................? 18,000 Publications and Printing............................................................................................? 2,500 Equipment Purchases...................................................................................................? 6,105 Computer Charges......................................................................................................? 19,096 Real Estate Rentals....................................................................................................? 46,216 TUESDAY, MARCH 16, 1982 2423 Telecommunications ...................................................................................................$ 34,335 Per Diem, Fees and Contracts................................................................................! 100,000 Total Funds Budgeted ..........................................................................................$ 1,705,801 State Funds Budgeted...........................................................................................! 1,594,099 Total Positions Budgeted 53 Budget Unit Object Classes: Personal Services....................................................................................................! 2,984,279 Regular Operating Expenses ...................................................................................$ 252,053 Travel..........................................................................................................................$ 143,079 Motor Vehicle Equipment Purchases ......................................................................$ 44,400 Publications and Printing..........................................................................................! 14,000 Equipment Purchases.................................................................................................! 18,135 Computer Charges....................................................................................................! 125,596 Real Estate Rentals..................................................................................................! 191,193 Telecommunications...................................................................................................! 87,230 Per Diem, Fees and Contracts................................................................................! 129,750 Total Positions Budgeted 124 Authorized Motor Vehicles 26 Section 37. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions..................................................................................! 515,029,317 1. Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs.........................................................................! 391,636,457 Sponsored Operations......................................................................................! 63,840,000 Operating Expenses: Educ., Gen., and Dept. Svcs.........................................................................! 105,760,808 Sponsored Operations......................................................................................! 50,160,000 Office of Minority Business Enterprise..............................................................................................! 240,171 Special Desegregation Programs.............................................................................! 258,422 Satellite Medical Facility Program..................................................................................................................! 500,000 Teachers' Retirement..........................................................................................! 46,418,169 Authority Lease Rentals.....................................................................................! 16,367,000 Capital Outlay........................................................................................................! 2,945,000 Total Funds Budgeted ....................................................................................,,! 678,116,027 Less Agency Funds: Departmental Income..........................................................................................? 14,600,000 Sponsored Income..............................................................................................! 114,000,000 Other Funds........................................................................................................! 107,093,800 Auxiliary Income....................................................................................................! 2,782,000 Indirect Communication Charges...................................................................................$ -0- State Funds Budgeted.......................................................................................! 439,640,227 Total Positions Budgeted 16,329 Provided, that from appropriated funds in A, the amount of !16,367,000 in F.Y. 1983 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever. Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the Fiscal Year to pay the annual lease 2424 JOURNAL OF THE HOUSE, contract commitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing. Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution applicable to such salary to the Teachers' Retirement Sys tem. No funds realized by the State Board of Regents of the University System or any college or university, from the State General fund, from the Federal Government, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended. Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System. Provided, that revenue from student fees which exceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcommittees of the House and Senate, except that stu dent fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limitation. Provided, further, that revenue from sales and ser vices shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income. Provided, that from the above appropriated amount for Capital Outlay, $2,000,000 is specifically appropriated for renovations and improvements of physical plant facilities. Provided, further, it is the intent of this General Assembly that the 1 Vi % Personal Services continuation factor incorporated into the Resident Instruction appropriation in this Appropriations Act be utilized to provide 2 Vi % merit-type increases. Provided, the State Board of Regents shall be permitted to use available surplus from the Resident Instruction Budget Unit for Capital Outlay and Equipment Purchases only. 2. Marine Resources Extension Center Budget: Personal Services: Educ., Gen., and Dept. Svcs................................................................................$ 549,000 Sponsored Operations...................................................................................................$ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. ...............................................................................$ 278,000 Sponsored Operations...................................................................................................! -0- Total Funds Budgeted .............................................................................................$ 827,000 Less Agency Funds: Departmental Income.................. ....................................................................................^ -0- Sponsored Income .............................................................................................................$ -0- Other Funds...............................................................................................................$ 129,000 Indirect DOAS Services Funding...................................................................................| -&_ State Funds Budgeted..............................................................................................$ 698,000 Total Positions Budgeted 26 3. Skidaway Institute of Oceanography Budget: Personal Services: Educ., Gen., and Dept. Svcs................................................................................$ 722,000 Sponsored Operations...........................................................................................! 675,000 Operating Expenses: Educ., Gen., and Dept. Svcs................................................................................$ 544,000 Sponsored Operations...........................................................................................$ 875,000 Total Funds Budgeted ..........................................................................................$ 2,816,000 Less Agency Funds: Departmental Income.......................................................................................................$ -0Sponsored Income..................................................................................................$ 1,550,000 TUESDAY, MARCH 16, 1982 2425 Other Funds...............................................................................................................$ 332,000 Indirect DOAS Services Funding ...................................................................................| -0- State Funds Budgeted..............................................................................................$ 934,000 Total Positions Budgeted 33 4. Marine Institute Budget: Personal Services: Edue., Gen., and Dept. Svcs. ...............................................................................$ 338,000 Sponsored Operations...........................................................................................$ 154,750 Operating Expenses: Educ., Gen., and Dept. Svcs................................................................................$ 181,000 Sponsored Operations...........................................................................................! 120,250 Total Funds Budgeted .............................................................................................$ 794,000 Less Agency Funds: Departmental Income.......................................................................................................$ -0- Sponsored Income.....................................................................................................$ 275,000 Other Funds...................................................................................................................$ 7,000 Indirect DOAS Services Funding ...................................................................................$ -0- State Funds Budgeted..............................................................................................$ 512,000 Total Positions Budgeted 20 5. Engineering Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs.............................................................................$ 9,168,510 Sponsored Operations......................................................................................! 21,600,000 Operating Expenses: Educ., Gen., and Dept. Svcs.............................................................................$ 6,958,954 Sponsored Operations......................................................................................! 17,891,438 Agricultural Research...............................................................................................! 416,641 Total Funds Budgeted ........................................................................................$ 56,035,543 Less Agency Funds: Departmental Income.......................................................................................................! -0- Sponsored Income................................................................................................! 39,491,438 Other Funds..........................................................................................................! 10,875,787 Indirect DOAS Services Funding...................................................................................! JL State Funds Budgeted...........................................................................................! 5,668,318 Total Positions Budgeted 322 6. Engineering Extension Division Budget: Personal Services: Educ., Gen., and Dept. Svcs.............................................................................! 1,043,694 Sponsored Operations.............................................................................................! 35,000 Operating Expenses: Educ., Gen., and Dept. Svcs................................................................................! 711,031 Sponsored Operations.............................................................................................! 15,000 Advanced Technology Development Center.............................................................................................! 407,079 Total Funds Budgeted ..........................................................................................$ 2,211,804 Less Agency Funds: Departmental Income.......................................................................................................! -0- Sponsored Income.......................................................................................................! 50,000 Other Funds............................................................................................................! 1,183,894 Indirect DOAS Services Funding...................................................................................! -0; State Funds Budgeted..............................................................................................! 977,910 Total Positions Budgeted 37 2426 JOURNAL OF THE HOUSE, 7. Agricultural Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. ..........................................................................$ 17,750,364 Sponsored Operations........................................................................................$ 3,700,000 Operating Expenses: Educ., Gen., and Dept. Svcs.............................................................................$ 7,664,220 Sponsored Operations........................................................................................? 2,000,000 Capital Outlay ...................................................................................................................$ -0- Total Funds Budgeted ........................................................................................$ 31,114,584 Less Agency Funds: Departmental Income.......................................................................................................$ -0- Sponsored Income..................................................................................................$ 5,700,000 Other Funds............................................................................................................! 6,576,200 Indirect DOAS Services Funding ...................................................................................$ ^0; State Funds Budgeted.........................................................................................! 18,838,384 Total Positions Budgeted 855 8. Cooperative Extension Service Budget: Personal Services: Educ., Gen., and Dept. Svcs...........................................................................! 20,239,127 Sponsored Operations........................................................................................! 4,590,000 Operating Expenses: Educ., Gen., and Dept. Svcs. ............................................................................$ 3,174,525 Sponsored Operations.......................................................................................-! 2,010,000 Total Funds Budgeted ........................................................................................$ 30,013,652 Less Agency Funds: Departmental Income.......................................................................................................$ -0- Sponsored Income..................................................................................................! 6,600,000 Other Funds............................................................................................................! 5,205,000 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted.........................................................................................! 18,208,652 Total Positions Budgeted 960 9. Eugene Talmadge Memorial Hospital Budget: Personal Services: Educ., Gen., and Dept. Svcs...........................................................................$ 42,300,689 Sponsored Operations........................................................................................! 2,377,513 Operating Expenses: Educ., Gen., and Dept. Svcs...........................................................................! 19,035,532 Sponsored Operations...........................................................................................! 611,238 Capital Outlay - ETMH Renovations................................................................................................................! -0- Total Funds Budgeted ........................................................................................$ 64,324,972 Less Agency Funds: Departmental Income............................................................................................! 1,125,099 Sponsored Income..................................................................................................! 2,988,751 Other Funds..........................................................................................................! 35,788,497 Board of Corrections .............................................................................................$ 1,557,264 Indirect DOAS Services Funding ...................................................................................! ^ State Funds Budgeted.........................................................................................! 22,865,361 Total Positions Budgeted 2,902 10. Veterinary Medicine Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs.............................................................................! 1,010,704 Sponsored Operations...................................................................................................! -0- TUESDAY, MARCH 16, 1982 2427 Operating Expenses: Educ., Gen., and Dept. Svcs. ...............................................................................$ 550,532 Sponsored Operations...................................................................................................$ -0- Agricultural Research .......................................................................................................$ -0- Disease Research...............................................................................................................! -0- Fire Ant Research.............................................................................................................!^ Total Funds Budgeted ..........................................................................................$ 1,561,236 Less Agency Funds: Departmental Income.......................................................................................................! -0- Sponsored Income.............................................................................................................! -0- Other Funds.......................................................................................................................! -0- Indirect DOAS Services Funding ...................................................................................$ ^0; State Funds Budgeted...........................................................................................! 1,561,236 Total Positions Budgeted 45 11. Veterinary Medicine Teaching Hospital Budget: Personal Services: Educ., Gen., and Dept. Svcs................................................................................! 775,886 Sponsored Operations...................................................................................................! -0- Operating Expenses: Educ., Gen., and Dept. Svcs................................................................................! 883,567 Sponsored Operations...................................................................................................! -0- Total Funds Budgeted..........................................................................................! 1,659,453 Less Agency Funds: Departmental Income.......................................................................................................! -0- Sponsored Income.............................................................................................................! -0- Other Funds............................................................................................................! 1,295,000 Indirect DOAS Services Funding...................................................................................! ^ State Funds Budgeted..............................................................................................! 364,453 Total Positions Budgeted 69 12. Family Practice Residency Program Budget: Personal Services: Educ., Gen., and Dept. Svcs................................................................................! 106,426 Operating Expenses: Educ., Gen., and Dept. Svcs..................................................................................$ 92,778 Capitation Contracts for Family Practice Residency ...............................................................................$ 2,060,000 Residency Capitation Grants ...............................................................................$ 1,785,000 New Program Development Contracts for Family Practice Residency............................................................................! 150,000 Student Preceptorships............................................................................................! 185,000 Total Funds Budgeted..........................................................................................! 4,379,204 State Funds Budgeted...........................................................................................! 4,379,204 Total Positions Budgeted 4 Provided, that of the above appropriation, !185,000 is designated and committed for contracts with medical schools for a student preceptorship program. Provided, further, that each student participating in the program shall receive !500 and each family physi cian shall receive !500. 13. Georgia Radiation Therapy Center Budget: Personal Services: Educ., Gen., and Dept. Svcs................................................................................! 551,528 Sponsored Operations...................................................................................................! -0- 2428 JOURNAL OF THE HOUSE, Operating Expenses: Educ., Gen., and Dept. Svcs................................................................................$ 292,420 Sponsored Operations...................................................................................................! -Q- Total Funds Budgeted .............................................................................................$ 843,948 Less Agency Funds: Departmental Income .......................................................................................................$ -0- Sponsored Income .............................................................................................................$ -0- Other Funds...............................................................................................................$ 462,376 Indirect DOAS Services Funding ...................................................................................$ -0- State Funds Budgeted..............................................................................................$ 381,572 Total Positions Budgeted 34 Budget Unit Object Classes: Personal Services: Educ., Gen., and Dept. Svcs.........................................................................$ 486,747,370 Sponsored Operations.....................................................................................-$ 96,972,263 Operating Expenses: Educ., Gen., and Dept. Svcs.........................................................................$ 146,127,367 Sponsored Operations...................................................................................-..* 73,682,926 Office of Minority Business Enterprise ..............................................................................................$ 240,171 Special Desegregation Programs.............................................................................$ 258,422 Satellite Medical Facility Program..................................................................................................................$ 500,000 Fire Ant Research .............................................................................................................$ -0- Agricultural Research ...............................................................................................$ 416,641 Disease Research ...............................................................................................................$ -0- Advanced Technology Development Center .............................................................................................$ 407,079 Capitation Contracts for Family Practice Residency ...............................................................................$ 2,060,000 New Program Development Contracts for Family Practice Residency................................................................................................! 150,000 Residency Capitation Grants ...............................................................................$ 1,785,000 Student Preceptorships............................................................................................$ 185,000 Teachers' Retirement..........................................................................................! 46,418,169 Authority Lease Rentals .....................................................................................$ 16,367,000 Capital Outlay - ETMH Renovations....................................................................................................................! -0- Capital Outlay........................................................................................................! 2,945,000 Total Positions Budgeted 21,636 Provided, that none of the funds appropriated for Fire Ant Research shall be expended unless matching funds are provided by the U.S.D.A. B. Budget Unit: Regents Central Office.............................................................! 16,383,711 Regents Central Office Budget: Personal Services....................................................................................................! 2,717,000 Operating Expenses..................................................................................................! 723,960 SREB Payments.....................................................................................................! 5,402,833 Medical Scholarships................................................................................................! 547,500 Regents Opportunity Grants...................................................................................! 500,000 Regents Scholarships................................................................................................! 200,000 Grants to Junior Colleges.....................................................................................! 6,136,628 Rental Payments to Georgia Military College.....................................................................................................! 190,000 Central Savannah River Area Business League ............................................................................................................! -0- TUESDAY, MARCH 16, 1982 2429 Total Funds Budgeted ........................................................................................$ 16,417,921 State Funds Budgeted.........................................................................................! 16,383,711 Total Positions Budgeted 98 Budget Unit Object Classes: Personal Services....................................................................................................! 2,717,000 Operating Expenses ..................................................................................................$ 723,960 SREB Payments.....................................................................................................! 5,402,833 Medical Scholarships................................................................................................! 547,500 Regents Opportunity Grants...................................................................................! 500,000 Regents Scholarships................................................................................................! 200,000 Grants to Junior Colleges.....................................................................................'! 6,136,628 Rental Payments to Georgia Military College.....................................................................................................! 190,000 Central Savannah River Area Business League ............................................................................................................$ -0- Total Positions Budgeted 98 Authorized Motor Vehicles 0 Provided, that of the above appropriation relative to Grants to Junior Colleges, pay ments are to be based on a rate of !796 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student. C. Budget Unit: Georgia Public Telecommunications Commission...................................................................................................! 4,077,642 Public Telecommunications Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs.............................................................................! 2,696,760 Sponsored Operations...................................................................................................! -0- Operating Expenses: Educ., Gen., and Dept. Svcs.............................................................................! 2,675,520 Sponsored Operations...................................................................................................! -0- Total Funds Budgeted..........................................................................................! 5,372,280 Less Agency Funds: Departmental Income.......................................................................................................! -0- Sponsored Income.............................................................................................................! -0- Other Funds............................................................................................................! 1,294,638 Indirect DOAS Services Funding...................................................................................! ^ State Funds Budgeted...........................................................................................! 4,077,642 Total Positions Budgeted 137 Budget Unit Object Classes: Personal Services....................................................................................................! 2,696,760 Operating Expenses...............................................................................................! 2,675,520 Total Positions Budgeted 137 Authorized Motor Vehicles Section 38. Department of Revenue. Budget Unit: Department of Revenue...............................................................! 38,072,040 1. Departmental Administration Budget: Personal Services.......................................................................................................! 978,100 County Tax Officials/Retirement and FICA................................................................................................................! 610,000 Regular Operating Expenses.....................................................................................! 96,926 Travel............................................................................................................................! 19,000 2430 JOURNAL OF THE HOUSE, Motor Vehicle Equipment Purchases ........................................................................$ 7,250 Publications and Printing..........................................................................................! 17,000 Equipment Purchases...................................................................................................$ 2,685 Computer Charges ......................................................................................................$ 20,000 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications...................................................................................................! 23,000 Per Diem, Fees and Contracts....................................................................................! 3,000 Postage...............................................................................................................................$ 150 Total Funds Budgeted ..........................................................................................$ 1,777,111 Indirect Georgia Building Authority Rents.............................................................................................................$ -0- State Funds Budgeted...........................................................................................$ 1,765,440 Total Positions Budgeted 33 2. Motor Vehicle Administration Budget: Personal Services....................................................................................................$ 4,524,066 Regular Operating Expenses ...................................................................................$ 250,850 Travel...........................................................................................................................,..$ 7,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing........................................................................................! 416,380 Equipment Purchases.................................................................................................! 75,500 Computer Charges.................................................................................................! 2,636,013 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 85,000 Per Diem, Fees and Contracts........................................................................................! -0- Motor Vehicle Tag Purchases..............................................................................! 1,122,000 Motor Vehicle Decal Purchases................................................................................! 71,500 Postage................................................................................................................................!^ Total Funds Budgeted ..........................................................................................$ 9,188,309 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted...........................................................................................! 9,122,301 Total Positions Budgeted 256 Provided, that of the above appropriated amount relating to motor vehicle tag pur chases, $1,122,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 1,100,000 motor vehicle tags, and for this purpose only. Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production. 3. Property Tax Budget: Personal Services....................................................................................................! 1,205,000 Regular Operating Expenses .....................................................................................$ 49,453 Travel............................................................................................................................! 74,000 Motor Vehicle Equipment Purchases ......................................................................$ 21,750 Publications and Printing..........................................................................................! 86,500 Equipment Purchases...................................................................................................! 1,600 Computer Charges....................................................................................................! 311,288 Real Estate Rentals..........................................................................................................! -0Telecommunications...................................................................................................! 21,200 Per Diem, Fees and Contracts................................................................................! 145,000 Loans to Counties/Property Reevaluation...................................................................................................................$ -0Grants to Counties/Appraisal Staff......................................................................................................................! 1,430,000 Intangible Tax Equalization Fund.................................................................................! -0Postage.........................................................................................................................-! 12,500 TUESDAY, MARCH 16, 1982 2431 Total Funds Budgeted ..........................................................................................$ 3,358,291 Repayment of Loans to Counties/Property Revaluation...................................................................................$ -0- Indirect DOAS Services Funding ...................................................................................$ -0- State Funds Budgeted...........................................................................................$ 3,339,758 Total Positions Budgeted 62 4. Sales Taxation Budget: Personal Services....................................................................................................$ 1,400,000 Regular Operating Expenses .....................................................................................$ 16,704 Travel..............................................................................................................................! 3,725 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 70,550 Equipment Purchases...................................................................................................! 6,190 Computer Charges....................................................................................................! 550,000 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 26,000 Per Diem, Fees and Contracts........................................................................................! -0- Postage........................................................................................................................! 100,500 Total Funds Budgeted ..........................................................................................$ 2,173,669 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted...........................................................................................! 2,152,432 Total Positions Budgeted 85 5. Motor Fuel Taxation Budget: Personal Services.......................................................................................................! 657,000 Regular Operating Expenses.......................................................................................! 5,300 Travel..............................................................................................................................! 1,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 53,000 Equipment Purchases...................................................................................................! 3,650 Computer Charges ....................................................................................................$ 264,843 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 13,300 Per Diem, Fees and Contracts........................................................................................! -0- Postage............................................................................................................-...................! Jh Total Funds Budgeted .............................................................................................$ 998,593 Indirect D'OAS Services Funding...................................................................................! -0- State Funds Budgeted..............................................................................................! 988,757 Total Positions Budgeted 37 6. Income Taxation Budget: Personal Services....................................................................................................! 3,103,832 Regular Operating Expenses .....................................................................................$ 44,600 Travel..............................................................................................................................! 3,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing........................................................................................! 355,000 Equipment Purchases.................................................................................................! 20,700 Computer Charges.................................................................................................! 2,172,784 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 43,417 Per Diem, Fees and Contracts.............................................,..........................................! -0- Postage........................................................................................................................! 296,576 Total Funds Budgeted..........................................................................................! 6,039,909 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted...........................................................................................! 5,987,781 Total Positions Budgeted 127 2432 JOURNAL OF THE HOUSE, 7. Central Audit Budget: Personal Services....................................................................................................! 2,385,000 Regular Operating Expenses .....................................................................................$ 14,820 Travel..........................................................................................................................$ 470,500 Motor Vehicle Equipment Purchases ....................................,.......................................$ -0- Publications and Printing............................................................................................$ 3,200 Equipment Purchases...................................................................................................! 2,800 Computer Charges........................................................................................................! 7,650 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................$ 19,030 Per Diem, Fees and Contracts........................................................................................! -0- Postage.................................................................................................................................$ 75 Total Funds Budgeted..........................................................................................! 2,903,075 State Funds Budgeted...........................................................................................! 2,874,444 Total Positions Budgeted 82 8. Field Audit Services Budget: Personal Services....................................................................................................! 6,321,000 Regular Operating Expenses...................................................................................! 198,365 Travel..........................................................................................................................! 297,000 Motor Vehicle Equipment Purchases......................................................................! 29,995 Publications and Printing..........................................................................................! 49,200 Equipment Purchases.................................................................................................! 23,202 Computer Charges....................................................................................................! 238,949 Real Estate Rentals..................................................................................................! 225,165 Telecommunications.................................................................................................! 200,000 Per Diem, Fees and Contracts........................................................................................! -0- Postage..........................................................................................................................! 64,300 Total Funds Budgeted ..........................................................................................$ 7,647,176 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted...........................................................................................! 7,572,059 Total Positions Budgeted 307 9. Internal Administration Budget: Personal Services....................................................................................................! 1,310,925 Regular Operating Expenses...................................................................................! 208,980 Travel........................................................................................................^....................! 1,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing........................................................................................! 336,000 Equipment Purchases.................................................................................................! 37,600 Computer Charges....................................................................................................! 183,055 Real Estate Rentals..................................................................................................! 852,872 Telecommunications...................................................................................................! 13,700 Per Diem, Fees and Contracts........................................................................................! -0- Postage.....................................................................................................................! 1,364,029 Total Funds Budgeted ..........................................................................................$ 4,308,661 Indirect Georgia Building Authority Rents.............................................................................................................! -0- State Funds Budgeted...........................................................................................! 4,269,068 Total Positions Budgeted 69 Budget Unit Object Classes: Personal Services.........................................................,........................................! 21,884,923 County Tax Officials/Retirement and PICA...............................................................................................................4610,000 Regular Operating Expenses ...................................................................................$ 885,998 Travel..........................................................................................................................! 877,225 Motor Vehicle Equipment Purchases..................................................................................................................! 58,995 TUESDAY, MARCH 16, 1982 2433 Publications and Printing.....................................................................................! 1,386,830 Equipment Purchases...............................................................................................! 173,927 Computer Charges.................................................................................................! 6,384,582 Real Estate Rentals...............................................................................................! 1,078,037 Telecommunications.................................................................................................! 444,647 Per Diem, Fees and Contracts................................................................................! 148,000 Loans to Counties/Property Reevaluation...................................................................................................................! -0- Grants to Counties/Appraisal Staff......................................................................................................................! 1,430,000 Motor Vehicle Tag Purchases..............................................................................! 1,122,000 Motor Vehicle Decal Purchases................................................................................! 71,500 Intangible Tax Equalization Fund.................................................................................! -0- Postage.....................................................................................................................! 1,838,130 Total Positions Budgeted 1,058 Authorized Motor Vehicles 60 Section 39. Secretary of State. A. Budget Unit: Secretary of State......................................................................! 12,665,160 1. Occupational Certification Budget: Personal Services....................................................................................................! 2,593,751 Regular Operating Expenses..................................................................................,! 832,380 Travel..........................................................................................................................! 115,172 Motor Vehicle Equipment Purchases......................................................................! 21,600 Publications and Printing........................................................................................! 104,000 Equipment Purchases.................................................................................................! 28,081 Computer Charges......................................................................................................! 95,000 Real Estate Rentals..................................................................................................! 319,241 Telecommunications...................................................................................................! 93,043 Per Diem, Fees and Contracts................................................................................! 377,285 Postage........................................................................................................................! 145,000 Total Funds Budgeted ..........................................................................................$ 4,724,553 State Funds Budgeted...........................................................................................! 4,677,507 Total Positions Budgeted 136 Occupational Certification Functional Budgets Board Costs Cost of Operations Accounting ! 119,185 ! 219,987 Architect ! 26,777 ! 90,210 Athletic Trainers ! 1,032 ! 1,647 Auctioneers ! 4,279 ! 28,435 Barbers ! 12,889 ! 188,473 Chiropractic ! 5,983 ! 36,343 Construction Industry ! 54,769 ! 211,957 Cosmetology ! 27,582 ! 631,368 Dentistry ! 38,642 ! 194,365 Engineers ! 53,173 ! 272,000 Forestry ! 4,070 ! 23,043 2434 JOURNAL OF THE HOUSE, Funeral Service Geology Hearing Aid Landscape Architect Librarians Marriage and Family Counselors Medical Examiners Nursing Home Administrators Board of Nursing Dispensing Opticians Optometry Occupational Therapy Pest Control Pharmacy Physical Therapy Podiatry Polygraph Examiners Practical Nursing Private Detective Psychologists Recreation Sanitarian Speech Pathology Used Car Dealers Used Car Parts Veterinary Wastewater Well Water Administration Investigative Total $ 13,841 $ 4,748 $ 4,020 $ 3,850 $ 1,470 $ -0$ 143,889 $ 11,509 $ 111,446 $ 5,203 $ 6,365 $ 1,126 $ 8,145 $ 46,245 $ 12,955 $ 1,919 $ 713 $ 58,268 $ -0$ 19,428 $ 3,366 $ 4,256 $ 4,969 $ 10,451 $ -0$ 20,205 $ 7,434 $ 2,884 $ -0$ -0$ 857,086 $ 116,839 $ 17,745 $ 27,818 $ 15,037 $ 15,641 $ -0$ 698,255 $ 28,763 $ 630,477 $ 26,788 $ 32,068 $ 5,491 $ 72,764 $ 293,625 $ 31,087 $ 13,604 $ 12,755 $ 315,837 $ 193,836 $ 50,156 $ 17,603 $ 18,668 $ 18,619 $ 175,141 $ 6,857 $ 67,270 $ 51,214 $ 9,439 $ -0$ -0$ 4,861,225 2. Securities Regulation Budget: Persons! Services Regular Operating Expenses ................................ Travel........................................................................ Motor Vehicle EauiDment Purchases................. $ 461,542 ............$ 34,198 ..............$ 8,110 ............$ 21,600 TUESDAY, MARCH 16, 1982 2435 Publications and Printing............................................................................................? 4,000 Equipment Purchases...................................................................................................? 1,350 Computer Charges......................................................................................................? 47,915 Real Estate Rentals....................................................................................................? 17,290 Telecommunications...................................................................................................? 10,982 Per Diem, Fees and Contracts....................................................................................? 2,100 Postage...............................................................................................................................? 400 Total Funds Budgeted.............................................................................................? 609,487 State Funds Budgeted..............................................................................................? 603,807 Total Positions Budgeted 18 3. Corporations Regulation Budget: Personal Services......................................................................................................,? 525,710 Regular Operating Expenses.....................................................................................? 21,104 Travel..............................................................................................................................? 1,363 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing..........................................................................................? 21,250 Equipment Purchases...................................................................................................? 2,330 Computer Charges......................................................................................................? 74,500 Real Estate Rentals....................................................................................................? 81,480 Telecommunications...................................................................................................? 32,520 Per Diem, Fees and Contracts........................................................................................? -0- Postage..........................................................................................................................? 36,000 Total Funds Budgeted.............................................................................................? 796,257 State Funds Budgeted..............................................................................................? 788,560 Total Positions Budgeted 31 4. Drugs and Narcotics Budget: Personal Services.......................................................................................................? 423,500 Regular Operating Expenses.....................................................................................? 37,335 Travel.......................................................................................................;....................? 25,000 Motor Vehicle Equipment Purchases......................................................................? 14,400 Publications and Printing...............................................................................................? 300 Equipment Purchases......................................................................................................? 200 Computer Charges.............................................................................................................? -0- Real Estate Rentals......................................................................................................? 5,782 Telecommunications.....................................................................................................? 7,545 Per Diem, Fees and Contracts....................................................................................? 2,500 Postage............................................................................................................................? 2,500 Total Funds Budgeted.............................................................................................? 519,062 State Funds Budgeted..............................................................................................? 513,871 Total Positions Budgeted 15 5. Archives and Records Budget: Personal Services....................................................................................................? 1,893,509 Regular Operating Expenses...................................................................................? 244,386 Travel............................................................................................................................? 43,913 Motor Vehicle Equipment Purchases............................................................................? -0Publications and Printing..........................................................................................? 24,000 Equipment Purchases.................................................................................................? 60,651 Computer Charges.............................................................................................................? -0Real Estate Rentals....................................................................................................? 46,022 Telecommunications...................................................................................................? 53,201 Per Diem, Fees and Contracts....................................................................................? 2,000 Capital Outlay...................................................................................................................? -0Postage..........................................................................................................................? 21,042 Authority Lease Rentals .......................................................................................$ 1,276,000 Total Funds Budgeted..........................................................................................? 3,664,724 2436 JOURNAL OF THE HOUSE, State Funds Budgeted...........................................................................................$ 3,616,964 Total Positions Budgeted 91 6. General Services Budget: Personal Services.......................................................................................................$ 559,666 Regular Operating Expenses .....................................................................................$ 35,464 Travel..............................................................................................................................$ 2,257 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing........................................................................................$ 118,608 Equipment Purchases...................................................................................................$ 3,300 Computer Charges ......................................................................................................$ 12,047 Real Estate Rentals......................................................................................................$ 6,085 Telecommunications...................................................................................................! 18,296 Per Diem, Fees and Contracts ....................................................................................$ 3,720 Postage..........................................................................................................................$ 27^411 Total Funds Budgeted .............................................................................................$ 786,854 State Funds Budgeted..............................................................................................! 779,106 Total Positions Budgeted 29 7. Internal Administration Budget: Personal Services.......................................................................................................$ 739,983 Regular Operating Expenses .....................................................................................$ 63,084 Travel..............................................................................................................................! 4,624 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 76,180 Equipment Purchases...................................................................................................! 3,062 Computer Charges......................................................................................................! 12,000 Real Estate Rentals....................................................................................................! 21,240 Telecommunications...................................................................................................! 22,958 Per Diem, Fees and Contracts....................................................................................! 1,025 Postage..........................................................................................................................! 27,554 Total Funds Budgeted .............................................................................................$ 971,710 State Funds Budgeted..............................................................................................! 962,193 Total Positions Budgeted 35 8. State Campaign and Financial Disclosure Commission Budget: Personal Services.........................................................................................................! 77,298 Regular Operating Expenses .......................................................................................$ 5,199 Travel..............................................................................................................................! 3,230 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 9,000 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 8,496 Telecommunications.....................................................................................................! 2,570 Per Diem, Fees and Contracts....................................................................................! 4,660 Postage............................................................................................................................! 3,800 Total Funds Budgeted .............................................................................................$ 114,253 State Funds Budgeted..............................................................................................! 113,110 Total Positions Budgeted 3 9. Elections and Campaign Disclosure Budget: Personal Services.......................................................................................................! 192,730 Regular Operating Expenses .....................................................................................$ 18,438 Travel.............................................................................................................................-! 2,259 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing............................................................................................! 6,300 TUESDAY, MARCH 16, 1982 2437 Equipment Purchases.......................................................................................................$ -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .....................................................................................................$ 4,619 Per Diem, Fees and Contracts ....................................................................................$ 1,050 Postage............................................................................................................................! 4,000 Election Expenses .....................................................................................................$ 400,000 Total Funds Budgeted .............................................................................................$ 629,396 State Funds Budgeted..............................................................................................! 623,102 Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services....................................................................................................! 7,467,689 Regular Operating Expenses ................................................................................$ 1,291,588 Travel..........................................................................................................................! 205,928 Motor Vehicle Equipment Purchases......................................................................! 57,600 Publications and Printing........................................................................................! 363,638 Equipment Purchases.................................................................................................! 98,974 Computer Charges....................................................................................................! 241,462 Real Estate Rentals..................................................................................................! 505,636 Telecommunications.................................................................................................! 245,734 Per Diem, Fees and Contracts................................................................................! 394,340 Election Expenses.....................................................................................................! 400,000 Postage........................................................................................................................! 267,707 Capital Outlay.................................................................................................-.................! -0- Authority Lease Rentals.......................................................................................! 1,276,000 Total Positions Budgeted 366 Authorized Motor Vehicles 70 Provided, however, that the Secretary of State is hereby authorized to expend up to !24,176 of Elections Expense for Real Estate Rentals. B. Budget Unit: Real Estate Commission ...............................................................$ 930,661 Real Estate Commission Budget: Personal Services......................................................................................................-! 485,000 Regular Operating Expenses...................................................................................! 156,322 Travel............................................................................................................................! 12,000 Motor Vehicle Equipment Purchases......................................................................! 35,500 Publications and Printing..........................................................................................! 32,000 Equipment Purchases...................................................................................................! 8,680 Computer Charges......................................................................................................! 82,800 Real Estate Rentals....................................................................................................! 35,000 Telecommunications...................................................................................................! 15,854 Per Diem, Fees and Contracts..................................................................................! 76,300 Total Funds Budgeted.............................................................................................! 939,456 State Funds Budgeted..............................................................................................! 930,661 Total Positions Budgeted 27 Real Estate Commission Functional Budget Cost of State Funds Operations Pos. Real Estate Commission $ 930,661 ! 939,456 27 Budget Unit Object Classes: Personal Services.......................................................................................................! 485,000 Regular Operating Expenses...................................................................................! 156,322 Travel............................................................................................................................! 12,000 Motor Vehicle Equipment Purchases......................................................................! 35,500 2438 JOURNAL OF THE HOUSE, Publications and Printing..........................................................................................! 32,000 Equipment Purchases...................................................................................................! 8,680 Computer Charges......................................................................................................! 82,800 Real Estate Rentals ....................................................................................................$ 35,000 Telecommunications...................................................................................................! 15,854 Per Diem, Fees and Contracts..................................................................................! 76,300 Total Positions Budgeted 27 Authorized Motor Vehicles 11 Section 40. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance Commission................................................................................! 16,549,146 1. Internal Administration Activity Budget: Personal Services...............................................................................................-....! 1,705,568 Regular Operating Expenses ...................................................................................$ 150,225 Travel............................................................................................................................! 34,400 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 50,000 Equipment Purchases.................................................................................................! 61,335 Computer Charges....................................................................................................! 112,160 Real Estate Rentals..................................................................................................! 217,295 Telecommunications...................................................................................................! 62,040 Per Diem, Fees and Contracts..................................................................................! 54,500 Total Funds Budgeted ..........................................................................................$ 2,447,523 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 85 2. Higher Education Assistance Corporation Budget: Payment of Interest and Fees.................................................................................! 426,500 Total Funds Budgeted .............................................................................................$ 426,500 State Funds Budgeted..............................................................................................! 376,500 Total Positions Budgeted 0 3. Georgia Student Finance Authority Budget: Guaranteed Educational Loans ...........................................................................$ 3,001,496 Tuition Equalization Grants ..............................................................................$ 11,100,000 Student Incentive Grants.....................................................................................! 3,977,915 North Georgia College ROTC Grants.........................................................................................................! 149,050 Law Enforcement Personnel Dependents' Grants................................................................................................! 24,000 Georgia Military Scholarship Grants.......................................................................................................................! 51,000 Total Funds Budgeted ........................................................................................$ 18,303,461 State Funds Budgeted.........................................................................................! 16,172,646 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services....................................................................................................! 1,705,568 Regular Operating Expenses...................................................................................! 150,225 Travel............................................................................................................................! 34,400 Motor Vehicle Equipment Purchases.....................................................................................................................--! -0- Publications and Printing..........................................................................................! 50,000 Equipment Purchases.................................................................................................! 61,335 TUESDAY, MARCH 16, 1982 2439 Computer Charges ....................................................................................................$ 112,160 Real Estate Rentals ..................................................................................................$ 217,295 Telecommunications..................................................................................................^ 62,040 Per Diem, Fees and Contracts ..................................................................................$ 54,500 Payment of Interest and Fees.................................................................................$ 426,500 Guaranteed Educational Loans ...........................................................................$ 3,001,496 Tuition Equalization Grants ..............................................................................$ 11,100,000 Student Incentive Grants .....................................................................................$ 3,977,915 Law Enforcement Personnel Dependents' Grants ................................................................................................$ 24,000 North Georgia College ROTC Grants.........................................................................................................$ 149,050 Georgia Military Scholarship Grants .......................................................................................................................$ 51,000 Total Positions Budgeted 77 Authorized Motor Vehicles 1 Provided, that of the above appropriated amount relative to Educational Loans an amount not to exceed $12,000 may be used to provide stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of cancellable loans to students. Provided, that the above appropriated amount relative to Educational Loans shall other wise be used to provide loans to students as provided for in Article 3 of Code Chapter 32-37, as amended (Code Sections 20-3-370 through 20-3-375). Provided further, however, that of said appropriated amount, the amounts designated below shall to the greatest extent possible be used to provide cancellable loans to students as designated below pursu ant to provisions of Code Section 32-3750, as amended (Code Section 20-3-374), to wit: (a) an amount not less than $1,435,000 is designated and committed for the purpose of provid ing cancellable loans to students in paramedical and other professional and educational fields of study; (b) an amount not to exceed $140,000 is designated and committed for the purpose of providing cancellable loans to students who are eligible members of the Georgia National Guard; (c) an amount not to exceed $360,000 is designated and committed for the purpose of providing cancellable loans to classroom teachers seeking special education training; and (d) an amount not to exceed $40,000 is designated and committed for the purpose of providing cancellable loans to students who are to become agricultural teachers. Provided, that the above appropriated amount relative to Student Incentive Grants pro vides for payment of need-based grants to undergraduate students as provided for in Arti cle 4 of Code Chapter 32-37 (Code Sections 20-3-390 and 20-3-391). Provided, that the above appropriated amount relative to Tuition Equalization Grants provides for payment of grants of $700 per academic year, and for payment of grants for the 1982 summer school quarter or semester, to undergraduate students attending private colleges in Georgia as provided for in Article 5 of Code Chapter 32-37 (Code Sections 20-3-410 through 20-3-416). Provided, that the above appropriated amount relative to North Georgia College ROTC Grants provides for payment of grants to eligible students as provided for in Article 6 of Code Chapter 32-37 (Code Sections 20-3-430 through 20-3-436). Provided, that the above appropriated amount relative to Law Enforcement Personnel Dependents' Grants provides for payment of grants to eligible students as provided for in Article 7 of Code Chapter 32-37 (Code Sections 20-3-450 through 20-3-455). Provided, that the above appropriated amount relative to North Georgia College Mili tary Scholarships provides for payment of scholarships to select recipients as provided for in Article 9 of Code Chapter 32-37 (Code Sections 20-3-420 through 20-3-437). Provided, that the above appropriated amount relative to Payment of Interest and Fees is designated and committed for the purpose of enabling the Georgia Higher Education Assistance Corporation to make state interest subsidy payments to lenders as provided for in Code Section 32-3314 (Code Section 20-3-273), and loan discount fee payments to lend ers as provided for in Code Section 32-3315 (Code Section 20-3-274). 2440 JOURNAL OF THE HOUSE, Provided, that from any of the above appropriated amounts any available funds may be utilized by the Georgia Higher Education Assistance Corporation for the purpose of mak ing timely payments of interest and special allowances to lenders as provided for in Code Section 32-3313 (Code Section 20-3-272) and Code Section 32-3710 (Code Section 20-3-319). Section 41. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee..............................................................................! 835,526 1. Soil and Water Conservation Central Office Budget: Personal Services.......................................................................................................! 381,268 Regular Operating Expenses .....................................................................................$ 39,532 Travel............................................................................................................................! 41,500 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 16,286 Equipment Purchases...................................................................................................! 2,900 Computer Charges.............................................................................................................! -0- Real Estate Rentals ....................................................................................................$ 20,885 Telecommunications...................................................................................................! 10,089 Per Diem, Fees and Contracts................................................................................! 149,425 Total Funds Budgeted ............................................................................................,$ 661,885 State Funds Budgeted..............................................................................................! 655,291 Total Positions Budgeted 12 2. Soil and Water Conservation Dam Safety Budget: Personal Services.......................................................................................................! 123,612 Regular Operating Expenses .....................................................................................$ 13,400 Travel..............................................................................................................................! 9,790 Motor Vehicle Equipment Purchases......................................................................! 13,000 Publications and Printing............................................................................................! 2,300 Equipment Purchases......................................................................................................! 800 Computer Charges........................................................................................................! 4,000 Real Estate Rentals ......................................................................................................$ 3,953 Telecommunications.....................................................................................................! 3,200 Per Diem, Fees and Contracts....................................................................................! 8,000 Total Funds Budgeted .............................................................................................$ 182,055 State Funds Budgeted..............................................................................................! 180,235 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services.......................................................................................................! 504,880 Regular Operating Expenses .....................................................................................$ 52,932 Travel............................................................................................................................! 51,290 Motor Vehicle Equipment Purchases......................................................................! 13,000 Publications and Printing..........................................................................................! 18,586 Equipment Purchases...................................................................................................! 3,700 Computer Charges........................................................................................................! 4,000 Real Estate Rentals....................................................................................................! 24,838 Telecommunications...................................................................................................! 13,289 Per Diem, Fees and Contracts................................................................................! 157,425 Total Positions Budgeted 17 Authorized Motor Vehicles 3 Section 42. Teachers' Retirement System. Budget Unit: Teachers' Retirement System..........................................................................................................! 9,068,540 TUESDAY, MARCH 16, 1982 2441 Departmental Operations Budget: Personal Services....................................................................................................$ 1,347,302 Regular Operating Expenses .....................................................................................$ 67,915 Travel............................................................................................................................$ 20,600 Motor Vehicle Equipment Purchases........................................................................................................................$ -0- Publications and Printing..........................................................................................$ 48,825 Equipment Purchases...................................................................................................$ 8,990 Computer Charges ....................................................................................................$ 386,935 Real Estate Rentals ....................................................................................................$ 83,300 Telecommunications...................................................................................................! 44,200 Per Diem, Fees and Contracts ................................................................................$ 165,360 Postage..........................................................................................................................$ 66,600 Cost of Living Increases for Local Retirement System Members..............................................................................................................! 1,392,000 Floor Fund for Local Retirement Systems...........................................................................................! 1,447,100 Employer Contributions........................................................................................! 6,229,440 Total Funds Budgeted ........................................................................................$ 11,308,567 State Funds Budgeted...........................................................................................! 9,068,540 Total Positions Budgeted 62 Budget Unit Object Classes: Personal Services....................................................................................................! 1,347,302 Regular Operating Expenses.....................................................................................I 67,915 Travel............................................................................................................................! 20,600 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 48,825 Equipment Purchases...................................................................................................! 8,990 Computer Charges....................................................................................................! 386,935 Real Estate Rentals ....................................................................................................$ 83,300 Telecommunications...................................................................................................! 44,200 Per Diem, Fees and Contracts................................................................................! 165,360 Postage..........................................................................................................................! 66,600 Cost of Living Increases for Local Retirement System Members................................................................! 1,392,000 Floor Fund for Local Retirement Systems...........................................................................................! 1,447,100 Employer Contributions........................................................................................! 6,229,440 Total Positions Budgeted 61 Authorized Motor Vehicles 1 Section 43. Department of Transportation. Budget Unit: Department of Transportation........................................................................................! 408,106.876 1. Planning and Construction Budget: Personal Services..................................................................................................! 71,945,408 Regular Operating Expenses ................................................................................$ 4,224,287 Travel.......................................................................................................................! 1,060,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing........................................................................................! 260,000 Equipment Purchases.................................................................................................! 49,350 Computer Charges.............................................................................................................! -0Real Estate Rentals....................................................................................................! 34,415 2442 JOURNAL OF THE HOUSE, Telecommunications .................................................................................................$ 985,820 Per Diem, Fees and Contracts .............................................................................$ 6,100,000 Capital Outlay ....................................................................................................$ 351,127,102 Eugene Talmadge Memorial Bridge Study..........................................................................................................$350,000 Total Funds Budgeted ......................................................................................$ 436,136,382 State Funds Budgeted.......................................................................................? 182,038,382 Total Positions Budgeted 3,049 2. Maintenance and Betterments Budget: Personal Services....................................................................................-.............* 54,713,987 Regular Operating Expenses ..............................................................................$ 36,624,032 Travel..........................................................................................................................! 353,350 Motor Vehicle Equipment Purchases ........................................................................................................................$ -0- Publications and Printing..........................................................................................! 11,000 Equipment Purchases.......................................................................................................? -0- Computer Charges.............................................................................................................? -0- Real Estate Rentals..........................................................................................................? -0- Telecommunications .................................................................................................$ 131,138 Per Diem, Fees and Contracts.............................................................................? 1,040,811 Capital Outlay......................................................................................................? 67,443,624 Total Funds Budgeted......................................................................................? 160,317,942 State Funds Budgeted.......................................................................................? 158,117,942 Total Positions Budgeted 3,589 3. Authorities Budget: Authority Lease Rentals.....................................................................................? 24,873,157 State of Georgia General Obligation Debt Sinking Fund.........................................................................? 3.714,593 Total Funds Budgeted........................................................................................? 28,587,750 State Funds Budgeted.........................................................................................? 28,587,750 4. Facilities and Equipment Budget: Motor Vehicle Equipment Purchases.................................................................? 1,000,000 Equipment Purchases............................................................................................? 2,200,000 Capital Outlay...........................................................................................................? 115,000 Total Funds Budgeted ..........................................................................................$ 3,315,000 State Funds Budgeted...........................................................................................? 3,215,000 5. Assistance to Counties Budget: Grants to Counties.................................................................................................? 9.317,013 Total Funds Budgeted..........................................................................................? 9,317,013 State Funds Budgeted...........................................................................................? 9,317,013 6. Administration Budget: Personal Services....................................................................................................? 7,930,518 Regular Operating Expenses................................................................................? 2,275,113 Travel..........................................................................................................................? 105,000 Motor Vehicle Equipment Purchases........................................................................................................................? -0- Publications and Printing........................................................................................? 210,528 Equipment Purchases.......................................................................................................? -0- Computer Charges....................................................................................................? 829,527 Real Estate Rentals..................................................................................................? 925,000 Telecommunications.................................................................................................? 233,700 Per Diem, Fees and Contracts................................................................................? 190,000 Total Funds Budgeted ........................................................................................$ 12,699,386 TUESDAY, MARCH 16, 1982 2443 State Funds Budgeted.........................................................................................$ 12,699,386 Total Positions Budgeted 321 Appropriation of State funds in the foregoing Department of Transportation budgets shall be in conformity with and pursuant to Article III, Section X, Paragraph VII, subsec tion (b) of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the Fiscal Division of the Department of Administrative Services in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Administrative Services in the imme diately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein. Provided, however, that objects for Activities financed by Motor Fuel Tax including Planning and Construction, Maintenance and Betterments, Authority Lease Rentals, Gen eral Obligation Debt Sinking Fund Payments, Administration, and Grants to Counties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget. For general administrative cost of operating the Department of Transportation, includ ing equipment and compensation claims. For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto provided all expenditures for county contracts shall be in accordance with and on the basis of average prices authorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the Department of Transportation may add, delete and substitute Fed eral aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary autho rization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services and constitutionally appropriated to the Department of Transportation. For lease rental obligations of the Department of Transportation to the Georgia High way Authority and the Georgia Building Authority in accordance with lease rental con tracts now in existence and for appropriations to the 'State of Georgia General Obligation Debt Sinking Fund' for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transportation. For grants to counties for aid in county road construction and maintenance to be dis tributed and disbursed to various counties of the State by the Fiscal Division of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mile age in the State,.as such mileage information is furnished by the Department of Transpor tation. Provided, further, that a member of the governing authority of the county, designated by such authority, shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the fiscal year for which such audit is made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of Code Section 91A-7003 (Code Section 48-14-3) against the amount of funds expended by each county in such year for the purposes authorized by said Sec tion. Provided further, it is the intent of this General Assembly that the Department of Transportation is authorized to use interstate rehabilitation funds for four-laning and passing lanes. 2444 JOURNAL OF THE HOUSE, Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below: Planning and Construction Geodetic Control .......................................................................................................$ 305,473 Capital Outlay - Paving State and Local Schools and State Institutions ..................................................................................................$ 750,000 Paving State Parks and Historic Sites .........................................................................................................$ 500,000 Capital Outlay - Paving Farmers Markets.....................................................................................................? 35,000 Eugene Talmadge Memorial Bridge Study..........................................................................................................$ 350,000 Maintenance and Betterments Capital Outlay Rehabilitation and Improvements - Off System ...........................................................................$ 10,000,000 This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropriations of an amount equivalent to motor fuel tax revenue required under Article III, Section X, Paragraph VII, subsection (b) of the State Constitution. 7. Assistance to Municipalities Budget: Grants to Municipalities.......................................................................................? 9,317,000 Total Funds Budgeted ..........................................................................................$ 9,317,000 State Funds Budgeted...........................................................................................? 9,317,000 For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended (Code Sections 36-40-41 through 36-40-45). Provided, further, that a member of the governing authority of the municipality, desig nated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year. Provided, further, that the above sums shall be distributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter. 8. Air Transportation Budget: Personal Services......................................................................................................-! 505,000 Regular Operating Expenses ...................................................................................$ 456,100 Travel............................................................................................................................? 11,000 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing...............................................................................................! 200 Equipment Purchases...................................................................................................$ 6,000 Computer Charges.............................................................................................................? -0Real Estate Rentals.............................................................................................................? 1 Telecommunications.....................................................................................................? 4,610 Per Diem, Fees and Contracts.......................................................................................? 500 Capital Outlay...........................................................................................................? 125,000 Total Funds Budgeted..........................................................................................? 1,108,411 TUESDAY, MARCH 16, 1982 2445 State Funds Budgeted..............................................................................................! 710,497 Total Positions Budgeted 17 9. Inter-Modal Transfer Facilities Budget: Personal Services.......................................................................................................! 639,000 Regular Operating Expenses .....................................................................................$ 53,070 Travel............................................................................................................................! 22,100 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 26,000 Equipment Purchases......................................................................................................! 600 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 19,140 Per Diem, Fees and Contracts................................................................................! 464,500 Capital Outlay - Airport Development..........................................................................................................! 700,000 Capital Outlay - Airport Operational Improvements...............................................................................! 1,000,000 Capital Outlay - Airport Approach Aid.........................................................................................................! 270,000 Mass Transit Grants.................................................................................................! 705,340 Total Funds Budgeted ..........................................................................................$ 3,899,750 State Funds Budgeted...........................................................................................! 3,649,906 Total Positions Budgeted 24 10. Harbor Maintenance Budget: Harbor Maintenance Payments..............................................................................! 454,000 Capital Outlay - Land Acquisition.................................................................................! -0Total Funds Budgeted .............................................................................................$ 454,000 State Funds Budgeted..............................................................................................! 454,000 Budget Unit Object Classes: Personal Services................................................................................................! 135,733,913 Regular Operating Expenses ..............................................................................$ 43,632,602 Travel.......................................................................................................................! 1,551,450 Motor Vehicle Equipment Purchases.............................................................................................................! 1,000,000 Publications and Printing........................................................................................! 507,728 Equipment Purchases............................................................................................! 2,255,950 Computer Charges ....................................................................................................$ 829,527 Real Estate Rentals..................................................................................................! 959,416 Telecommunications..............................................................................................! 1,374,408 Per Diem, Fees and Contracts.............................................................................! 7,795,811 Capital Outlay ....................................................................................................$ 418,810,726 Mass Transit Grants.................................................................................................! 705,340 Grants to Municipalities .......................................................................................$ 9,317,000 Harbor Maintenance Payments..............................................................................! 454,000 Grants to Counties.................................................................................................! 9,317,013 Authority Lease Rentals .....................................................................................$ 24,873,157 Capital Outlay - Airport Development ..........................................................................................................$ 700,000 State of Georgia General Obligation Debt Sinking Fund.....................................................................................................................! 3,714,593 Capital Outlay - Airport Operational Improvements..............................................................................-! 1,000,000 Capital Outlay - Airport Approach Aid.........................................................................................................! 270,000 2446 JOURNAL OF THE HOUSE, Capital Outlay - Land Acquisition......................................................................................................................! -0- Eugene Talmadge Memorial Bridge Study..........................................................................................................$ 350,000 Total Positions Budgeted 7,000 Authorized Motor Vehicles 4,800 For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air transportation ser vices, and for contractual expense for harbor maintenance. Provided, that the Department of Transportation is authorized to retain such portion of its Air Transportation service income as is required to maintain and upgrade the quality of its equipment. Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance up to but not exceeding one-half (Vi) of the Non-federal share when matching both Federal and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. Provided, further, that the Department of Transportation is authorized to utilize State Airport Development Funds at 100% of the total cost of an individual airport project for airports owned by the State of Georgia. Provided, that $454,000 of the above allocation for harbor maintenance payments is des ignated and committed for payment for harbor maintenance and improvements at Savannah. Provided, further, that the Department of Transportation is authorized and directed to transfer to Personal Services from other object classes such funds as are required to fund the increased Personal Services costs contemplated in this Act, subject only to approval by the Office of Planning and Budget. Provided that the Department of Transportation is authorized to retain its Bus Rental Income to operate, maintain, and upgrade the department-owned buses. Section 44. Department of Veterans Service. Budget Unit: Department of Veterans Service........................................................................................................$ 11,378,749 1. Veterans Assistance Budget: Personal Services...................................................................................................^ 3,036,400 Regular Operating Expenses .....................................................................................$ 94,605 Travel............................................................................................................................$ 82,200 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 21,000 Equipment Purchases...................................................................................................? 8,000 Computer Charges ...........................................................................................................$ 100 Real Estate Rentals ..................................................................................................$ 137,250 Telecommunications...................................................................................................! 64,250 Per Diem, Fees and Contracts ....................................................................................$ 6,000 Postage..........................................................................................................................! 30,800 Total Funds Budgeted ..........................................................................................$ 3,480,605 State Funds Budgeted...........................................................................................! 3,212,692 Total Positions Budgeted 155 Authorized Motor Vehicles 1 2. Veterans Home and Nursing Facility Milledgeville Budget: Capital Outlay..................................................................................................................-! -0Equipment Purchases.................................................................................................! 50,000 Regular Operating Expenses for Projects...............................................................................................................! 84,380 Operating Expenses/Payments to Central State Hospital ......................................................................................$ 7,201,545 TUESDAY, MARCH 16, 1982 2447 Total Funds Budgeted ..........................................................................................$ 7,335,925 State Funds Budgeted...........................................................................................! 5,898,555 3. Veterans Nursing Home Augusta Budget: Capital Outlay ...................................................................................................................$ -0Equipment Purchases.................................................................................................$ 11,847 Regular Operating Expenses for Projects.....................................................................................................................$ -0Operating Expense/Payments to Medical College of Georgia...............................................................................! 3,037,375 Total Funds Budgeted ..........................................................................................$ 3,049,222 State Funds Budgeted...........................................................................................! 2,267,502 Budget Unit Object Classes: Personal Services....................................................................................................! 3,036,400 Regular Operating Expenses .....................................................................................$ 94,605 Travel............................................................................................................................$ 82,200 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 21,000 Equipment Purchases.................................................................................................! 69,847 Computer Charges........................................................................:..................................! 100 Real Estate Rentals..................................................................................................! 137,250 Telecommunications...................................................................................................! 64,250 Per Diem, Fees and Contracts....................................................................................! 6,000 Capital Outlay ...................................................................................................................$ -0- Postage..........................................................................................................................$ 30,800 Operating Expense/Payments to Central State Hospital ......................................................................................$ 7,201,545 Operating Expense/Payments to Medical College of Georgia...............................................................................! 3,037,375 Regular Operating Expenses for Projects...............................................................................................................! 84,380 Total Positions Budgeted 155 Authorized Motor Vehicles 1 Section 45. Workers' Compensation Board. Budget Unit: Workers' Compensation Board............................................................................................................! 4,143,311 1. Workers' Compensation Administration Budget: Personal Services....................................................................................................! 2,920,124 Regular Operating Expenses .....................................................................................$ 78,106 Travel............................................................................................................................! 40,000 Motor Vehicle Equipment Purchases ..........................................,.................................$ -0- Publications and Printing..........................................................................................! 38,000 Equipment Purchases........,........................................................................................! 57,850 Computer Charges....................................................................................................! 118,644 Real Estate Rentals..................................................................................................! 365,141 Telecommunications...................................................................................................! 72,270 Per Diem, Fees and Contracts..................................................................................! 47,590 Postage..........................................................................................................................! 51,800 Total Funds Budgeted ..........................................................................................$ 3,789,525 State Funds Budgeted...........................................................................................! 3,738,552 Total Positions Budgeted 127 2. Vocational Rehabilitation Budget: Personal Services.......................................................................................................! 311,935 2448 JOURNAL OF THE HOUSE, Regular Operating Expenses .......................................................................................$ 8,620 Travel............................................................................................................................$ 10,900 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 2,000 Equipment Purchases...................................................................................................! 3,305 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 41,553 Telecommunications.....................................................................................................! 7,884 Per Diem, Fees and Contracts..................................................................................! 15,600 Postage............................................................................................................................! 6,500 Total Funds Budgeted.............................................................................................! 408,297 State Funds Budgeted.............................................................................................-! 404,759 Total Positions Budgeted 15 Budget Unit Object Classes: Personal Services...........................................................................................-.......! 3,232,059 Regular Operating Expenses .....................................................................................$ 86,726 Travel............................................................................................................................! 50,900 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 40,000 Equipment Purchases.................................................................................................! 61,155 Computer Charges....................................................................................................! 118,644 Real Estate Rentals..................................................................................................! 406,694 Telecommunications...................................................................................................! 80,154 Per Diem, Fees and Contracts..................................................................................! 63,190 Postage..........................................................................................................................! 58,300 Total Positions Budgeted 142 Authorized Motor Vehicles 1 Section 46. State of Georgia General Obligation Debt Sinking Fund. Budget Unit: State of Georgia General Obligation Debt Sinking Fund...................................................................................! 85,080,023 Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Funds, !3,645,000 is specifically appropriated for the purpose of financing a new construction program which consists of the acquisition of land (if needed) and the construction and equipping of buildings and facilities at various institutions under the control of the State Board of Regents at the University System through the issuance of not more than !13,500,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, !12,594,120 is specifically appropriated for the purpose of financing a school construction program throughout the State of Georgia, which will con sist of the construction and equipping of school buildings and facilities, including voca tional education comprehensive high schools, through the issuance of not more than !89,960,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $7,537,208 is specifically appropriated for the purpose of financing the expansion of facilities under the control of the Georgia Ports Authority through the issuance of not more than !53,840,000 in principal amount of General Obliga tion Debt. Section 47. Energy Conservation. Budget Unit: Energy Conservation Program........................................................................................................! 4,286,639 Total Funds Budgeted ..........................................................................................$ 8,573,278 State Funds Budgeted...........................................................................................! 4,286,639 TUESDAY, MARCH 16, 1982 2449 Section 48. In addition to all other appropriations for the fiscal year ending June 30, 1983 there is hereby appropriated $2,484,403 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $5,634,000 for the purpose of providing operating funds for the State physical health laboratories ($175,000 - Budget Unit "A") and for State mental health/mental retardation institutions ($5,459,000 - Budget Unit "C") in the Department of Human Resources. Provided, further, the Office of Planning and Budget is hereby authorized to transfer funds from this section to the Department's budget on a quarterly basis in an amount equal to that which the Department remits to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 49. In addition to all other appropriations for the fiscal year ending June 30, 1983, there is hereby appropriated $2,100,000 to be allocated to various state agencies for the purpose of paying quarterly premiums for unemployment compensation payments to the Department of Administrative Services. Provided, further, the Office of Planning and Budget shall designate the amount to be allotted to each agency from this section, and shall maximize the use of available federal matching funds for this purpose. Section 50. There is hereby appropriated $150,000 for the payment of claims autho rized by Compensation Resolutions of the Georgia General Assembly. The Office of Plan ning and Budget is authorized and directed to transfer funds from this appropriation to appropriate budget units for the purpose of making such payments. Section 51. Cost-of-Living Increases. In addition to all other appropriations for the fis cal year ending June 30, 1983, there is hereby appropriated $94,400,000 for the purposes described herein: 1) An increase of $624 per annum for full-time employees of the execu tive, judicial and legislative branch of state government, effective July 1, 1982; 2) For a 5/c increase on the current salary schedule for teachers, public librarians and other instructional and support personnel, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after com pletion of one year of experience and permanent certification, effective the following month, effective September 1, 1982; 3) For school bus drivers, a 5% salary increase, effec tive July 1, 1982; 4) For university system employees, a 4.75% salary increase, to be effec tive September 1, 1982 for academic contracted personnel; 5) A 4.75% salary increase, effective July 1, 1982, for non-academic personnel, and fiscal year contracted personnel of the university system and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Stations with a maximum increase of $1,000 per annum for offi cials and employees of Regents Central Office, and 6) An increase of 4% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia Gen eral Assembly, as authorized in Section 2 of said Act (Code Section 45-7-4), and for secre taries for whom salaries are set by Act 279 (H.B. 360) of the 1977 Regular Session of the Georgia General Assembly (Code Sections 15-6-25 and 15-18-17), effective July 1, 1982. Provided, further, State officials earning $50,000 or more, excepting the Governor and Medical Doctors, are hereby excluded from receiving compensation provided for in this section. Provided, further, that no funds shall be transferred from this section without prior review and approval by the Legislative Budget Office. Section 52. It is the intent of this General Assembly that to the greatest extent feasi ble, the Georgia Building Authority (Hospital) and Georgia Building Authority (Penal) uti lize existing surplus funds for payments to bond trustees for unmatured issues to eliminate the necessity of debt-service appropriations in Fiscal Year 1983 and thereafter. Section 53. It is the intent of this General Assembly that each and every agency, board, commission and authority receiving appropriations in this Act shall develop and 2450 JOURNAL OF THE HOUSE, enforce stringent regulations relating to the use of motor vehicles owned, leased or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use such vehicles except for official State business. Provided, further, it is the intent of this General Assembly that each State agency utiliz ing xerographic reproducing equipment maintain a log for each unit of equipment indicat ing the date, number of copies and such other data determined appropriate to conserve the utilization of such equipment. It is the further intent of this General Assembly that each State agency implement procedures to control usage of long-distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor. Section 54. It is the intent of this General Assembly that to the extent to which Fed eral funds become available in amounts in excess of those contemplated in this Appropria tions Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. Section 55. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity contained in this Appropriations Act. Section 56. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of motor fuel shall be entitled to a refund covering shrinkage in the process of retailing motor fuel as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel. Section 57. No State appropriations authorized under this Act shall be used to con tinue programs currently funded by KXKo Federal funds. Section 58. Provided further that no State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facil ities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly. Section 59. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institu tion of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act, and for each and every fiscal year thereafter, until all pay ments required under lease contracts have been paid in full, and if for any reason any of TUESDAY, MARCH 16, 1982 2451 the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropria tions. The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds. Section 60. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommen dations contained in the Budget Report submitted to the General Assembly at the 1982 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs, and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not cur rently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond fiscal year 1982, and provided, further, that no funds what soever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amend ments properly approved by the Director of the Budget. In those cases in which the afore said Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers. Section 61. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Budget Report for F.Y. 1983 submitted to the General Assembly at the 1982 regular Section 62. It is the intent of the General Assembly that for the purposes of this Act, (1) Authorized motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and any other such vehicles for street and highway use, and (2) The number of authorized motor vehicles indicated for each budget unit shall include leased vehicles and State-owned vehicles, and (3) The Departments are not authorized to accept vehicles from surplus property to increase the number authorized in this Act unless specifically approved by this General Assembly. Section 63. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the forego ing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State. Section 64. TOTAL APPROPRIATIONS F.Y. 1983 .............................................................................................................$ 3,732,000,000. 2452 JOURNAL OF THE HOUSE, Section 65. Parenthetical references to Code sections following other statutory refer ences refer to the Official Code of Georgia Annotated which will become effective Novem ber 1, 1982; and no substantive change is intended by the provision of such references. Section 66. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 67. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Vaughn of the 57th moved that the House disagree to the Senate sub stitute to HB 1236. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate insists on its substitute to the following Bill of the House: HB 1236. By: Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th, and Harris of the 8th: A BILL to make and provide appropriations for the fiscal year beginning July 1, 1982, and ending June 30, 1983; and for other purposes. The following Resolutions of the House were read and adopted: HR 849. By: Representatives Greer of the 43rd, Robinson of the 58th, and many others: A RESOLUTION commending Mr. Alan F. Keipper and urging him to stay in Atlanta; and for other purposes. HR 850. By: Representative Long of the 142nd: A RESOLUTION recognizing the Cairo High School Syrup-Makers Football Team; and for other purposes. HR 851. By: Representative Long of the 142nd: A RESOLUTION recognizing the Cairo High Syrup-Maids Basketball Team; and for other purposes. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate insists on its substitute to the following Bill of the House: HB 1252. By: Representative Watson of the 114th: A BILL to amend Code Chapter 5A-25, relating to state license requirements and regulations for manufacture, distribu tion, and package sales business; to amend the Official Code of Georgia Anno tated accordingly; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: TUESDAY, MARCH 16, 1982 2453 SB 632. By: Senators Dean of the 31st, Timmons of the llth, Bowen of the 13th and oth ers: A BILL to amend Code Chapter 24-28, relating to sheriffs, so as to provide for bonds of deputies; to amend Code Chapter 89-4, relating to official bonds, so as to change the provisions relating to bonds of deputies of public officials; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Aiken Y Anderson YArgo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Birdsong Y Bishop Bolster Y Branch YBray Y Brooks YBuck Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Clark.L Colbert Y Coteman Collins Y Colwell Connell Y Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Davis,B Y Davis,J Y Davis.L YDean Dent Y Dixon Y Dobbs Y Dover Edwards Eliiott Evans Y Felton Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer YHam Y Hamilton Y Banner Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson Irvin Y Isakson Y Jackson,J Y Jackson.N Jackson.W Y Jessup Y Johnson.G Y Johnson,R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Logan YLong YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Y Phillips.L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose Y Ross Y Rowland Y Russell Y Savage Y Scott.A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplett Tuten Twiggs Y Vandiford Vaughn Veazey Y Waddle Walker Y Wall Ware Watson White Y Widener Y Williams.B.J Williams.H Y Williams,R Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy On the passage of the Bill, the ayes were 131, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 253. By: - Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A BILL to amend an Act known as the "Adequate Program for Education in Georgia Act," so as to provide the circumstances whereby local units of admin istration may be granted funding for construction in excess of annual entitlements; and for other purposes. The following Committee substitute was read: A BILL To amend Code Section 20-2-250 of the Official Code of Georgia Annotated, relating to educational facilities under the Adequate Program for Education, so as to revise the provisions relative to educational facilities; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. 2454 JOURNAL OF THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-2-250 of the Official Code of Georgia Annotated, relating to educational facilities under the Adequate Program for Education, is amended by strik ing said Code Section 20-2-250 in its entirety and substituting in lieu thereof a new Code Section 20-2-250 to read as follows: "20-2-250. (a) It is declared to be the policy of the State of Georgia to assure that every student in Georgia's public schools shall be housed in a facility which is structur ally sound and well maintained and which has adequate space and equipment to meet each student's instructional needs as those needs are defined and required by the Ade quate Program for Education in Georgia. (b) As used in this Code section, the following words or terms shall have the follow ing meanings: (1) 'Addition' refers to square footage of room floor space for instructionsal or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site. (2) 'Annual debt service' means expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the interest on the principal as well as the principal of the debt. (3) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, con struction of buildings, construction of additions to buildings, retrofiting of existing buildings for energy conservation, and initial and additional equipment and furnish ings for educational facilities. (4) 'Construction project' shall refer to the construction of new buildings, additions or expansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes connected thereto, related to educational facilities. (5) 'Educational facilities' shall include buildings, fixtures, and equipment neces sary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, cafetoriums, media centers, building equipment, building fixtures, fur nishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, gymnasiums, stadiums, and similar facil ities used for athletic competition and the central and area administrative offices of local units of administration. (6) 'Educational facilities survey' means a systematic study of present educational facilities and a five-year forecast of future needs based on the instructional program and service requirements of this article. (7) 'Eligible and qualified' means that a local unit has identified proposed con struction projects through the facilities survey, prioritized them within a construction plan, and received approval of the goal decision by the State Board of Education. (8) 'Local funds' or 'local unit funds' refers to funds available to local units of administration from sources other than state and federal funds. (9) 'Local unit' or 'local unit of administration' means any county or independent board of education which administers public elementary and secondary schools. (10) 'Renovation' or 'modernization' or both refers to construction projects which consist in the initial installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations. (11) 'Required local participation' means the percentage of the cost of a total con struction project which must be contributed by local units of administration from local funds. TUESDAY, MARCH 16, 1982 2455 (12) 'Year' or 'fiscal year,' unless otherwise clearly intended, refers to the fiscal year of the State of Georgia. (c) The State Board of Education shall implement the provisions of this Code sec tion, and the State School Superintendent and designated staff in the Department of Education who have degrees in educational administration specializing in educational facilities planning shall administer the requirements and implement the duties of this Code section as implemented by the State Board of Education whose responsibilities shall include the following: (1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local unit. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; local property assessment for bond pur poses; bonding capacity and outstanding school bonds; buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its cur rent use. Department of Education staff shall review, certify the accuracy of, and approve each local unit's inventory; (2) To adopt policies, guidelines, and standards for the educational facilities survey required of local units. Educational facilities surveys shall be conducted by local units which have qualified staff assisted by staff of the Department of Education or by a public agency, public institution, or private agency. Qualifications shall be established for agencies and personnel who conduct or participate in education facilities surveys, and no agency shall be approved unless it demonstrates that its personnel are quali fied. All surveys conducted by agencies other than the Department of Education shall be reviewed and approved by the Department of Education. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assess ment of existing educational facilities; extent of obsolescence of facilities; recommen dations for improvements, expansion, modernization, safety, and energy retrofiting of existing educational facilities. The Department of Education staff shall review, certify as to the accuracy of, and approve each educational facilities survey; (3) To adopt policies, guidelines, and standards for educational facilities construc tion plans required of local units. Local unit facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educa tional facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofiting; proposed construction projects for the purpose of merging small, inefficient educational facilities, if any; and other construction projects needed to house the instructional program required by provisions of this article; (4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, use, and matters pertain ing or relating to consolidation of schools and educational facilities as may be reason ably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equip ment in educational facilities; space requirements per pupil; number and size of class rooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities, except the State Board of Education shall adopt no policies or standards which require abandonment of a facility unless the cost of its renovation and modernization at least equals the cost of its replacement, but the State Board of Education shall provide that, except for sat isfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise, meet requirements applicable to them 2456 JOURNAL OF THE HOUSE, prior to renovation, modernization, or additions and that additions to existing facili ties shall meet most recent requirements in all respects. (5) To develop a state-wide needs assessment for purposes of planning and devel oping policies and anticipating needs for educational facilities. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources, census data published by the Bureau of the Census, local unit educational facilities and real property inventories, educational facilities surveys, average daily attendance projection research, and educational facili ties construction plans, and shall reflect the demand areas for capital outlay priorities listed in subsection (f); (6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (f), (g), (h), (i), and (j) relating to uses and priorities of state capital out lay funds, state and local share of costs, entitlement and allocation of capital outlay funds, advance funding for certain construction projects, and consolidation of high schools across system lines are carried out; (7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure compliance with state standards and requirements, and inspect and approve com pleted construction projects financed in whole or in part with state funds, except con struction projects constructed under supervision of the Georgia State Financing and Investment Commission. The State Board of Education may designate selected local units which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of Geor gia State Financing and Investment Commission; (8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; and (9) To provide procedures whereby local units may revise their educational facili ties construction plans or the priority order of construction projects requested for which state capital outlay funds are requested. (d) In the event any local unit of administration enters into a lease contract with the State School Building Authority or the Georgia State Financing and Investment Com mission for the use of facilities of the authority or commission pursuant to a commit ment by the State Board of Education for future allotments of state capital outlay funds, the State Board of Education, upon receipt of an executed copy of said lease con tract, is authorized and directed to pay monthly, quarterly, or annually to the authority or commission such part of such funds to be made available to the local unit of adminis tration under this Code section as may be required to meet the terms of such lease con tract. The State Board of Education is empowered and directed to withhold any fund allocations to any local unit of administration for failure to comply with any provision of this Code section or policies, guidelines, or standards adopted by said board for the purpose of implementing the requirements of this Code section. (e) Each local unit of administration shall prepare and annually update an educa tional facilities and real property inventory in accordance with provisions of subsection (c) of this Code section. In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (h) and (i), each local unit must meet the following conditions and requirements: (1) Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional pro gram required by this article. Prior to initiating the survey, the local unit must file a resolution with the State Board of Education requesting that a survey be done in its behalf and identify the agency which will conduct it, the agency having been previ ously approved by the Department of Education as eligible to conduct comprehensive educational facilities surveys. The survey shall be conducted after approval by the State Board of Education and the cost shall be paid from funds available to the local unit; TUESDAY, MARCH 16, 1982 2457 (2) Complete a local educational facilities construction plan based on the educa tional facilities survey. The local educational facilities construction plan shall be pre pared in accordance with provisions of subsection (c) and each proposed construction project shall be identified according to the priorities for capital outlay funds as pro vided in subsection (f). Each local unit shall decide the order of importance of pro posed construction projects, as reflected in its construction plan; (3) Submit requests for capital outlay funds, and provide required local participa tion; (4) Submit proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Education for review and approval in accordance with provisions of subsection (c); and (5) Revise the local educational facilities construction plan and priority order of requested construction projects in accordance with provisions of subsection (c). All local educational facilities surveys or educational facilities construction plans com pleted and approved prior to July 1, 1983, shall continue in effect for the five-year peri ods they cover. Local facilities surveys or construction plans initiated prior to July 1, 1983, and not completed, or completed and not approved on that date, shall be com pleted or approved under requirements in effect prior to July 1, 1983, unless the local unit chooses to conduct its survey or complete its construction plan in accordance with requirements in effect after that date. Local units which have not either initiated or completed surveys and construction plans on or before July 1, 1983, shall be eligible for state capital outlay funds for construction projects as determined by the State Board of Education until such time as their surveys and construction plans have been initiated and completed. All local facilities surveys and facilities construction plans or approved revisions of either initiated after July 1, 1983, shall be conducted in accordance with provisions of this Code section. (f) Effective July 1, 1983, state capital outlay funds for educational facilities appro priated in accordance with provisions of this Code section shall be used for the following priorities: (1) To provide construction projects needed because of increased pupil attendance or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educa tional facilities or portions thereof on different sites; (2) To provide construction projects to renovate or modernize educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessi ble, energy deficient, or unsanitary physical environments; (3) To provide construction projects for new additions to existing educational facil ities or relocation of existing educational facilities or portions thereof on different sites in order to house changes in the instructional program required under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local unit; (4) To provide construction projects to merge educational facilities which have fewer pupils than required for the minimum school population by the State Board of Education or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof on different sites; (5) To pay the principal, less required local participation, on permanent type con struction projects which have met criteria for eligibility and qualification as set forth in subsections (c), (e), (f), and (g) and have been constructed wholly with local funds, provided such construction projects were initiated after July 1, 1977; and (6) To reimburse local units of administration for annual debt service payments for construction projects for educational facilities required pursuant to provisions of this article. 2458 JOURNAL OF THE HOUSE, Local units may request state capital outlay funds under provisions of this Code sec tion from the above priorities in any order of importance in their discretion and as iden tified in the local unit construction plan or approved revisions thereof, except that no local unit may request funds from priority (6) unless and until all construction projects identified in its construction plan from priorities (1) through (5) have been completed. No local unit may request more than four construction projects in a given year, except that two renovations, modernizations, or additions to existing facilities may count as one construction project. Construction projects which include additions together with renovation or modernization affecting the same educational facility, and which embrace more than one priority, shall be listed under the priority having the greater cost. (g) Effective July 1, 1983, the state and each local unit of administration shall pro vide capital outlay funds for educational facilities in accordance with this subsection as follows: (1) Construction projects requested and funded pursuant to requirements of sub section (j) shall be totally financed with state funds. The state shall finance 75 percent of the local unit's debt service payments as authorized in paragraph (6) of subsection (f). The state's share of the cost of construction projects to replace destroyed or dam aged educational facilities under paragraph (1) of subsection (f) shall equal 75 percent, modified by required local effort, of that share of the cost of replacement, repair, or renovation not covered by insurance held on the educational facility by the local unit, but not to exceed 25 percent of the total cost of the construction project. The state's share of the cost of other construction projects financed under the provisions of this Code section shall be at least 75 percent of the total cost, modified by the required local participation provided in paragraphs (2) and (3) of this subsection; (2) Local units which request state capital outlay funds for construction projects under provisions of subsection (j) of this Code section shall receive total financing of the projects by the state. Local units which request state capital outlay funds for pay ment of local debt service under paragraph (6) of subsection (f) shall provide 25 per cent of the debt service payments from local funds. Local units which request state capital outlay funds for construction projects to replace, repair, or renovate educa tional facilities destroyed or damaged by fire or natural disasters under paragraph (1) of subsection (f) .shall apply insurance payments to such projects and shall then pro vide 25 percent of the remaining cost of replacement, renovation, or repair as that 25 percent is modified by paragraph (3) of this subsection, as well as any remaining cost not provided by the state. Local units requesting state capital outlay funds for con struction projects pursuant to other provisions of this Code section and for priorities listed under subsection (f) shall provide 25 percent of the cost of such construction projects, as modified by paragraph (3) of this subsection; and (3) In accordance with provisions of paragraph (2) of this subsection, each local unit shall provide local funds in order to receive state capital outlay funds for educa tional facilities and debt service payments under provisions of this Code section. The required local participation shall equal 25 percent of the cost of each construction project as modified in accordance with the local unit's ability index. The local ability index shall be determined as follows: the numerator shall be obtained by dividing the local unit's equalized adjusted school property tax digest by the number of its resident pupils in average daily attendance; the denominator shall be obtained by dividing the state-wide equalized adjusted school property tax digest by the state-wide average daily attendance of pupils; the numerator shall then be divided by the denominator and the result multiplied by 25 percent of the total cost of the requested construction project. The resultant sum shall be the required local participation necessary for the construction project. A local unit may further reduce its required local effort by reduc ing an amount equal to 75 percent of the annual debt service payments of principal and interest on bond issues for construction projects for educational facilities from its required local participation. If a local unit requests capital outlay funds for more than one construction project in a fiscal year, it may reduce the debt service payments from a single project requested or prorate it equally over all those requested. In no event, however, shall any local unit be required to pay either more than 25 percent or less than 10 percent of the total cost of the construction project. TUESDAY, MARCH 16, 1982 2459 (h) (1) Effective July 1, 1983, each fiscal year, a local unit must submit a list of con struction projects to the State Board of Education in order to receive capital outlay funds. Except as provided in subsection (j) of this Code section, each construction project must be eligible and qualified by having been recommended in the local unit's educational facilities survey, educational facilities construction plan, and having appeared on its approved construction priority list in accordance with requirements of this Code section. Local unit funds must be available in the amount of required local effort in accordance with provisions of subsection (g). Construction projects requested for funding under provisions of subsection (i) shall be identified and separated from other requests. Construction projects requested under provisions of subsection (j) shall be identified and separated from other requests. The local units shall forward all requests to the State Board of Education. (2) The State Board of Education shall compile the requests for capital outlay funds received from local units, separate those construction projects requested under the provisions of subsection (i) or (j) from the others, and submit the totals, except for (i) or (j), as part of its appropriation request each fiscal year. This appropriations request shall equal the state's share of capital outlay funds of the total cost of each construction project requested and shall not exceed the amount necessary to fund the state's share of all eligible and qualified projects requested. If the General Assembly appropriates sufficient capital outlay funds to finance all construction projects or debt service payments in this category, each local unit shall be entitled to receive the amounts requested for its projects. The State Board of Education shall forward to each local unit its allocation upon receipt of the funds. If the General Assembly appropriates less than the total amount of requested capital outlay funds in this cate gory in a given fiscal year, the State Board of Education shall allocate the total state share for as many projects as the appropriated total permits. Construction projects shall be chosen for funding in the order of priorities listed in subsection (f) beginning with construction projects under paragraph (1) of said subsection (f), except that allo cations shall first be made for construction projects which were requested the preced ing year, were not funded, and for which requests for funds have been resubmitted. (3) The State Board of Education shall compile the lists of construction projects requested pursuant to subsection (i) and submit such projects as a separate category as part of the State Board of Education's appropriations request each fiscal year. The State Board of Education shall allocate appropriations made under this category to the local units as provided in the language of the 'General Appropriations Act' and in accordance with provisions of this Code section. (4) The State Board of Education shall compile the lists of construction projects requested pursuant to subsection (j) and submit such projects as a separate category as part of the State Board of Education's appropriations request each fiscal year. The State Board of Education shall allocate appropriations made under this category to the local units as provided in the language of the 'General Appropriations Act' and in accordance with provisions of this Code section. (i) Effective November 1, 1982, local units may receive state capital outlay funds for construction projects under the advance funding category to meet educational facilities needs due to extraordinary growth in pupil population, destruction of or damage to edu cational facilities by fire or due to natural disaster, or to replace educational facilities which have been certified as hazards to health or safety by the state fire marshal's office or by the Department of Human Resources. No local unit may request more than one construction project in the advance funding category during a period of three fiscal years, and no local unit may request capital outlay funds in this category unless it has no available means to house pupils in trailers or vacated buildings with sound founda tions in need only of renovation. A local unit requesting capital outlay funds for a con struction project in the advance funding category after November 1, 1982, and prior to July 1, 1983, shall meet all eligibility and qualifications then in effect. Effective July 1, 1983, any local unit requesting capital outlay funds for a construction project in the advance-funding category shall meet all eligibility and qualifications in accordance with provisions of this Code section. 2460 JOURNAL OF THE HOUSE, (j) Prior to July 1, 1984, when two or more local units agree to combine the total high school pupil populations either in grades 7 - 12, 8 - 12, or 9 - 12 across local unit lines the State Board of Education shall adopt procedures to be followed by local units in order to effect such consolidation and resulting educational facilities shall be con structed with state capital outlay funds in accordance with provisions of subsection (h)." Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Phillips of the 91st, Harrison of the 20th, Moore of the 152nd, and others move to amend the Committee Substitute to SB 253 by adding on line 16 of page 15 after the following: "project.", the following: "Those local units having unrequested entitlements under Section 48 of the 'Adequate Program for Education in Georgia Act,' as amended, in effect immediately prior to November 1, 1982, shall be eligible for amounts equal to such entitlements for approved and qualified construction projects at such times as requested, and no local funds shall be required to receive such entitlements." The following substitute, offered by Representatives Colwell and Twiggs of the 4th, Bolster of the 30th, and others, was read: A BILL To amend Code Section 20-2-250 of the Official Code of Georgia Annotated, relating to educational facilities under the Adequate Program for Education, so as to revise the provisions relative to educational facilities; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-2-250 of the Official Code of Georgia Annotated, relating to educational facilities under the Adequate Program for Education, is amended by strik ing said Code Section 20-2-250 in its entirety and substituting in lieu thereof a new Code Section 20-2-250 to read as follows: "20-2-250. (a) It is declared to be the policy of the State of Georgia to assure that every student in Georgia's public schools shall be housed in a facility which is structur ally sound and well maintained and which has adequate space and equipment to meet each student's instructional needs as those needs are defined and required by the Ade quate Program for Education in Georgia. (b) As used in this Code section, the following words or terms shall have the follow ing meanings: (1) 'Addition' refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site. (2) 'Annual debt service' means expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the interest on the principal as well as the principal of the debt. (3) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, con struction of buildings, construction of additions to buildings, retrofiting of existing TUESDAY, MARCH 16, 1982 2461 buildings for energy conservation, and initial and additional equipment and furnish ings for educational facilities. (4) 'Construction project' shall refer to the construction of new buildings, additions or expansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes connected thereto, related to educational facilities. (5) 'Educational facilities' shall include buildings, fixtures, and equipment neces sary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafetoriums, media centers, building equip ment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, gymnasiums, sta diums, and similar facilities used for athletic competition and the central and area administrative offices of local units of administration. (6) 'Educational facilities survey' means a systematic study of present educational facilities and a five-year forecast of future needs based on the instructional program and service requirements of this article. (7) 'Entitlement' refers to the maximum portion of the total need that may be funded in a given year. (8) 'Local funds' or 'local unit funds' refers to funds available to local units of administration from sources other than state and federal funds. (9) 'Local unit' or 'local unit of administration' means any county or independent board of education which administers public elementary and secondary schools. (10) 'Physical education facility' means any facility which is designed for an instruc tional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or space normally identified to serve only the interscholastic athletic program in which the school may participate. (11) 'Renovation' or 'modernization' or both refers to construction projects which consist in the initial installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations. (12) 'Required local participation' means the amount of funds which must be con tributed by local units of administration from local funds for each construction project. (13) 'Unhoused students' means those students who are not housed in school facili ties which are structurally sound with adequate space as defined by the State Board of Education. (14) 'Year' or 'fiscal year,' unless otherwise clearly intended, refers to the fiscal year of the State of Georgia. (c) The State Board of Education shall implement the provisions of this Code sec tion, and the State School Superintendent and designated staff in the Department of Education who have training or experience in educational facilities as determined by the State Personnel Board and the State Board of Education shall administer the require ments and implement the duties of this Code section. The State Board of Education's responsibilities shall include the following: (1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local unit. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; local property assessment for bond pur poses; outstanding school bonds and annual debt service; buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for 2462 JOURNAL OF THE HOUSE, other than instructional programs required by this article, each identified by its cur rent use. Department of Education staff shall review, certify the accuracy of, and approve each local unit's inventory; (2) To adopt policies, guidelines, and standards for the educational facilities survey required of local units. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Georgia Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board, the servicing Cooperative Education Services Agency, and other educational centers and agencies servicing the local board; and individuals deemed unacceptable to the local board. The State Board of Education shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assessment of existing educational facilities; extent of obsolescence of facilities; recom mendations for improvements, expansion, modernization, safety, and energy retrofiting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The State Board of Education shall approve or reject the recommendations of the survey team and shall establish appeal procedures for surveys not accepted. (3) To adopt policies, guidelines, and standards for educational facilities construc tion plans required of local units. Local unit facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educa tional facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofiting; proposed construction projects for the purpose of merging small, inefficient educational facilities, if any; and other construction projects needed to house the instructional program required by provisions of this article; (4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, use, and matters pertain ing or relating to consolidation of schools and educational facilities as may be reason ably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per pupil; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The State Board of Education shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the reno vated facility provides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the pupil capacity of the facility substantially above the capacity for which it was designed; (5) To develop a state-wide needs assessment for purposes of planning and devel oping policies, anticipating state-wide needs for educational facilities, and providing assistance to local units in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics pubr lished by the Department of Human Resources, census data published by the Bureau of the Census, local unit educational facilities and real property inventories, educa tional facilities surveys, average daily attendance projection research, and educational facilities construction plans, and shall reflect the demand areas for capital outlay. In TUESDAY, MARCH 16, 1982 2463 addition, the State Board of Education shall develop a consistent, systematic research approach to average daily attendance projections which will be used in the develop ment of needs within each local unit. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsi bility of the local unit and shall not count toward present or future required local par ticipation; (6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (f), (g), (h), and (i) relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, and consolidation of high schools across system lines are carried out; (7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure compliance with state standards and requirements, and inspect and approve com pleted construction projects financed in whole or in part with state funds, except con struction projects constructed under supervision of the Georgia State Financing and Investment Commission. The State Board of Education may designate selected local units which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of Geor gia State Financing and Investment Commission; (8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; and (9) To provide procedures whereby local units may revise their educational facili ties plans or the priority order of construction projects requested to reflect unforeseen changes which have occurred within three years of the completion of the survey. (d) In the event any local unit of administration enters into a lease contract with the Georgia State Financing and Investment Commission for the use of facilities of the authority or commission pursuant to a commitment by the State Board of Education for future allotments of state capital outlay funds, the State Board of Education, upon receipt of an executed copy of said lease contract, is authorized and directed to pay monthly, quarterly, or annually to the commission such part of such funds to be made available to the local unit of administration under this Code section as may be required to meet the terms of such lease contract. The State Board of Education is empowered and directed to withhold any fund allocations to any local unit of administration for fail ure to comply with any provision of this Code section or policies, guidelines, or stan dards adopted by said board for the purpose of implementing the requirements of this Code section. (e) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (h) and (i), each local unit must meet the following conditions and requirements: (1) Prepare and annually update an educational facilities and real property inven tory in accordance with provisions of subsection (c) of this Code section; (2) Complete a local educational facilities plan. The local educational facilities plan shall be prepared in accordance with provisions of subsection (c). Each proposed con struction project shall be identified according to the purposes for capital outlay funds as provided in subsection (f). Each local unit shall specify the order of importance of all proposed construction projects. Provisions for unhoused students, whether by new construction, renovations, or additions, shall be the highest priority by any local unit. When two or more local units agree on the need for a consolidation project pursuant to subsection (f), the estimated construction cost shall be prorated to the participating local units and included with their identification of needs in accordance with the pro portion of the number of students to be served from each local unit; (3) Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to 2464 JOURNAL OF THE HOUSE, formulate plans for educational facilities to house adequately the instructional pro gram required by this article. Prior to initiating the survey, the local unit must file a written request with the State Board of Education that a survey be done in its behalf and suggesting the individuals who will conduct it. The cost of the survey shall be paid from local funds; (4) Submit requests for capital outlay funds, and provide required local participa tion; (5) Submit proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Education for review and approval in accordance with provisions of subsection (c); and (6) Revise the local educational facilities plan and priority order of requested con struction projects in accordance with provisions of subsection (c). Until July 1, 1984, local units which have not either initiated or completed surveys and construction plans shall be eligible for state capital outlay funds for construction projects as determined by the State Board of Education. (f) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes: (1) To provide construction projects needed because of increased pupil attendance or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educa tional facilities or portions thereof on different sites; (2) To provide construction projects to renovate or modernize educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessi ble, energy deficient, or unsanitary physical environments; (3) To provide construction projects for new additions to existing educational facil ities or relocation of existing educational facilities or portions thereof on different sites in order to house changes in the instructional program required under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local unit; (4) To provide construction projects to merge educational facilities which have fewer pupils than required for the minimum school population by the State Board of Education or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof on different sites; (5) To provide construction projects to combine the total high school pupil popula tions either in grades 7-12, 8-12, or 9-12 across local unit lines. In such projects, there shall be no requirement to include a vocational wing as defined within the comprehen sive high school structure but neither shall such vocational wing be excluded for fund ing purposes; and (6) To reimburse local units of administration for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local unit may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of para graphs (1) through (5) of this subsection have been completed. (g) Effective July 1, 1983, the state and each local unit of administration shall pro vide capital outlay funds for educational facilities in accordance with this subsection as follows: (1) The required local participation shall be 25 percent of the eligible project cost as modified by the local ability index and annual debt service. The local ability index shall be determined by dividing the amount of the local unit's equalized adjusted school property tax digest per resident pupil in average daily attendance by the total amount of the state-wide equalized adjusted school property tax digest per total resi dent average daily attendance. The resulting index shall be multiplied by 25 percent of the cost of the eligible construction project to determine the required local partici pation. A local unit may reduce its required local participation by an amount equal TUESDAY, MARCH 16, 1982 2465 to no more than 75 percent of annual debt service payments of interest and principal on local bonds issued for eligible construction projects. Regardless of the above, no local unit's required local participation shall be less than 10 percent nor greater than 25 percent of the cost of an eligible construction project except as provided in para graph (2) below; and (2) Eligible construction projects for consolidations as determined in subsection (f) shall require no local funds; provided, however, that the state shall participate in no more than 25 percent of the cost of construction projects related to damage to educa tional facilities caused by fire or natural disaster. (h) (1) In order to determine a reasonable total funding level for the purposes stated in subsection (f) above and to establish a fair and equitable distribution of funds to local units of administration, the State Board of Education shall annually determine a level of authorization. For a given fiscal year, the new authorization level may equal zero but shall not exceed $100 million. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $100 mil lion maximum authorization. (2) In setting the annual authorization level, the State Board of Education shall consider any previously authorized but unfunded amounts together with the total esti mate of funds needed for school facilities in the state. Such total state facilities' needs shall be computed by summing the following: (A) The total facility improvement needs included in the most recent five-year educational facilities plan which has been reviewed by a survey team and approved by the State Board of Education. Such needs shall annually be adjusted downward for projects financed by either state or local funds but shall not be adjusted upward except upon approval of a new or revised five-year plan pursuant to subsections (c) and (e); and (B) The sum of the annual debt service payments for the five-year period of the latest survey (that used in subparagraph (A) above), excluding payments for postsecondary facilities, athletic facilities, administrative facilities, or other projects not included in the approved five-year plan pursuant to subsections (c) and (e) above. Such payments shall annually be adjusted downward for any portion used in lieu of required local participation as allowed in subsection (g) and shall be adjusted upward for the remaining portion of the five-year period for increases in the annual debt service payments resulting from local financing of projects covered by the state board approved plan. (3) Each local unit of administration shall be entitled to a portion of the total authorization set by the State Board of Education annually based on the ratio of that local unit's needs as computed in paragraph (2) above to the total of all local units' needs. In addition to the annual entitlement, the local unit is eligible to receive any entitlement accrued from previous years for which state funds have not yet been received. Any change in the method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements. (4) In order to determine the amount of state funds to be requested for a given fiscal year, total new and accrued entitlements must be compared to the state portion of the current cost estimates of the projects approved in the educational facilities plan in priority order. The above comparison shall be made for each of the incremental entitlement levels required in paragraph (1) above. In the event that projects requested for funding exceed the total state entitlements and required local participa tion, local units may elect to contribute additional local funding, provided that the total of all local funding does not exceed 50 percent of the eligible project costs. Local funds contributed in excess of required local participation may be credited toward required local participation in subsequent years, provided that the requested state appropriation for this subsection shall not exceed $100 million annually and, if neces sary, the new entitlement level shall be reduced to comply with this limitation. (5) The final level of entitlements actually authorized by the State Board of Edu cation for a fiscal year shall be that level which is consistent with the appropriations Act for that year. 2466 JOURNAL OF THE HOUSE, (i) Local units may receive state capital outlay funds for construction projects under the advance funding category to meet educational facilities needs due to the following: (1) Extraordinary growth of pupil population in excess of the capacity of existing facilities; (2) Destruction of or damage to educational facilities by fire or due to natural disaster; (3) Replacement of educational facilities which have been certified as hazards to health or safety by the state fire marshal's office or by the Department of Human Resources; (4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation with said combined annual entitlement and required local participation amount estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and (5) Projects for consolidation of high schools across local unit lines when the pro posed project cost exceeds the combined annual entitlements of the participating local units. With the exception of category (2) above, the following conditions must be met to qualify for advanced funding: (A) The local unit has specifically requested funding under this subsection prior to submission of the State Board of Education's annual budget to the General Assembly; (B) Annual' entitlements accrued under subsection (h) have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local units shall be required to offset advanced funding for consolidation projects pursuant to paragraph (5) of subsection (f); (C) The project to be funded is not in addition to projects funded for a given local unit of administration under the provisions of subsection (h) in a given year; and (D) The required local participation and all other procedural requirements of this Code section are met. (j) Appropriations for advanced funding under subsection (i) shall be made sepa rately from subsection (h) for regular entitlements." Section 2. This Act shall become effective on July 1, 1983. Section 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Harrison of the 20th moves to amend the floor substitute to SB 253 by amending page 13 line 26 to read...A local unit may reduce its required local effort by an amount equal to its annual debt service payments of interest and principal on local bonds. And by deleting...line 366 issued for eligible construction projects. 28 through 34 to...except as provided in paragraph (2) below; and. On the adoption of the amendment, the roll call was ordered and the vote was as fol lows: N Aaron N Adams.G N Adams.J N Adams.M Y Aiken N Anderson N Argo Y Auten N Balkcom N Bargeron N Baugh N Beal Y Beck Y Benefield N Benn N Birdsong N Bishop Y Bolster N Branch Bray N Brooks N Buck Y Burruss N Burton N Byrd Y Cason N Castleberry N Chamberlin N Chambless Chance Y Cheeks N Childers N Childs N Clark.B Clark.L N Colbert N Coleman N Collins N Colwell Y Connell N Couch N Cox N Crawford Crosby Culpepper TUESDAY, MARCH 16, 1982 2467 N Cummings Y Darden N Daugherty N DavisJB N Davis,J Y Davi9,L Dean Dent N Dixon N Dobbs Dover N Edwards Y Elliott N Evans N Felton Y Fortune Y Foster N FulIer.C N Galer Y Ginsberg N Glover N Godbee N Greer NHam N Hamilton N Manner Harris Y Harrison Y Hasty N Hawkins NHays Hill Y Holmes N Hooks Y Home N Hutchinson N Irvin YIsakson N Jackson,J N Jackson.N N Jackson.W N Jessup Y Johnson ,G Y Johnson.R N Jones.B Y Jones.H N Karrh NKemp Y Kilgore N Lambert N Lane.D N Lane,R N Lawson YLee N Logan NLong YLord NLowe Lucas N Mangum N Mann Y Marcus Y Martin N Matthews N McCollum N McDonald N McKinney N Miles N Milford N Montgomery Moody N Moore Y Mostiler N Mullinax Y Nicholson YNix Oliver Y Padgett N Parham N Patten N Perry N Peters N Phillips,B N Phillips.L.L N Phillips,R.T N Phillips,W.R Y Pilewicz Y Pinkston N Rainey Y Ralston N Ramsey Y Randall N Reaves N Richardson N Robinson YRose NRoss N Rowland N Russell N Savage N Scott,A N Scott.D N Shepard N Sherrod N Sizemore N Smith.T Smith.V N Smyre On the adoption of the amendment, the ayes were 45, nays 117. The amendment was lost. Snow N Steinberg Y Swann Y Thomas Y Thompson Y Townsend N Triplet! NTuten N Twiggs N Vandiford Y Vaughn N Veazey N Waddle Walker N Wall N Ware N Watson White N Widener N Williams.B.J N Williams,H Y Williams.R Y Wilson Y Wood,J N WcodJ.T N Workman Speaker Murphy The following amendment was read: Representative Harrison of the 20th moves to amend the floor substitute to SB 253 by amending page 13, line 27 to read..."reduce its required local participation to zero if its current annual debt service payments equal an amount equal to or greater than 10% of the annual total eligible project costs." And by deleting lines 28 through 34 to..."except as provided in Paragraph (2) below; and". On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G N Adams.J Y Adams,M Y Aiken N Anderson N Argo Y Auten N Balkcom N Bargeron N Baugh YBeal YBeck Y Benefield YBenn N Birdsong N Bishop Y Bolster N Branch Bray N Brooks YBuck Y Burruss Y Burton NByrd Y Cason N Castleberry N Chamberlin Chambless Chance Y Cheeks Y Childers N Childs Y Clark,B Clark.L Y Colbert N Coleman N Collins N Colwell Y Connell N Couch NCox N Crawford Crosby Culpepper N Cummings Y Darden N Daugherty N Davis.B N Davis,J Y Davis.L YDean Dent Y Dixon N Dobbs Dover N Edwards Y Elliott N Evans Y Felton Y Fortune Y Foster Y Fuller.C N Galer Y Ginsberg Y Glover N Godbee N Greer NHam Y Hamilton N Hanner Harris Y Harrison Y Hasty N Hawkins NHays Hill Y Holmes N Hooks Y Home N Hutchinson N Irvin Y Isakson N Jackson,J Y Jackson.N N Jackson.W N Jessup Y Johnson.G Y Johnson.R N Jones.B Y Jones.H N Karrh NKemp Y Kilgore N Lambert Y Lane.D Y Lane.R N Lawson YLee N Logan N Long NLord YLowe Lucas N Mangum NMann Y Marcus Y Martin N Matthews N McCollum N McDonald Y McKinney N Miles N Milford Y Montgomery Moody N Moore Y Mostiler N Mullinax Y Nicholson YNix Oliver Y Padgett N Parham N Patten Y Perry N Peters N Phillips.B N Phillips,L.L N Phillips.R.T 2468 JOURNAL OF THE HOUSE, N Phillips.W.R N Pilewicz Y Pinkston N Rainey N Ralston N Ramsey Y Randall N Reaves N Richardson N Robinson YRose NRoss N Rowland Y Russell Y Savage Y Scott,A Y Scott,D N Shepard N Sherrod N Sizemore N Smith.T Smith.V Smyre Snow N Steinberg Y Swann Y Thomas Y Thompson Townsend N Triplett NTuten N Twiggs N Vandiford Y Vaughn N Veazey Y Waddle Walker N Wall Ware N Watson White N Widener N Williams.B.J N Williams.H Y Williams.R Y Wilson Y Wood,J N Wood,J.T N Workman Speaker Murphy On the adoption of the amendment, the ayes were 68, nays 91. The amendment was lost. The following amendment was read: Representative Harrison of the 20th moves to amend the floor substitute to SB 253 by amending page 13, line 27 to read: "reduce its required local participation to zero if its current annual debt service pay ments equal an amount equal to no greater than 33% of its annual entitlement." And by deleting lines 28 through 34 to..."except as provided in paragraph (2) below: And..". On the adoption of the amendment, 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 YBeal YBeck Y Benefield NBenn N Birdsong N Bishop Bolster N Branch NBray N Brooks NBuck Y Burruss Y Burton NByrd Y Cason N Castleberry N Chamberlin Chambless Chance Y Cheeks N Childers N Childs Y Clark.B Clark.L N Colbert N Coleman N Collins N Colwell Y Connell N Couch NCox N Crawford Crosby Culpepper N Cummings Y Darden Y Daugherty N Davis,B N Davis,J Y Davis.L Dean Dent N Dixon N Dobbs Dover N Edwards Y Elliott N Evans Y Felton N Fortune Y Foster N Fuller.C N Galer Y Ginsberg N Glover NGodbee NGreer NHam N Hamilton N Hanner Harris Y Harrison N Hasty N Hawkins NHays Hill N Holmes N Hooks N Home N Hutchinson N Irvin Y Isakson N Jackson.J Y Jackson.N N Jackson.W N Jessup Y Johnson,G Y Johnson.R N Jones,B Y Jones.H N Karrh NKemp Y Kilgore N Lambert N Lane,D N Lane.R N Lawson YLee N Logan N Long NLord YLowe Y Lucas N Mangum N Mann Y Marcus Y Martin N Matthews McCollum N McDonald N McKinney N Miles N Milford N Montgomery Moody N Moore Y Mostiler N Mullinax Y Nicholson YNix Oliver Y Padgett N Parham N Patten N Perry N Peters N Phillips.B N Phillips.L.L Y Phillips.R.T N Phillips.W.R Y Pilewicz Y Pinkston N Rainey N Ralston N Ramsey Y Randall N Reaves N Richardson N Robinson YRose NRoss N Rowland N Russell On the adoption of the amendment, the ayes were 54, nays 106. The amendment was lost. Y Savage Y Scott,A Y Scott.D N Shepard N Sherrod N Sizemore N Smith.T Smith.V Smyre Snow N Steinberg Y Swann Y Thomas Y Thompson Y Townsend N Triplett NTuten N Twiggs N Vandiford Y Vaughn N Veazey Y Waddle Walker Y Wall N Ware N Watson White N Widener Y Williams.B.J N Williams.H Y Williams.R Y Wilson Y Wood.J N Wood,J.T N Workman Speaker Murphy TUESDAY, MARCH 16, 1982 2469 The following amendment was read: Representative Harrison of the 20th moves to amend the floor substitute to SB 253 by amending page 13, line 31, after the word "projects". "A local unit's required local par ticipation may be paid from a local unit's school bond tax levies". On the adoption of the amendment, the roll call was ordered and the vote was as fol lows: N Aaron Y Adams.G N Adams,J N Adams.M Y Aiken N Anderson NArgo Y Auten N Balkcom Y Bargeron N Baugh NBeal N Beck Y Benefield YBenn N Birdsong N Bishop Y Bolster N Branch NBray Y Brooks N Buck / Y Burruss N Burton NByrd YCason N Castleberry N Chamberlin N Chambless Chance N Cheeks N Childers N Childs N Clark,B Clark,L N Colbert N Coleman N Collins N Colwell Y Connell N Couch YCox N Crawford N Crosby Culpepper N Cummings Y Darden N Daugherty N Davis,B N Davis,J Y Davis.L YDean Dent N Dixon N Dobbs Dover N Edwards N Elliott N Evans N Felton N Fortune Y Foster N Fuller.C N Galer Y Ginsberg N Glover NGodbee N Greer NHam Hamilton N Hanner Harris Y Harrison N Hasty N Hawkins NHays Hill Y Holmes N Hooks Y Home N Hutchinson N Irvin Y Isakson N Jackson,J N Jackson.N N Jackson.W N Jessup Y Johnson.G N Johnson,R N Jones,B N Jones.H N Karrh NKemp Y Kilgore N Lambert N Lane.D N Lane,R N Lawson YLee N Logan NLong NLord NLowe Y Lucas N Mangum N Mann Y Marcus Y Martin N Matthews McCollum N McDonald N McKinney N Miles N Milford N Montgomery Moody N Moore N Mostiler N Mullinax Y Nicholson YNix Oliver N Padgett N Parham N Patten N Perry N Peters N Phillips.B N Phillips.LX Y Phillips,R.T Phillips.W.R N Pilewicz Y Pinkston N Rainey N Ralston N Ramsey Y Randall N Reaves N Richardson N Robinson YRose NRoss N Rowland N Russell Y Savage Y Scott,A Y Scott,D N Shepard N Sherrod N Sizemore N Smith.T Smith.V Smyre Snow N Steinberg Y Swann Y Thomas Y Thompson Y Townsend N Triplett N Tuten NTwiggs N Vandiford Y Vaughn N Veazey N Waddle Walker Y Wall N Ware N Watson White N Widener N Williams,B.J Williams.H N Williams.R Y Wilson N WoodJ N Wood,J.T N Workman Speaker Murphy On the adoption of the amendment, the ayes were 43, nays 118. The amendment was lost. On the adoption of the Committee substitute, as amended, the roll call was ordered and the vote was as follows: N Aaron N Adams.G N AdamsJ N Adams.M Aiken N Anderson NArgo N Auten Y Balkcom N Bargeron N Baugh NBeal N Beck N Benefield NBenn N Birdsong Y Bishop N Bolster Y Branch NBray N Brooks Y Buck N Burruss N Burton NByrd Y Cason N Castleberry N Chamberlin Y Chambless Chance N Cheeks N Childers N Childs N Clark,B Clark.L N Colbert N Coleman N Collins N Colwell N Connell N Couch YCox Y Crawford Crosby Culpepper N Cummings N Darden N Daugherty Y Davis,B N Davis,J N Davis,L N Dean Dent Y Dixon Y Dobbs N Dover Y Edwards N Elliott Y Evans N Felton N Fortune Y Foster N Fuller.C Y Galer N Ginsberg N Glover Y Godbee Y Greer NHam N Hamilton N Hanner N Harris N Harrison N Hasty N Hawkins NHays Hill N Holmes N Hooks N Home N Hutchinson N Irvin N Isakson N Jackson,J Y Jackson.N Y Jackson.W N Jessup N Johnson.G N Johnson.R Y Jones.B 2470 JOURNAL OF THE HOUSE, N Jones,H YKarrh YKemp N Kilgore N Lambert NLane,D NLane,R N Lawson NLee N Logan N Long YLord N Lowe Y Lucas N Mangum YMann N Marcus Y Martin Y Matthews Y McCollum N McDonald N McKinney Y Miles Y Milford N Montgomery Moody Y Moore Y Mostiler N Mullinax N Nicholson NNix Oliver N Padgett N Parham N Patten N Perry N Peters N Phillips.B Y Phillips,L.L Y Phillips,R.T Y Phillips,W.R N Pilewicz N Pinkston N Rainey Y Ralston N Ramsey N Randall N Reaves N Richardson N Robinson YRose YRoss Y Rowland N Russell N Savage Y Scott,A N Scott,D Y Shepard N Sherrod Y Sizemore Y Smith,T Smith.V Y Smyre Snow N Steinberg N Swann N Thomas N Thompson N Townsend N Triplett YTuten N Twiggs N Vandiford N Vaughn N Veazey N Waddle Walker Y Wall N Ware N Watson White N Widener N Williams,B.J N Williams.H Y Williams.R N Wilson N Wood,J N Wood,J.T N Workman Speaker Murphy On the adoption of the Committee substitute, as amended, the ayes were 47, nays 119. The Committee substitute, as amended, was lost. The floor substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams,M Y Aiken Y Anderson YArgo N Auten Y Balkcom Y Bargeron Y Baugh YBeal NBeck N Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray N Brooks YBuck Y Burruss Y Burton NByrd NCason Y Castleberry Y Chamberlin Y Chambless Chance N Cheeks Y Childers Y Childs Y Clark.B Clark.L N Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Y Daugherty Y Davis.B Y Davis,J N Davis,L YDean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans N Felton Y Fortune Y Foster Y Fuller.C Y Galer N Ginsberg Y Glover Y Godbee Y Greer NHam Y Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill N Holmes Y Hooks N Home N Hutchinson Ylrvin Y Isakson Y Jackson.J Jackson.N N Jackson,W Y Jessup N Johnson.G N Johnson ,R Y Jones.B Jones,H YKarrh NKemp Y Kilgore Y Lambert N Lane.D Y LaneJR Y Lawson NLee Y Logan YLong NLord NLowe Y Lucas Y Mangum YMann Y Marcus N Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham N Patten N Perry Y Peters Y Phillips,B Y Phillips.L.L N Phillips,R.T Y Phillips,W.R N Pilewicz N Pinkston Y Rainey Y Ralston Y Ramsey Y Randall N Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell N Savage N Scott,A Y Scott,D Y Shepard N Sherrod Y Sizemore Y Smith,T Smith.V Y Smyre Snow Y Steinberg Y Swann Y Thomas Y Thompson N Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn N Veazey Y Waddle Walker NWall Y Ware Y Watson White Y Widener Y Williams,B.J N Williams.H Y Williams,R Y Wilson N Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, by substitute, the ayes were 129, nays 38. The Bill, having received the requisite constitutional majority, was passed, by substitute. TUESDAY, MARCH 16, 1982 2471 Representative Jones of the 126th stated that he had been called from the floor of the House during the preceding roll call and requested that he be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has disagreed to the House amendments to the following Bill of the Sen ate: SB 506. By: Senator Land of the 16th: A BILL to amend Code Section 40-5-63 of the Offi cial Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to change the period of suspension in cases where a person in violation of Code Section 40-5-55 is the operator of a motor vehicle which is involved in an accident in which any person is killed; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1236. By: Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th, and Harris of the 8th: A BILL to make and provide appropriations for the fiscal year beginning July 1, 1982, and ending June 30, 1983; and for other purposes. Representative Vaughn of the 57th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1236 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Harris of the 8th, Vaughn of the 57th, and Collins of the 144th. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 655. By: Senator Kidd of the 25th: A BILL to amend Code Section 24-2823, relating to sheriffs fees, so as to change certain fees of the sheriffs; to amend the Offi cial Code of Georgia Annotated accordingly; to provide for automatic repeal of certain provisions of this Act; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo N Auten Y Balkcom Bargeron Y Baugh Beal Y Beck Y Benefield N Benn Y Birdsong Y Bishop Y Bolster Y Branch Y Bray 2472 JOURNAL OF THE HOUSE, Brooks Buck Y Burruss Y Burton YByrd N Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childere N Childs Y Clark,B Clark,L Y Colbert Y Coleman Y Collins Y Colwell N Connell Y Couch YCox Y Crawford Y Crosby Cul pepper Cummings Y Darden Y Daugherty Y Davis.B Y Davis,J Y Davis,L Dean Dent Y Dixon YDobbs Y Dover Edwards Y Elliott Y Evans Y Felton Fortune Y Foster N Fuller.C Galer Y Ginsberg Glover Y Godbee Y Greer YHam Y Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks N Home Y Hutchinson Ylrvin Y Isakson Y Jackson,J Y Jackson.N Y Jackson, W Y Jessup Y Johnson ,G Y Johnson,R Y Jones.B Jones,H Y Karrh YKemp Y Kilgore Y Lambert YLane.D N Lane,R Y Lawson YLee Y Logan YLong YLord YLowe Y Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Milford Y Montgomery Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips,B Phillips,L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell N Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Smith.T Smith.V Smyre YSnow Y Steinberg Swann Thomas Y Thompson N Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.B.J Williams.H Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 130, nays 10. The Bill, having received the requisite constitutional majority, was passed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 1236. By: Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th, and Harris of the 8th: A BILL to make and provide appropriations for the fiscal year beginning July 1, 1982, and ending June 30, 1983; and for other purposes. The President has appointed on the part of the Senate the following: Senators Holloway of the 12th, Broun of the 46th, and Allgood of the 22nd. Pursuant to the provisions of HR 847, adopted by the House and Senate, the Speaker announced the House adjourned until 10:00 o'clock, A.M., Monday, March 22, 1982. MONDAY, MARCH 22, 1982 2473 Representative Hall, Atlanta, Georgia Monday, March 22, 1982 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Aaron Adams,G Adams,J Adams.M Aiken Anderson Argo Auten Balkcom Bargeron Baugh Beal Beck Benefleld Benn Birdsong Bishop Bolster Branch Bray Brooks Buck Burruss Burton Byrd Cason Castleberry Chain berlin Chambless Chance Cheeks Childers Childs Clark,L Colbert Coleman Collins Colwell Connell Couch Cox Crawford Crosby Cutpepper Cummings Darden Daugherty Davis,B Davis.J Davis.L Dean Dent Dixon Dobbs Dover Edwards Elliott Evans Fortune Foster Fuller.C Galer Ginsberg Glover Godbee Greer Ham Hamilton Hanner Harris Harrison Hasty Hawkins Hays Hill Holmes Hooks Home Hutchinson Irvin Isakson Jackson,J Jackson.N Jackson,W Jessup Johnson.G Johnson,R Jones.B Jones.H Karrh Kemp Kilgore Lambert Lane.D Lane.R Lawson Lee Logan Long Lord 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 Ralston Ramsey Randall Reaves Richardson Robinson Rose Rowland Russell Scott,A Scott,D Shepard Sherrod Sizemore Smith.T Smyre Snow Steinberg Swann Thompson Townsend Triplett Tuten Twiggs Vandiford Vaughn Veazey Waddle Walker Wall Ware Watson White Widener Williams.B.J Williams.H Williams.R Wilson Wood,J Wood,J.T Workman Speaker Murphy Prayer was offered by Wright Culpepper, Associate Director, Epworth-By-The-Sea, The Methodist Center, Sea Island, 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. 2474 JOURNAL OF THE HOUSE, 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1969 HB 1970 HB 1971 HR 846 SR 339 SR 342 Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Recreation, submitted the following report: Mr. Speaker: Your Committee on Game, Fish & Recreation has had under consideration the follow ing Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 596 Do Pass, by Substitute Respectfully submitted, Rainey of the 135th Chairman Representative Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 521 Do Pass, by Substitute SB 567 Do Pass SB 579 Do Pass, by Substitute SB 684 Do Pass, by Substitute SB 607 Do Pass, as Amended SB 661 Do Pass SB 142 Do Pass, by Substitute SB 564 Do Pass SB 522 Do Pass SB 746 Do Pass SB 763 Do Pass, by Substitute Respectfully submitted, Walker of the 115th Vice-Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1303 Do Pass, as Amended HB 1707 Do Pass, by Substitute HB 1811 Do Pass HB 1840 Do Pass, as Amended HB 1941 Do Pass, by Substitute HB 1942 Do Pass MONDAY, MARCH 22, 1982 2475 HB 1943 Do Pass HB 1944 Do Pass HB 1945 Do Pass HB 1946 Do Pass HB 1947 Do Pass HB 1948 Do Pass HB 1949 Do Pass TM 950 Do Pass HB 1951 Do Pass HHBR 1199V52? DDoo PPaassss HB 1956 DoSst HB 1957 Do Pass HB 1958 Do Pass HB 1959 Do Pass HB 1960 Do Pass HB 1961 Do Pass HB 1962 Do Pass HB 1963 Do Pass HB 1964 Do Pass HB 1965 Do Pass HB 1966 Do Pass HB 1967 Do Pass HB 1968 Do Pass HR 718 Do Pass, by Substitute HR ?74 Do Pass' HR 77 - n p H,,R 81126. Difo P^ass HR 828 Do Pass, by Substitute ^R ^5 ^ Pass> M Amended SB 458 Do Pass, by Substitute SB 654 Do Pass SB 726 Do Pass SR 38 Do Pass SR 309 Do Pass Respectfully submitted, Adams of the 36th Chairman Representative Dixon of the 151st District, Chairman of the Committee on Temper ance, submitted the following report: Mr. Speaker: Your Committee on Temperance has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 656 Do Pass, by Substitute Respectfully submitted, Dixon of the 151st Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, MARCH 22, 1982 Mr. Speaker and Members of the House: The Committee on Rules, in session assembled, has fixed the calendar for this day's business, March 22, 1982, as enumerated below: HR 728 Post Secondary Voc. Tech. Ed. Funding, Committee SB 312 Insurance, Contracts, Plain Language SB 499 Nursing Board of; Termination SB 502 Barbers, State Board; Termination SB 593 Insurance: Prohibit Abrogation: Approved Policies SB 604 Board of Medical Examiners, Termination SB 642 Controlled Substances, Forfeitures SB 660 Georgia Educational Improvement Council, Name SB 667 Speed Limit, Construction Site SB 685 Municipal Election Code, Certified List 2476 JOURNAL OF THE HOUSE, SB 689 Elections, Chief Deputy Registrars, Appointment SB 701 Probate Court Judge, Courts of Inquiry SB 720 Probation, Controlled Substances Act Violations SR 120 Convey Property, Warm Springs SR 250 Convey Property, Habersham County SR 281 Convey Property, Baldwin County SR 310 Motor Vehicle Safety Week, Establish ALL COMPENSATION RESOLUTIONS APPROVED BY THE APPROPRIATIONS COMMITTEE Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully Submitted, /s/ Lee of the 72nd Chairman By unanimous consent, all House Bills and Resolutions passed or adopted today were ordered immediately transmitted to the Senate. By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: HB 1303. By: Representative Greer of the 43rd: A BILL to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county, so as to provide that individuals employed by the Fulton County Department of Family and Children Services after a certain date shall not be authorized to participate in the pension fund established by said Act; and for other purposes. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 1303 as follows: On page 2, beginning on line 7, after the word "County.", delete the following: "Any person employed by the Fulton County Department of Family and Children Services prior to the effective date of this section may continue to participate in the pension fund established by this Act, or by written notice filed with the executive secretary of the pension board, renounce any and all further right to participate in said pension fund. In the event such renunciation is filed, the pension board shall transfer the con tributions made by such participant to the Employee's Retirement System of Georgia, in the event that the individual shall continue in the employment of the Fulton County Department of Family and Children Services. In the event that such employ ment shall be terminated, a refund shall be made of such contributions in accordance with the provisions of this Act, as amended," The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1357. By: Representatives Williams and Foster of the 6th: A BILL to amend an Act incorporating the City of Dalton, so as to revise and consolidate MONDAY, MARCH 22, 1982 2477 comprehensively the "Mayor and Council of the City of Dalton Employees' Pension Plan"; and for other purposes. The following substitute, offered by Representatives Williams and Foster of the 6th, was read and adopted: A BILL To amend an Act incorporating the City of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 2744), an Act approved February 11, 1977 (Ga. L. 1977, p. 2601), and an Act approved March 18, 1980 (Ga. L. 1980, p. 3242), so as comprehensively to revise and con solidate and to restate comprehensively the "Mayor and Council of the City of Dalton Employees' Pension Plan"; to provide that certain changes shall become effective on a date certain; to change the eligibility requirement for participation in said pension plan; to eliminate long-term disability and death benefits under said pension plan; to define actuarial equivalency; to provide application and enrollment requirements for participation in said pension plan; to define severance from service of an Employer under said pension plan; to clarify the meaning of various provisions of said pension plan including who is an "Employer," the cost-of-living adjustment, the normal form of benefit, basic monthly earnings, continuous service, and spousal annuity; to provide for other matters relative thereto; to provide legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 2744), an Act approved February 11, 1977 (Ga. L. 1977, p. 2601), and an Act approved March 18, 1980 (Ga. L. 1980, p. 3242), is amended by renumbering Section 1 of said 1974 amendatory Act, as amended, as Section 1A and by striking Section 2 through Section 25 of said 1974 amendatory Act, as amended, and substituting in lieu thereof the following: "Section 1. Definitions. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meanings indicated: 1.01. 'Employer' shall mean whichever of the Mayor, the Council, the Civil Service Commission, the Water Light and Sinking Fund Commission, or the Recreation Com mission of the City of Dalton shall exercise direction and control over the participant at the time of reference, and 'City' shall mean the Mayor and the Council of the City of Dalton. 1.02. 'Board' shall mean the Board of Trustees of the Mayor and Council of the City of Dalton Employees' Pension Plan, established in accordance with Section 10.04. 1.03. 'Plan' shall mean the 'Mayor and Council of the City of Dalton Employees' Pension Plan' as herein amended and restated. 1.04. 'Prior Plan' shall mean the Mayor and Council of the City of Dalton Employ ees' Pension Plan, as in effect on June 30, 1982. 1.05. 'Employee' shall mean all persons including the City Clerk employed by an Employer provided, however, that it shall not include the Mayor, Councilmen, Water, Light and Sinking Fund Commissioners, Recreation Commissioners, or Civil Service Commissioners (including, but not limited to the Police and Fire Department Com missioners), nor shall it include any consultant or independent contractor. 1.06. 'Eligible Employee' shall mean any Employee who has satisfied the provisions for participation set forth in Section 2 of this Plan. 1.07. 'Participant' shall mean an Employee or former Employee eligible to partici pate in the Plan. 1.08. 'Contributions' shall mean the Employer contributions made in accordance with Section 9.01 of the Plan as well as the Participant's contributions made in accordance with Section 9.03 of the Plan. 2478 JOURNAL OF THE HOUSE, 1.09. 'Credited Service' shall mean "continuous service" under the Prior Plan as of June 30, 1982, expressed in months of service. For periods after June 30, 1982, it shall mean all months of service beginning with July 1, 1982, determined generally with ref erence to the total period of time which elapses while the Employee is employed with the Employer. 1.10. 'Period of Service' shall mean a period of service commencing on the Employee's employment commencement date and ending on the severance from ser vice date. 1.11. 'Month of Service' shall mean a calendar month during all or part of which the employee shall be engaged as a full-time employee of the Employer. 1.12. 'Employment Commencement Date' shall mean the date on which the Employee first performs services as a full-time employee for the Employer. 1.13. 'Severance from Service Date' shall mean the date on which an Employee ter minates from the employ of Employer for any reason or retires pursuant to provisions of Sections 3, 4 or 5 of this Plan, whichever shall first occur. Severance from service shall not result from any period of absence of an Employee who has obtained a writ ten authorized leave of absence from the Employer pursuant to an established nondiscriminatory policy, whether occasioned by illness or any other reason. 1.14. 'Participation Commencement Date' shall mean the date a Participant first commences participation under the Plan. 1.15. 'Basic Monthly Earnings' shall mean with respect to any Participant the total compensation paid or accrued, including any bonus or deferred compensation for past services or performance, paid or accrued by the Employer for a Plan Year divided by twelve (12). Amounts contributed by the Employer under the Plan and any fringe benefit shall not be considered as compensation. Any bonus or deferred income for past services or performance is not a fringe benefit and is included in total compensa tion for the Plan year paid or deferred. 1.16. 'Effective Date' shall mean (a) January 1, 1967, as to the Prior Plan as amended; and (b) July 1, 1982, as to the Plan herein amended and restated. 1.17. 'Plan Year' shall mean the twelve-month period ending December 31st of each year. 1.18. 'Participant's Contributions with Interest' shall mean as of any date the total of a participant's contributions made after the effective date of the Prior Plan plus accumulated compound interest at the rate of three (3%) percent per annum from the last day of the year in which a contribution is made to the date of reference. 1.19. 'Investment Manager' shall mean any person, firm or corporation who is a reg istered investment adviser under the Investment Adviser's Act of 1940, a bank or an insurance company, and (a) has the power to manage, acquire, or dispose of Plan assets, and (b) who acknowledges in writing his fiduciary responsibility to the Plan. 1.20. 'Contract' shall mean, as of the effective date of this Plan and under the Prior Plan, Group Annuity Contract No. 1515, issued by the Metropolitan Life Insurance Company to the Employer, as amended from time to time, or any other life annuity contract or policy of insurance made or entered or substituted for the foregoing by the Board after the effective date of this Plan. 1.21. 'Prior Benefit' shall mean the Participant's monthly benefit, determined under the provisions of the Plan as it existed prior to July 1, 1982, including any permanent disability, pension or death benefit. 1.22. 'Actuarial Equivalent' shall for all Participants, mean a benefit in accordance with accepted actuarial principles and based on annuity mortality tables deemed cur rent by the Board and adopted by the Board and applied consistently, and interest at the rate selected by the Board as current. 1.23. 'Final Average Earnings' shall mean the average of a Participant's basic monthly earnings during any period of thirty-six (36) consecutive calendar months within the last ten (10) years of Credited Service which produces the highest monthly average. 1.24. 'Pension Benefit' shall mean, as of the date of retirement or termination the monthly retirement benefit of the Participant, equal to the product of (a) multiplied MONDAY, MARCH 22, 1982 2479 by (b), where (a) is Thirteen hundredths (0.13%) percent (.0013) of the Participant's final average earnings, and (b) is the number of continuous months of credited service by the Participant to the normal retirement date; 1.25. 'Beneficiary' shall mean the person(s) designated by the Participant in accord ance with Section 6.03 or its predecessor provision(s) under the Prior Plan, who is or are entitled to receive benefits after the death of a Participant under the terms of the Plan. 1.26. 'Plan Actuary' shall mean an individual who is an enrolled actuary, or shall mean a company having as employees one or more enrolled actuaries. If the Plan Actuary is a company, such company shall designate, in writing to the Board, the indi vidual enrolled actuary who is responsible for the actuarial services to be provided to the Plan. 1.27. 'Plan Assets' shall mean all property of any kind held by the Board at the time of reference pursuant to the provisions of the Plan together with any income accruing thereon. Section 2. Eligibility and Participation. 2.01. Participation of Participants Under Prior Plan. Each Employee in the employ of the Employer on June 30, 1982, who was a Participant in the Prior Plan as of such date, shall continue to participate herein in accordance with the provisions hereof. Former employees who are Participants and who are receiving or are entitled to receive a nonforfeitable benefit under the terms of the Prior Plan shall continue to receive or shall receive said Prior Benefit in accordance with the provisions of the Prior Plan. 2.02. Eligibility Requirements for Employees Employed Before July 1, 1982. Each Employee in the employ of the Employer on June 30, 1982, shall be eligible to participate in accordance with the eligibility for participation provisions of the Prior Plan. The maximum age condition for such employee shall be that provided under the Prior Plan. 2.03. Eligibility Requirements for Employees Employed on or After July 1, 1982. (i) Each Employee employed by the Employer on or after July 1, 1982, who has com pleted six (6) continuous months of service and has reached his twenty-fifth (25) birth day, shall be eligible to participate in the Plan and shall enter the Plan as a Participant as of the first (1st) day of the month coincident with or immediately following his satis fying such requirements. (ii) In order to become a Participant hereunder, each Employee must make applica tion to the Employer for participation in the Plan and agree to the terms hereof. Mak ing of said application shall apply to a Participant eligible under Sections 2.01 and 2.02 as well as Section 2.03 hereof. In the event any Employee fails to file such application, the Employer may file such application on behalf of such Employee on a nondiscriminatory basis. Upon the acceptance of any benefits under this Plan, such Employee shall automatically be bound by the terms and conditions of this Plan and all amendments hereto. 2.04. Maximum Age for Employees Newly Employed on or after July 1, 1982. Notwithstanding the foregoing subsection 2.03, however, any Employee who has reached the age of fifty (50) years as of the date he satisfies the eligibility requirement under Section 2.03 shall be excluded from participation in the Plan. 2.05. Participation of Persons Entitled to Prior Benefits. Any person who has been a participant in the Prior Plan and who became entitled to Prior Benefits shall continue to participate in the Plan as a recipient of the Prior Benefits as provided under the Prior Plan. 2.06. Determination of Eligibility. The Board shall determine the eligibility of each Employee for participation in the Plan based upon information furnished by the Employer. Such determination shall be conclusive and binding upon all persons, as long as the same is made in accordance with the terms of this Plan and applicable federal and state pension statutes, provided such determination shall be subject to review as provided in Section 10.05. 2480 JOURNAL OF THE HOUSE, 2.07. Plan Participation Does Not Affect Employer's Right to Discharge. Participation in the Plan shall not give any Employee the right to be retained in the Employer's employ or to interfere with the right of the Employer to discharge any Employee at any time. Section 3. Normal Retirement. Normal retirement under the Plan is retirement from the employ of the Employer on the Normal Retirement Date. In the event of nor mal retirement, payment of the pension benefit shall be governed by the following provi sions of this section. 3.01. Normal Retirement Date. The Normal Retirement Date of a Participant shall at the election of the Participant be one of the following: (1) the first day of the month coincident with or immediately following the date he attains his 65th birthday, (2) the first day of the month coincident with or immediately following the completion of both (a) three hundred (300) continuous months of service, and (b) attainment of age 55, or (3) the first day of the month coincident with or immediately following the com pletion of three hundred sixty (360) continuous months of service. 3.02. Amount of Retirement Benefit. The pension benefit payable to a Participant who retires on his Normal Retirement Date shall be in an amount equal to the product of: (a) Thirteen hundredths (0.13%) percent of the Participant's final average earnings, and (b) the number of continuous months of service by the Participant to the normal retirement date. 3.03. Payment of Pension Benefit. The pension benefit payable in the event of a Participant's retirement on his normal retirement date shall be payable in advance on the first day of each month with the first payment due on the Participant's normal retirement date. The pension benefit shall be paid during the life of the Participant and for a period of one hundred twenty (120) months certain and continuous from the Participant's normal retirement date. In the event of the Participant's death within a period of one hundred twenty (120) months after his retirement date, the same pension benefit shall be payable for the remainder of the one hundred twenty (120) month period to the Participant's designated beneficiary as provided in Section 6.03 hereof. If the deceased Participant shall have a qualifying spouse as defined in Section 6.01 hereof, a monthly survivor benefit payment equal to fifty-five (55%) percent of the pen sion benefit shall be payable to said qualifying spouse during said qualifying spouse's lifetime. This survivor benefit to said qualifying spouse shall be paid in advance on the first day of each month with the first payment due on the first day of the month coinci dent with or following the one hundred twenty (120) month period from the deceased Participant's retirement date. 3.04. Death of Participant-Employee After Reaching Earlier But Prior to Reaching Latest Normal Retirement Date. (i) Since a participant may have three possible normal retirement dates under Sec tion 3.01, any Participant in the employ of Employer beyond earlier possible normal retirement date(s) but before reaching the latest possible normal retirement date shall not be considered to be subject to the provisions of Section 5 on late retirement. (ii) In the event of the retirement, death, or termination for any reason, whether due to disability or otherwise, of a Participant who remains employed after reaching earlier normal retirement date(s) provided in Section 3.01, but prior to reaching the latest nor mal retirement date provided, said Participant shall be deemed to have attained normal retirement on the first day of the month coincident with or immediately following said Participant's actual retirement, death, or termination for any reason and the provisions of Section 3.02 and 3.03 hereof shall be applied in accordance herewith. 3.05. Election of Fixed Monthly Benefit Under Prior Plan. A Participant who has made the irrevocable election or prior to retirement elects under Sections 6(b) and (c) of the Prior Plan (Ga. L. 1974, p. 2744, as amended) the fixed monthly retirement benefit of one hundred ($100) dollars per month payable during the Participant's life upon the Participant attaining age 65 or completing twenty-five (25) years of continuous service, shall be entitled only to said elected benefit and Sections 3.01, 3.02, and 3.03 hereof are not applicable to said electing Participant. The irrevocable election provided in the foregoing paragraph shall be made on a form prescribed by the Board and only those Participants under the Prior Plan covered under MONDAY, MARCH 22, 1982 2481 the pension provisions of Ga. L. 1945, p. 593, as amended, are eligible to make such elec tion. Section 4. Early Retirement. A Participant may elect to retire on an early retire ment date. Early retirement shall be governed by the following provisions of this section. 4.01. Early Retirement Date Defined. Early retirement under the Plan is retire ment from the employ of the Employer, (a) prior to normal retirement date and (b) after the Participant has reached his 50th birthday and has at least one hundred eighty (180) continuous months of service. The Participant's early retirement date is the first (1st) day of the month coincident with or immediately following the day of the Participant's actual retirement after meeting the requirements for early retirement set forth in the preceding sentence. 4.02. Amount of Early Retirement Benefit. The early retirement benefit payable in the event of early retirement shall be in the amount and payable as follows: A monthly benefit equal to the product of (a) multiplied by (b) where (a) is an amount equal to thirteen hundredths (0.13%) percent (.0013) of the Participant's final average earnings and (b) is the number of continuous months of continuous service of the Participant to his date of retirement with said product reduced by the actuarial equivalent as provided under Section 1.22 hereof. Said monthly benefit shall commence immediately upon the Participant's early retirement with the first monthly benefit payment due on his early retirement date. Payment of said monthly early retirement benefit shall be made in advance on the first day of each month. The early retirement monthly benefit shall be paid during the life of the Participant and for a period of one hundred twenty (120) months cer tain and continuous from the Participant's early retirement date. In the event of the Participant's death within a period of one hundred twenty (120) months of his early retirement date, the same monthly early retirement benefit shall be payable for the remainder of the one hundred twenty (120) month period to the Participant's designated beneficiary as provided in Section 6.03 hereof. If the deceased Participant shall have a qualifying spouse as defined in Section 6.01 hereof, a monthly survivor benefit payment equal to fifty-five (55%) percent of the pension benefit shall be payable to said qualifying spouse during said qualifying spouse's lifetime. This sur vivor benefit to said qualifying spouse shall be paid in advance on the first day of each month with the first payment due on the first day of the month coincident with or following the one hundred twenty (120) month period from the deceased Participant's early retirement date. 4.03. Early Retirement Not Applicable to Those Electing Under Section 3.05. The election for early retirement provided in Section 4 of the Plan shall not be applicable to any Participant making the irrevocable election referred to in Section 3.05 hereof. Section 5. Late Retirement. 5.01. Late Retirement Defined. In the event of retirement of the Participant after reaching his normal retirement date at age sixty-five (65), which is known as late retire ment, no benefit will be paid to the Participant until he actually retires. Further, a Par ticipant may not accrue any additional pension benefit by working beyond his normal retirement date at age 65 and said Participant shall be entitled to receive beginning at his late retirement date only the actuarial equivalent of the pension benefit which he would have received beginning on his normal retirement date at age 65. The late retire ment date shall be the first day of the month coincident with or following the date of retirement of a Participant who has continued in the employ of the Employer beyond his normal retirement date at age sixty-five (65). 5.02. Benefit Payable with Late Retirement. The retirement benefit commenc ing at late retirement date shall be the actuarial equivalent of the benefit the Partici pant would have received at his normal retirement date at age sixty-five (65). The pension benefit payable in the event of a Participant's late retirement date shall be pay able in advance on the first day of each month with the first payment due on the Participant's late retirement date. The pension benefit shall be paid during the life of the Participant and for a period of one hundred twenty (120) months certain and con tinuous from the Participant's late retirement date. In the event of the Participant's 2482 JOURNAL OF THE HOUSE, death within a period of one hundred twenty (120) months of his late retirement date, the same pension benefit shall be payable for the remainder of the one hundred twenty (120) month period to the Participant's designated beneficiary as provided in Section 6.03 hereof. If the deceased Participant shall have a qualifying spouse as defined in Section 6.01 hereof, a monthly survivor benefit payment equal to fifty-five (55%) percent of the pen sion benefit shall be payable to said qualifying spouse during said qualifying spouse's lifetime. This survivor benefit to said qualifying spouse shall be paid in advance on the first day of each month with the first payment due on the first day of the month coinci dent with or following the one hundred twenty (120) month period from the deceased Participant's late retirement date. 5.03. Death Before Late Retirement Date. If a Participant dies after reaching his normal retirement date at age sixty-five (65) but before his late retirement date, then for purposes of receiving his late retirement benefit such deceased Participant shall be deemed to have retired on the day immediately preceding his date of death. Section 6. Qualifying Spouse Defined: When Qualifying Spouse Deemed Beneficiary. 6.01. Qualifying Spouse Defined. The term 'qualifying spouse' for purposes of this Plan shall mean the surviving spouse of the Participant who has been legally married to the Participant for a period greater than one (1) year immediately preceding the date of Participant's death. 6.02. Qualifying Spouse Deemed Beneficiary Where No Beneficiary Desig nation Made. If a Participant with a qualifying spouse has not made a beneficiary des ignation as hereinafter provided in Section 6.03 (i), said qualifying spouse shall be deemed the Participant's beneficiary for purposes of any benefits under this Plan. 6.03. Designation of Beneficiaries. (i) Each Participant shall designate a Beneficiary to receive the benefits, if any, which may be payable in the event of his death, pursuant to the provisions of Section 3.03, 4.03, 5.02, and 8.02. Such designation shall be made in writing by the Participant on a form provided by the Employer. The Participant may change his designation from time to time by filing the proper change of beneficiary form with the Employer, and each properly executed change of beneficiary form shall revoke all prior designations by the Participant. In the event a Participant has designated a Beneficiary under the Contract prior to July 1, 1982, but has not designated a Beneficiary pursuant to this Section, the Beneficiary designated under the Contract shall be deemed to be the Beneficiary designated under this section. (ii) If the Beneficiary designated by the Participant does not survive the Participant, the Board shall direct the payment of such benefits to a 'deemed beneficiary' in the fol lowing order to: (a) the qualifying spouse of the deceased Participant, if living; otherwise to (b) the descendants of the deceased Participant, per stirpes; or, if none, to (c) the legal representative of the estate of the deceased Participant. (iii) In the event of the death of a Beneficiary who survives the Participant and who, at his or her death, is receiving the benefits as described in Section 6.03 (i), the remain ing benefits payable shall be paid first to any surviving contingent beneficiary desig nated by the Participant to receive such benefits or, if no person was so designated, then to the descendants of the Participant, per stirpes; provided, however, that if no such person be living upon the occurrence of such contingency, the benefits, if any, shall be payable to (a) the qualifying spouse of the deceased Participant, if living; otherwise, to (b) the legal representative of the estate of the deceased beneficiary. (iv) In the event the Board is uncertain as to direction of the payments hereunder, the Board may elect to have a Court of applicable jurisdiction determine to whom pay ments should be made. Section 7. Cost-of-Living Adjustment. 7.01. Benefits Subject to Adjustment. The benefit payable to a Participant, any beneficiary, and qualifying spouse under Sections 3.03, 4.03, 5.02, and 8.02 hereof shall be subject to an annual cost-of-living adjustment as provided in Section 7.02 hereof. 7.02. Amount of Adjustment. Any of the benefit payments set forth in Section 7.01 hereof shall be increased on an annual basis at the beginning of each Plan Year unless MONDAY, MARCH 22, 1982 2483 the Board shall by resolution determine not to make said adjustment by an amount equal to four (4%) percent of the monthly benefit determined as of the date that monthly benefit commenced. The application of this cost-of-living adjustment is illus trated by the table set forth in Section 7.03 hereof. 7.03. Illustration of Cost-of-Living Adjustment. *Assume benefit commences in Plan Year of reference #1. **Any adjustment is poten tially subject to waiver of cost of-living by the Board. Table Shows Cost-of-Living Adjustment per $100 of Initial Monthly Benefit * Plan Year of Reference Initial Monthly Benefit ** Percentage Adjustment ** Amount of Adjustment Monthly Benefit after Adjustment 1 $100 - -- -- 2 $100 4% $4.00 $104.00 3 $100 4% $4.00 $108.00 4 $100 4% $4.00 $112.00 5 $100 4% $4.00 $116.00 6 $100 4% $4.00 $120.00 7 $100 4% $4.00 $124.00 8 $100 4% $4.00 $130.00 9 $100 4% $4.00 $134.00 10 $100 4% $4.00 $138.00 11 $100 4% $4.00 $142.00 etc. Section 8. Termination of Employment Before Retirement. 8.01. Termination prior to 180 Months of Credited Service. Any Participant whose employment with the Employer terminates prior to his normal retirement date for any reason other than early retirement and whose severance from service date is prior to his completion of one hundred eighty (180) continuous months of credited service with the Employer during his period of service shall not be vested in any pension benefit hereunder but shall be vested at all times in and shall be entitled to receive in one (1) lump sum the Participant's contributions with interest as provided in Section 1.18 hereof. Said lump sum shall be payable within six (6) months of the severance from ser vice date. 8.02. Termination after Completion of 180 Months of Credited Service. (i) A Participant whose employment with the Employer terminates prior to his nor mal retirement date for any reason other than early retirement and whose severance from service date is after his completion of at least one hundred eighty (180) continuous months of credited service during his period of service, shall be entitled to a pension benefit, commencing on the first day of the month coincident with or next following the Participant's reaching his 65th birthday, provided he is then alive. (ii) The pension benefit to which said Participant shall be entitled under Section 8.02 (i) shall be that amount as provided in Section 1.24 hereof and shall be payable commencing on the first day of the month coincident with or following said Participant's reaching his 65th birthday and in advance on the first day of each month during his lifetime. Said pension benefit shall be paid during the life of the Participant and for a period of one hundred twenty (120) months certain and continuous from the Participant's reaching his 65th birthday. In the event of the Participant's death within a period of one hundred twenty (120) months of reaching his 65th birthday the same pension benefit shall be payable for the remainder of the one hundred twenty (120) month period to the Participant's designated beneficiary as provided in Section 6.03 hereof. 2484 JOURNAL OF THE HOUSE, (iii) Alternatively, said Participant may elect in writing on a form designated by the Board to waive his right to receive said pension benefit provided in Section 8.02 (ii) hereof and receive in one (1) lump sum payment the Participant's contributions with interest as provided in Section 1.18 hereof within six (6) months of the severance from service date. No Participant who has made the irrevocable election referred to in Section 3.05 hereof will be entitled to return of his Participant's contributions with interest. (iv) Alternatively, said Participant may elect in writing on a form designated by the Board to receive commencing on the first day of the month coincident with or following his reaching age 55 a monthly retirement benefit in a sum equal to the product of (a) multiplied by (b) where (a) is an amount equal to thirteen hundredths (0.13%) percent (.0013) of the Participant's final average earnings and (b) is the number of continuous months of credited service of the Participant to his severance from service date said product being reduced to the actuarial equivalent. Payment of said monthly benefit shall commence on the first day of the month coinci dent with or following said Participant's reaching his 55th birthday. Subsequent monthly payments shall be made in advance on the first day of each month during the life of the Participant and for a period certain and continuous of one hundred twenty (120) months from the Participant's reaching age 55. In the event of the Participant's death either after making his election but before attaining his 55th birthday or within one hundred twenty (120) months after reaching his 55th birthday, the same monthly benefit shall be payable for the entire or the remainder of the one hundred twenty (120) month period to the Participant's designated beneficiary as provided in Section 6.03 hereof. Section 9. Contributions. 9.01. Employer Contributions. Contributions by the Employer shall be paid to the Board at such times and in such amounts as shall be determined by the Employer, based upon the recommendations of the Board, to provide the benefits under the Plan determined by the application of accepted actuarial methods and assumptions. The method of funding shall be consistent with Plan objectives. The Mayor and Council of the City of Dalton shall contribute prior to the close of the Plan Year of reference, such sums to the Plan as shall be sufficient to fund the ben efits under the Plan determined by the application of accepted actuarial methods and assumptions, and the Board shall certify to the Mayor and Council of the City of Dalton the amount so determined prior to the close of the Plan Year of reference. The Mayor and Council of the City of Dalton is hereby authorized, empowered and directed to levy tax on all taxable property of said City ad valorem and to use such other available funds of the City for the purpose of satisfying its obligations under the Plan. The Water, Light and Sinking Fund Commission of the City of Dalton is hereby authorized, empowered, and directed to transfer to the Mayor and Council of the City of Dalton, at the request of the Board, for the benefit of the Plan, such sums as shall be sufficient to fund the benefits of Participants employed by said Commission, and their beneficiaries, such sums to be determined in accordance with sound actuarial prin ciples consistently applied. The Board shall certify to said Water, Light and Sinking Fund Commission the amount so determined prior to the close of the Plan Year of refer ence. 9.02. Actuarial Methods. In establishing the liabilities under the Plan and contribu tions thereto, the Employer shall require the services of an enrolled actuary who shall use such methods and stated assumptions as will reasonably reflect the cost of the bene fits. The Plan assets are to be valued on the basis of any reasonable method of valuation that takes into account the fair market value pursuant to current regulations prescribed by the Secretary of the Treasury as applicable to this Plan. There must be an actuarial valuation of the Plan as frequently as required by applicable Federal or State law but at least once every three (3) years. 9.03. Mandatory Contribution of Participant. Consistent with the requirement of the Prior Plan for a mandatory employee contribution on and after March 1, 1973, each employee who is a participant in the Plan shall contribute to the Plan an amount MONDAY, MARCH 22, 1982 2485 equal to five (5%) percent of his basic monthly earnings. Each Participant covered under the Prior Plan and each new Participant on and after July 1, 1982, by virtue of his participation in the Plan does hereby instruct and authorize the Employer to deduct from his salary or wages the amount of his mandatory contribution and to contribute on his behalf said withheld sum to the Plan. In lieu of said mandatory contribution any Participant making the irrevocable election referred to in Section 3.05 (applicable only to an employee covered under Ga. L. 1945 p. 593, as amended) hereof shall contribute to the Plan a total sum of twenty ($20.00) dollars per month and by virtue of participation does hereby instruct and authorize the Employer to deduct from his salary or wages the amount of his mandatory contributions and to contribute on his behalf said withheld sum to the Plan. Section 10. Management and Administration. 10.01. Named Fiduciary(s). The Employer is the Named Fiduciary which has authority to control and manage the operation and administration of the Plan. In exer cising said authority, the Employer acts through its officers, employees, or the Board, as herein provided. The Investment Manager is a Named Fiduciary selected by the Employer, with authority to manage and control Plan Assets, as provided in the applicable funding doc uments. 10.02. General Fiduciary Duties. (i) Fiduciaries of the Plan shall discharge their duties under the Plan solely in the interest of the Participants and Beneficiaries and for the exclusive purpose of providing benefits to Participants and their Beneficiaries and defraying reasonable expenses of administering the Plan. (ii) Fiduciaries shall act with the care, skill, prudence, and diligence, under the cir cumstances then prevailing, that a prudent man, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims. (iii) Fiduciaries shall discharge their duties in accordance with the Plan and Contract insofar as such documents are consistent with the Plan. (iv) Fiduciaries shall, in investing the assets of the Plan, diversify plan investments with a view towards minimizing the risk of large losses, unless it is clearly prudent not to do so under the circumstances. (v) Fiduciaries shall see that no Plan assets are located or held in any place outside the jurisdiction of the United States district courts, except as authorized under regula tions applicable to this Plan promulgated by the Secretary of Labor. (vi) In the course of administration of the Plan, fiduciaries may delegate such duties and responsibilities to other parties as may be permitted by law. Such delegation, in and of itself, shall not cause the delegates to become fiduciaries under the Plan. (vii) Each fiduciary may rely on information given by other fiduciaries of the Plan or other persons acting on behalf of fiduciaries where it is prudent to do so under the cir cumstances. (viii) Each fiduciary hereof is responsible for the duties and responsibilities which are specifically allocated to him under Section 10.03 and is responsible for no other duties under the Plan. (ix) A fiduciary may serve, upon approval by the Board, in more than one fiduciary capacity with respect to the Plan. (x) A fiduciary may employ one or more persons to render advice with regard to any responsibility he has under the Plan. 10.03. Allocation of Fiduciary Responsibilities. The fiduciaries of the Plan shall have the powers and duties as specified herein, and shall be responsible for no other powers and duties under the Plan. (i) The Employer: The Employer is responsible for amending the Plan, terminating the Plan, naming the Investment Manager(s), appointing the Plan Actuary and Certified Public Accountant, appointing the appointed members of the Board, administering the Plan through the Board, establishing funding policy for the Plan, as herein provided, and making Contributions under the Plan pursuant to Section 9.01. 2486 JOURNAL OF THE HOUSE, (ii) The Investment Manager: The Investment Manager shall have the duties and responsibilities set forth in any Contract and/or in any other agreements with the Employer concerning the Plan. 10.04 Board. There is hereby established, to serve without pay, a Board of Trustees whose duty it shall be to manage the Plan Assets. The Board of Trustees shall be com posed of three appointed trustees (the 'appointed trustees') and three elected trustees (the 'elected trustees'). The appointed trustees shall consist of... (1) the Mayor, (2) the Chairman of the Water, Light and Sinking Fund Commission, and (3) the Chairman of the Finance Committee of the Mayor and the Council of the City of Dalton. The elected trustees shall be composed of one member from among their number elected by the Participants who are then employees in the employ of employer of... (1) the Police and Fire Departments, (2) employees of the Water, Light and Sinking Fund Commission, (3) all other Participant-employees. The elected trustee from each of the above described groups shall be selected, at an election held within such group, by secret ballot in which every Participant of such group shall be entitled to vote. The Participant receiving the plurality of votes cast in any such election shall become the elected trustee from such group; provided, however, that no individual may become an elected trustee unless he shall be a Participant in the Plan. Those elected trustees under the Prior Plan shall continue under the Plan on and after July 1, 1982, to serve as elected trustees in accordance with the terms hereof and for the term to which elected under the Prior Plan. A meeting for election of an elected trustee shall be held for each group permitted to elect such trustee within thirty (30) days of the expiration of such elected trustee's term and the members of the group entitled to vote thereon shall be given at least five days' notice of said meeting. An elected trustee may be re-elected to the Board and there shall be no limitation on the number of terms which may be served by any person as an elected trustee of the Board. An elected trustee may be removed upon petition for removal and election of a successor, as follows: Upon a petition signed by at least 51% of the Participants of the group from which the elected trustee was elected calling for removal of their rep resentative on the Board and for an election of a Participant to serve the unexpired term of such representative, an election shall be duly held, as soon as practicable, in the same manner as the office was previously filled. All persons qualified to vote at any meeting called for removal of any such elected trustee shall be notified by the City Clerk at least five (5) days prior to the date set for said meeting. The removal of such original elected trustee shall be effective upon the election of his successor in the manner described in the preceding paragraph. The term of office of each elected trustee shall commence on the first day of the month following his election and shall continue for a period of two years and thereafter, until his successor shall be elected and qualified. An election shall be held, in the man ner hereinbefore described, at the expiration of the term of each elected trustee, for the purpose of electing his successor. If a vacancy occurs in the offices of elected trustees, the vacancy shall be filled for the unexpired term within 30 days and in the same man ner as the office was previously filled; provided, however, that during such vacancy, the action of the remaining members of the Board shall be binding with respect to all busi ness which they may transact. Should an elected trustee be retired under this Act or cease to be in the employ of the Employer, his office shall be declared vacant. 10.05. Right to Appeal from Act or Decision of Board. Any participant who is dissat isfied with the action of the Board shall have the right of appeal to the Superior Court of Whitfield County, Georgia, by writ of certiorari, within 30 days from the date of such action of the Board, but said Participant shall bear all of his expenses of appeal from the action of the Board. 10.06. Time and Place for Meetings of Board. The Board shall make all rules as to the time and place of meetings and for the payment of said funds to those entitled to MONDAY, MARCH 22, 1982 2487 receive the same. It shall within the month of January of each Plan Year organize by electing a chairman, a vice-chairman who shall serve when the chairman is absent, and a secretary. The chairman shall sign all vouchers for the disbursements of the fund, and his written order shall fully protect the Board treasurer in the payment of the same. A majority of the Board shall control on all questions. The City Clerk shall be appointed to act as ex-officio treasurer of the Board and his bond shall cover all monies or Plan Assets. 10.07. Powers of the Board. The Board, in administering the Plan, shall have the fol lowing powers: (i) To purchase and continue one or more annuity contracts whether group or other wise for the benefit of Participants. (ii) To employ agents, employees, or experts to assist said Board of Trustees in carry ing out the provisions of this Plan, including, but not limited to, an agent or agents to advise and make recommendations concerning the investment of funds; and to pay rea sonable compensation for such services, which compensation shall be paid from income or corpus of the Plan Assets or, at the election of the City of Dalton, from City funds. (iii) Without limiting the generality of the following Section 10.07 (iv) hereof, the Plan Assets may be invested in obligations issued by or on behalf of the United States or the State of Georgia and its political subdivisions. (iv) The Board shall have full power to invest or reinvest the Plan Assets in any kind of property, or undivided interests therein, which the Board shall deem proper (includ ing, by way of illustration but not of limitation, real estate, stocks, bonds, mortgages, debentures, common trust funds, insurance contracts payable to the Board for the bene fit of the Plan, shares or interests in investment companies, funds or trust) and may hold funds uninvested during any period of unsettled financial conditions, to continue the Plan Assets invested in any property received or acquired by the Board without obli gation to sell all or any part thereof because not of a type or quality or constituting a diversification considered proper or wise for trust investments; to make sales of any investment without advertisement and without the necessity of obtaining an order of Court; to grant options to purchase, and to sell, convey, assign, or exchange any trust property in such manner and upon such terms as the Board shall deem proper; to lease trust property for any time, even extending beyond the term of any trust hereunder; to insure, improve, repair, alter, partition, subdivide, grant easements, or dedicate any property comprising a part of the Plan Assets and to erect or raze improvements thereon; to settle, compound, or abandon all claims and demands in favor of or against the Plan Assets; to consent to the reorganization, consolidation, or readjustment of the finances of any corporation; to vote in person or issue proxies to others to borrow money and to mortgage or pledge any trust property for any purpose deemed proper by the Board; to delegate powers, discretionary or otherwise, for any purpose to one or more nominees or agents; to hold or register any property in the Board's own name or in the name of a nominee, without disclosure of any fiduciary relationship. Said funds and investments may also be, from time to time, turned over to and placed in the custody of any bank or trust company which is, at the time of reference, serving as fiscal agent or expert for said City. (v) To generally contract in matters relevant to effectuating and achieving its pur poses of this Plan. (vi) To receive and pay out Plan Assets in accordance with the provisions of this Plan or to contract for similar services. (vii) To make actuarial studies and pay the cost thereof. (viii) To make rules and regulations as may be necessary to the effective administra tion of the Plan. Section 11. Amendment of Plan. The Employer shall have the power to amend or modify the Plan, provided that no such amendment or modification (except such amendment or modification as is required to qualify or maintain qualification of the Plan under the appropriate sections of the Internal Revenue Code, Department of Labor regulation or other applicable Federal or State law) may be made which will deprive any Participant or Beneficiary, of any benefits under the Plan to which he otherwise would 2488 JOURNAL OF THE HOUSE, be entitled at the time of such amendment or modification or shall make it possible for any part of the assets of the Plan (other than assets as required to pay taxes, adminis trative expenses, or other items to be charges on the Plan) to be used for or diverted to purposes other than for the exclusive benefit of Participants and Beneficiaries prior to the satisfaction of all liabilities for benefits under the Plan with respect to such per sons. Section 12. Miscellaneous. 12.01. Forms. All consents, elections, applications, and designations required or per mitted under the Plan must be made on Forms prescribed and furnished by the Employer or the Investment Manager, if required. 12.02. Proof of Survival of Benefit Claimant. Where a retirement benefit is contin gent upon the survival of any person, evidence of such person's survival must be fur nished to the Employer and the Investment Manager, if required, by personal endorsement by such person of the check drawn for said payment, or other evidence sat isfactory to the Employer or Investment Manager, if required. 12.03. Effect of Misstated Facts. If it is found that the date of birth or sex of a Par ticipant or Beneficiary has been misstated or that the length of service, compensation, or date of employment of a Participant has been misstated, the amount of payments with respect to such Participant or Beneficiary shall be the amount which would have payable if such fact or facts had not been misstated, and in no case shall any person be entitled to receive any greater benefit than that which would have been payable on the basis of the true facts. Overpayment shall be charged against, and underpayments shall be added to, any payments accruing to a Participant or Beneficiary made in accordance with actuarial determination. 12.04. Construction. In the construction of this Plan, the masculine shall include the feminine and the singular the plural in all cases where such meanings would be appro priate. The Plan shall be construed and enforced according to the laws of the State of Georgia, and in accordance with any applicable federal statutes and regulations. 12.05. Limitation of Assignment. No Participant or Beneficiary shall have a right to assign, transfer, hypothecate, encumber, commute, or anticipate his interest in any pay ment under the Plan, and such payments shall not in any way be subject to any legal processes to levy upon or attach the same for payment of any claim against any Partici pant or Beneficiary. 12.06. Obligations of Employer. Nothing contained in the Plan shall be deemed to give any Employee of the Employer or any Participant the right to be retained in the service of the Employer, or to interfere with the right of the Employer to discharge any Employee or Participant at any time, without regard to the effect which such discharge shall have upon his rights, if any, under the plan. 12.07. Payments to Incompetents. If the Board and/or the Investment Manager shall receive evidence satisfactory to it that (i) a Participant or Beneficiary entitled to receive any benefits under the Plan is physically or mentally incompetent to receive such bene fit and to give a valid release therefor, and (ii) another person or institution is then maintaining or has custody of such Participant or Beneficiary, and (iii) no guardian, committee, or other representative of the estate of such Participant or Beneficiary shall have been duly appointed, the benefit otherwise payable to such Participant or Benefi ciary may be paid to such other person or institution, and the release of such other per son or institution shall be a valid and complete discharge for the payment of such benefit. 12.08. Custody of Any Funds in Investment Manager. Any assets of the Plan held by the Investment Manager will be held for use in accordance with provisions of the Plan and Contract, and no part thereof shall be used for or diverted to purposes other than for the exclusive benefit of Participants and Beneficiaries prior to the satisfaction of all liabilities for benefits under the Plan with respect to such persons. No Participant or Beneficiary, or any other person, shall have any interest in or right to any part of the assets of the Plan, except as, and to the extent expressly provided in the Plan and Contract. MONDAY, MARCH 22, 1982 2489 12.09. Discrimination. The Employer, through the Board, shall administer the Plan in a uniform and consistent manner with respect to all Participants, and shall not per mit discrimination in favor of officers or highly compensated Employees. 12.10. Forfeitures. Forfeitures arising from any cause whatsoever under this Plan shall not be applied to increase the benefits any Participant would otherwise receive under the Plan at any time prior to the termination of the Plan or the complete discon tinuance of Employer contributions hereunder; forfeitures shall be applied to reduce the Employer's contributions under the Plan in the then current or subsequent years. 12.11. Disappearance of Participant or Beneficiary. In the event that any Participant or Beneficiary receiving or entitled to receive benefits under the Plan should disappear and fail to respond within 60 days to a written notice sent by the Committee by regis tered or certified mail, informing him of his entitlement to receive benefits under the Plan, the Committee may pay such benefits or any portion thereof, which the Commit tee determines to be appropriate, to Beneficiary of Participant as defined in Section 6.03 hereof until such Participant or Beneficiary is located or until such benefits are paid in full, whichever event shall first occur. If the Committee has received no request for payment of such benefits from the Par ticipant or Beneficiary and has made no such payments within the applicable period of limitation of actions after the same became payable, then the benefits under the Plan shall be payable pursuant to the direction of a court of applicable jurisdiction. 12.12. Compliance with Applicable Laws. The Employer, through the Board, shall interpret and administer the Plan in such manner that the Plan shall remain in compli ance with Section 401(a) and 501(a) of the Internal Revenue Code, of 1954, as amended, and all other applicable Federal or State laws, regulations, and rulings, as a qualified 'governmental' Plan and trust. 12.13. Return of Plan Assets to the Employer. The assets of the Plan shall be held for the exclusive purposes of providing benefits to Participants and Beneficiaries, and shall never inure to the benefit of the Employer, except... Where the Employer Contribution was made by a mistake of fact, such Contribution shall be returned to the Employer within one year after the payment of the Contribu tion; Upon payment of any contribution to the Board, except as above provided, the Employer's right, title and interest therein shall cease and terminate and no part of the corpus or income of the Plan shall ever revert to the Employer except as provided by law. 12.14. Merger. In the event of any merger or consolidation of the Plan with any other plan, or the transfer of assets or liabilities by the Plan to another plan, each Participant must receive (assuming that the Plan then terminated) a benefit immediately after the merger, consolidation, or transfer which is equal to or greater than the benefit such Par ticipant would have been entitled to receive immediately before the merger, consolida tion, or transfer (assuming that the Plan had then terminated). 12.15. Claims Procedures. A. Initial Stage: In the event the Board denies a Claim for benefits under the Plan submitted by a Participant or Beneficiary, hereinafter referred to as Claimant, the Board shall provide adequate notice in writing to the Claimant, within a reasonable time after the receipt of the claim, setting forth, in a manner calculated to be understood by the claimant, the following: (1) specific reason(s) for the denial: (2) specific reference(s) to Plan provisions on which the denial is based; (3) a description of any materials or information necessary to perfect the claim and why they are necessary; (4) an explanation of the review procedure of the Plan. B. Appellate Stage: A claimant shall have 60 days to appeal a denial of a claim for benefits to the Board. A claimant or his duly authorized representative must request an appeal in writing to the Board, and shall be allowed to review pertinent documents and submit issues and comments in writing. 2490 JOURNAL OF THE HOUSE, The Board shall afford the Claimant a full and fair review of his claim for benefits and shall make a decision on review as promptly as possible, but in no event later than 60 days following the written request for review. The decision on review shall be in writing and shall include specific reasons for the decision and specific references to Plan provisions on which the decision is based, and shall be written in a manner calculated to be understood by the Claimant. 12.16. No Pension Benefit Payable Before Termination of Employment; Pension to Cease if Again Placed on Payroll. (i) No benefit, sum or amount may be distributed to any Participant from the Plan prior to his termination of employment. (ii) Any person receiving a retirement benefit under this Plan and who shall be reemployed by an Employer hereunder shall cease to receive any monthly retirement benefit which he is otherwise entitled to during any period of re-employment by the Employer. Upon termination of such re-employment, the monthly retirement benefit to which said person is entitled shall resume, provided further that the re-employed Participant shall not participate in the Plan, nor make contributions thereto, during any period of his re-employment after either normal or early retirement. 12.17. City Attorney. The City Attorney shall, without extra compensation, render such legal service as such Board of Trustees shall require. 12.18. Power to Adopt Salary Schedules. Each Employer is hereby authorized and empowered as part of its adoption of schedules of wage and salary payments, to provide for contractual agreements for the payment of deferred wages and salaries to persons employed by said Employers or under their authority. 12.19. Severability. If any provision of this Plan, or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this Plan which can be given effect without the invalid provision or application and, to the end, the provisions of this Plan are severable. 12.20. Repeal of Permanent Disability and Death Benefit Under Prior Plan. Any Participant under the Prior Plan who dies or becomes permanently disabled as defined in Section 10 of said Prior Plan (Ga. L. 1974, p. 2744, as amended) on or before July 1, 1982, shall be entitled to the benefit provided in said Section 10 of the Prior Plan. The death and permanent disability benefits provided in said Section 10 of the Prior Plan are repealed as to any Participant dying or becoming permanently disabled on and after July 1, 1982. IN WITNESS WHEREOF, the Employer has caused this Plan to be duly executed as of the ___________ day of ___________________, 1982, but effective as of the 1st day of ___________________, 1982. MAYOR AND COUNCIL OF THE CITY OF DALTON ATTEST:___________________ Clerk BY: Mayor BOARD OF WATER, LIGHT, AND SINKING FUND COMMISSIONERS ATTEST:___________________ Secretary" BY:___________________ Chairman Section 2. The General Assembly finds that the governing authority of the City of Dalton shall, by local ordinance duly adopt, revise, and consolidate comprehensively the "Mayor and Council of the City of Dalton Employees' Pension Plan." The General Assem bly declares and intends that this Act shall be a confirmation of that action taken by the governing authority of the City of Dalton and shall be in conjunction with that action taken by the governing authority of the City of Dalton. MONDAY, MARCH 22, 1982 2491 Section 3. This Act shall become effective on July 1,1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1707. By: Representative Dean of the 29th: A BILL to amend an Act creating county building authorities in certain counties having a population of 550,000 or more according to 1970 United States decennial census or any such future census, so as to redefine project; to authorize the leasing of project to governmental and public and private persons; to redefine the "cost of the project"; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act creating county building authorities in certain counties having a population of 550,000 or more according to 1970 United States decennial census or any such future census, approved April 2, 1980 (Ga. L. 1980, p. 4488), as amended, so as to redefine project; to authorize the leasing of projects to governmental and public and pri vate persons; to authorize the execution of contracts with public and private persons; to redefine the "cost of the project"; to increase the amount of bonds which may be issued by such authorities; to change the disbursement procedure for proceeds of the bonds issued by such authorities; to clarify the banks and trust companies which may act as depositories; to make changes relative to the allocation of revenues; to provide for addi tional parties to validation proceedings; to provide for the validity of lease contracts and the assignment of the same; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating county building authorities in certain counties having a population of 550,000 or more according to the 1970 United States decennial census or any such future census, approved April 2, 1980 (Ga. L. 1980, p. 4488), as amended, is amended by striking from Section 3 thereof subsection (c) and inserting in lieu thereof a new sub section (c), which shall read as follows: "(c) The word 'project' shall be deemed to mean and include one or a combination of two or more of the following: The acquisition, construction, furnishing, and equipping of any and all structures, buildings, electric, gas, steam, water utilities, or any other facilities of any and every type, kind, and character determined by the Authority to be desirable for the efficient operation of any department, board, commission, or agency of the county, the State of Georgia, any municipal corporation lying in whole or in part in the county, or any gov ernment agency operating in the county which the county may be required by law to support financially, or the United States government or any agency or subsidiary corpo ration thereof, together with all necessary or useful furnishing, furniture, fixtures, deco rations, appointments, art objects, machinery, equipment, parking facilities, and landscaping, all as determined by the Authority, which determination shall be final and not subject to review. The term 'project' shall also mean and include the acquisition, construction, furnishing, equipping, maintenance, and operation of facilities that may or will enhance the attractiveness, convenience, utility, or usefulness of any undertaking 2492 JOURNAL OF THE HOUSE, described in the immediately preceding sentence, which facilities may be leased, oper ated by, or otherwise made available to any public or private person, firm, or corpora tion, all as determined by the Authority, which determination shall be final and not subject to review." Section 2. Said Act is further amended by striking from Section 3 thereof subsection (d) thereof and inserting in lieu thereof a new subsection (d), which shall read as follows: "(d) The term 'cost of the project' shall embrace the cost of construction, the cost of all lands, properties, rights, and easements and franchises acquired, the cost of all machinery, equipment, and other personal property, financing charges, interest prior to and during construction and, for one year after completion of construction, cost of engi neering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction and acquisition of any project, the placing of the same in operation, and the condemnation of the property necessary for such construction, acquisition, and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project." Section 3. Said Act is further amended by striking from Section 4 thereof subsection 5 and inserting in lieu thereof a new subsection (5), which shall read as follows: "(5) To make and execute with public and private persons and corporations, both foreign and domestic, contracts, leases, rental agreements, and other instruments relating to projects and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects, or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all political subdivi sions, municipal corporations, departments, institutions, or agencies of the state or any other state, and any other governmental agency, and the government of any other nation or any agency thereof, and the United States government or any agency thereof, and any private person, firm, or corporation are authorized to enter into contracts, leases, or agreements with the Authority upon such terms and for such purposes as they deem advisable, and without limiting the generality of the above, authority is specifically granted to any such lessee to enter into contracts and lease agreements for the use of any structure, building, or facility, or a combination of any two or more structures, buildings, or facilities of the Authority for a term not exceeding 50 years, and any such lessee may obligate itself to pay an agreed sum for the use of such property so leased, and also to obligate itself as part of the lease contract to pay the cost of maintaining, repairing, and operating the project so leased from the Authority." Section 4. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: "Section 5. The Authority, or any Authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the Authority created hereby authorized to provide by resolution for the issuance of negotiable revenue bonds, in an amount at any time outstanding not to exceed $75,000,000.00 for the purpose of paying all or any part of the cost as herein defined of any one or combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated and shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and condi tions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. The interest rate on or rates to be borne by any bonds, notes, or other obliga tions issued by the Authority shall be fixed by resolution of the Authority, and any limi tations with respect to interest rates found in the Revenue Bond Law or the usury laws of the State of Georgia shall not apply to Authority obligations." MONDAY, MARCH 22, 1982 2493 Section 5. Said Act is further amended by striking from Section 10 thereof the words: "upon requisition or order of the chairman of the Authority", so that said section as amended shall read as follows: "Section 10. The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined project and shall be disbursed under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calcula tion or otherwise, shall be less than the cost of the project or combined project, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds." Section 6. Said Act is further amended by striking from Section 15 thereof the words: "under the supervision and approval of consulting engineers or architects", and inserting in lieu thereof the words: "with the professional assistance of consulting engi neers or architects", and by striking from said section the words: "It shall be lawful for any bank or trust company incorporated under the laws of this State", and inserting in lieu thereof the following: "It shall be lawful for any bank or trust company having the powers of a trust company under the laws of this State, any other state, or the United States", so that said section as amended shall read as follows: "Section 15. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign rents, revenue and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of the law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguard ing and application of all moneys, and may also provide that any project shall be con structed and paid for with the professional assistance of consulting engineers or architects employed or designated by the Authority and satisfactory to the original pur chasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company having the powers of a trust company under the laws of this State, any other state, or the United States to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is cus tomary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indentures may contain such other provisions as the Author ity may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture." Section 7. Said Act is further amended by inserting in the first sentence in Section 17 thereof after the phrase: "by any department, board, commission or agency", the words: "or any other person or entity", so that Section 17 as so amended shall read as follows: 2494 JOURNAL OF THE HOUSE, "Section 17. The revenues, rents, and earnings derived from any particular project or combined project, or any and all funds from any source received by any department, board, commission or agency or any other person or entity entering into a lease agree ment with the Authority, and pledged and allocated by it to the Authority as security for the performance or any lease or leases, or any and all revenues, rents and earnings received by the Authority, regardless of whether or not such rents, earnings, and reve nues were produced by a particular project for which bonds have been issued unless oth erwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolu tion authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regula tions as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the reso lution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchasing or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued." Section 8. Said Act is further amended by striking from Section 18 thereof the words: "of Article VII, Section VI, Paragraph I(a) (Const. 1945, Section 2-5901(a)) of the Constitution of the State of Georgia", and inserting in lieu thereof the words: "of any con tract, lease, or leases entered into with the Authority", and by striking therefrom the words: "lessee, nor shall any such bond constitute a charge, lien or incumbrance, legal or equitable, upon the property of any lessee", and inserting in lieu thereof the words: "lessee which is not a private person, firm, or corporation, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of any lessee which is not a private person, firm, or corporation", so that Section 18 as amended shall read as follows: "Section 18. Any holder of revenue bonds or interest coupons issued under the provi sions of this Act, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolu tion or trust indenture, and may enforce and compel performance of all duties required by this Act, or by resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects, and, in the event of default of the Authority upon the principal and interest obligations of any revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of col lecting rental, which the Authority may possess against the lessee and, in the pursuit of its remedies as subrogee, may proceed, either at law or in equity, by suit, action, man damus or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of any lessee to pay any such bond or the inter est thereon, or to enforce the payment thereof against any property of any lessee which is not a private person, firm, or corporation, nor shall any such bond constitute a charge, MONDAY, MARCH 22, 1982 2495 lien, or encumbrance, legal or equitable, upon the property of any lessee which is not a private person, firm, or corporation. Provided, however, any provision of this or any other Act to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials of the provisions of any contract, lease, or leases entered into with the Author ity, and permission is hereby given for the institution of any such proceedings to compel the payment of lease obligations." Section 9. Said Act is further amended by striking Section 23 in its entirety and inserting in lieu thereof a new Section 23 to read as follows: "Section 23. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law (Chapter 87-8). The petition for validation shall also make party defendant to such action any Authority, subdivision, instrumental ity, agency, or municipal corporation of the State of Georgia, or any other lessee which has contracted with the County Building Authority for the use of any building, struc ture, or facilities for which bonds have been issued and sought to be validated, and such Authority, subdivision, instrumentality, agency, or lessee shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof determined, and the contract adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and against the Authority issuing the same, and any Author ity, subdivision, instrumentality, agency, municipal corporation, or other lessee contract ing with the County Building Authority." Section 10. Said Act is further amended by striking from Section 27 the last three paragraphs thereof and inserting in lieu of such paragraphs the following: "Rentals contracted to be paid to the Authority by any lessee which is any depart ment, board, commission, or agency of the county or any municipal corporation organized under the laws of the State of Georgia or any governmental agency created under the laws of the State of Georgia or the State of Georgia itself under any lease to the Authority entered upon pursuant to this Act shall constitute obligations of such lessees for the payment of which the good faith of any such lessee is hereby pledged. Such rentals shall be paid as provided in the lease contract from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of any such lessee to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of any lessee punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Act, the Authority may enforce performance by any legal or equitable process against any such lessee, and consent is hereby given for the institution of any such action against any such lessee which is described in the immediately preceding paragraphs of this Section 27. The Authority shall be permitted to assign any rental due it by any lessee to a trustee, paying agent, or other person designated to serve as the holder of a security interest on behalf of the holders of any Authority revenue bonds, all as may be required by the terms of any trust indenture entered into by the Authority or resolution adopted by the Authority pertaining to such matters." Section 11. This Act shall become effective when it is approved by the Governor or otherwise becomes law without his approval; provided, however, that the provisions of this Act, insofar as they authorize the lease or sale of projects to private firms or corporations or to the United States government or agencies thereof, shall become effective only upon the ratification of an amendment to the Constitution of Georgia authorizing such lease or sale. Section 12. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining 2496 JOURNAL OF THE HOUSE, provisions of this Act shall remain in full in force and effect, and it is the express inten tion of this Act to enact each provision of this Act independently of any other provision hereof. Section 13. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1811. By: Representatives Snow and Hays of the 1st, Foster of the 6th, Peters of the 2nd and Ramsey of the 3rd: A BILL to amend an Act providing a salary for the court reporter of the Lookout Mountain Judicial Circuit, so as to change the salary of the court reporter; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1840. By: Representative Marcus of the 26th: A BILL to provide for a public defender in all counties having a population of 550,000 or more according to the 1980 United States decennial census or any future such census; to provide for a pub lic defender committee; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 1840 as follows: On page 2, beginning on line 10, after the word "associations" insert a period, and delete the words "in proportion to the membership of said associations." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1941. By: Representative Mullinax of the 69th: A BILL to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to extend and increase the corporate limits of the City of LaGrange; and for other pur poses. The following Committee substitute was read and adopted: A BILL To amend an Act creating a charter for the City of LaGrange in the County of Troup, approved March 8, 1968 (Ga. Laws 1968, p. 2191), as amended, so as to change the number MONDAY, MARCH 22, 1982 2497 of members appointed to the board of education; to provide that the mayor or his appoin tee from the city council shall serve as a member of the board; to provide that the board shall enjoy immunity; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new Charter for the City of LaGrange in the County of Troup, approved March 8, 1968, (Ga. Laws 1968, p. 2191), as amended, is hereby amended by striking Section 8.11 in its entirety and inserting in lieu thereof a new Section 8.11 to read as follows: "Section 8.11. Board of Education; Appointment, Qualification. At the first regular meeting of the Mayor and Council held in even numbered years, said Mayor and Council shall appoint four (4) members of the Board of Education, and in each odd numbered year, said Mayor and Council shall appoint three (3) members of the Board of Educa tion to replace those members whose two (2) year terms expire at that time. The term of office for members of the Board shall be for two (2) years, and until their successors are appointed and qualified, except that the additional member appointed in the year 1982 shall be appointed within thirty (30) days after the effective date hereof and shall hold office until December 31, 1983, or until his or her successor is appointed and quali fied. All vacancies occurring in the Board of Education shall be filled by the Mayor and Council of said City, and members so appointed shall hold office for the balance of such unexpired term. The mayor of said City shall, by virtue of his office, be a member of the Board of Education, or in lieu of serving, the Mayor may appoint a member of the Council of said City to serve on said Board. The term of any member of the City Coun cil appointed to serve on said Board shall be annually for the calendar year or at the pleasure of the Mayor. Said Board shall constitute the Board of Education for the City of LaGrange, with the right in them and their successors, to take and hold in trust for the City of LaGrange any grant or devise of lands, or any donations or bequests of money, or other personal property made to it for educational purposes, and they shall have and enjoy the right to contract all rights, privileges and immunities afforded under the Constitution and Laws of the State of Georgia. The qualifications of members of said Board of Education shall be the same as those provided in the Charter for the Mayor and Council of said City." Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1942. By: Representative Reaves of the 147th: A BILL to amend an Act relating to fire protection districts in Brooks County, so as to limit the amount of taxes which may be levied without a referendum; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1943. By: Representative Kilgore of the 65th: A BILL to provide for election districts for election to the Board of Education of Douglas County; and for other pur poses. 2498 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1944. By: Representative Kilgore of the 65th: A BILL to create a court to be known as the "Magistrate's Court of Douglas County"; to define its jurisdiction and powers; to provide for the appointment, duties, and compensation of the presid ing officer, who shall be designated "magistrate"; to provide for the appoint ment, duties, and compensation of deputy magistrates and a clerk; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1945. By: Representative Jones of the 78th: A BILL to amend an Act creating the board of commissioners of Butts County, so as to provide for staggered terms of members of the board; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1946. By: Representatives Jackson, Wood and Lawson of the 9th: A BILL to amend an Act creating a board of commissioners for Forsyth County, so as to change the dollar amount of purchases which can be made without the necessity of receiving bids; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1947. By: Representatives Fortune and Mostiler of the 71st: A BILL to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the judges of the superior courts and district attorneys of that judicial circuit; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1948. By: Representatives Cummings of the 17th and Montgomery of the 16th: A BILL to repeal an Act establishing the State Court of Polk County, so as to abolish the State Court of Polk County; and for other purposes. MONDAY, MARCH 22, 1982 2499 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1949. By: Representatives Karrh of the 106th and Miles of the 107th: A BILL to abol ish the present mode of compensating the Clerk of the Superior Court of Emanuel County, known as the fee system; to provide in lieu thereof an annual salary and to provide for the increase and decrease thereof; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1950. By: Representative Bray of the 70th: A BILL to amend an Act incorporating the City of Manchester, so as to change the corporate limits of the city; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1951. By: Representative Vaughn of the 57th: A BILL to amend an Act creating the Magistrate's Court of Rockdale County, so as to change the amount of the fine that the magistrate may impose for any single offense; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1952. By: Representatives Mann and Milford of the 13th: A BILL to amend an Act incorporating the City of Maxeys, so as to change the terms of the mayor and councilmen; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1953. By: Representatives Buck of the 95th, Cason of the 96th, Rose of the 93rd, Galer of the 97th, Smyre of the 92nd and others: A BILL to amend an Act establish ing the Municipal Court of Columbus, so as to change the provisions relating to the bonds of the clerk and the marshal of said court; and for other purposes. 2500 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1956. By: Representative Reaves of the 147th: A BILL to fix the compensation of cer tain officials of cities which have a population of not less than 5,150 and not more than 5,300; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1957. By: Representatives Fortune and Mostiler of the 71st: A BILL to create the Spalding County Water and Sewerage Facilities Authority, to authorize such Authority to acquire, construct, equip, operate, maintain, own and improve selfliquidating projects embracing sources of water supply, the treatment, distribu tion and sale of water and related facilities to individuals, private concerns, municipal corporations and governmental units, the collection, treatment and disposal of sewage waste and storm water, and any related facilities; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1958. By: Representative Culpepper of the 98th: A BILL to amend an Act establishing a municipal court in and for the City of Fort Valley, so as to change the provi sions relating to penalties imposed by such court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1959. By: Representatives Karrh of the 106th and Miles of the 107th: A BILL to pro vide for election of members to the Emanuel County Board of Education; to provide for seven single-member election districts; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1960. By: Representative Branch of the 137th: A BILL to amend an Act placing the sheriff of Irwin County on a salary system of compensation in lieu of the fee MONDAY, MARCH 22, 1982 2501 system, so as to change the provisions relative to the salary of deputy sheriffs; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1961. By: Representative Branch of the 137th: A BILL to amend an Act creating a board of commissioners of roads and revenues for the County of Irwin, so as to change the salary provisions relating to the clerk and the secretary; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1962. By: Representative Jackson of the 77th: A BILL to amend an Act changing the compensation of coroners in all counties of this State having a population of not less than 22,320 and not more than 22,500, according to the United States decennial census of 1970, or any future such census, so as to change certain population brackets and census references; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1963. By: Representative Ross of the 76th: A BILL to amend an Act placing the clerk of the Superior Court of Warren County on an annual salary, so as to change the provisions relative to the compensation of the deputy clerk; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1964. By: Representative Dover of the llth: A BILL to amend an Act creating the office of tax commissioner of Habersham County, so as to change the salary of the tax commissioner, the method of filling vacancies in office, and the required hours of operation of the tax commissioner's office; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 2502 JOURNAL OF THE HOUSE, HB 1965. By: Representatives Walker of the 115th and Culpepper of the 98th: A BILL to amend an Act relating to the State Court of Macon County, so as to change provisions relating to the compensation of the judge and solicitor; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1966. By: Representatives Nix, Harrison and Isakson of the 20th, Darden and Thomp son of the 19th, and others: A BILL to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to provide that the board of education of Cobb County may conduct its meetings at any location within Cobb County and, for special purposes, outside the limits of Cobb County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1967. By: Representatives Godbee of the 82nd and Bargeron of the 83rd: A BILL to amend an Act creating the Small Claims Court of Burke County, so as to change provisions relating to the compensation of the judge and fees and costs charged by the court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1968. By: Representatives Johnson, Benefield, Lee and Wood of the 72nd: A BILL to change the composition of and manner of selection of the members of the board of education of Clayton County; to fix the compensation of members of the board; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 165. By: Senator Tate of the 38th: A BILL to amend an Act fixing the compensation of the board of commissioners of counties having a population in excess of 500,000 according to the U.S. decennial census of 1970, so as to change the pro visions relative to population; to change the maximum amount of compensation; and for other purposes. The following amendments were read and adopted: MONDAY, MARCH 22, 1982 2503 The Committee on State Planning and Community Affairs moves to amend SB 165 as follows: Delete the quote and add a new sentence to read as follows: Page 2, line 10: Any such increase in compensation shall not be effective until after the taking of office of those elected at the next regular county election which is held immediately following the date on which the action to increase such compensation was taken." The Committee on State Planning and Community Affairs moves to amend SB 165 as follows: On page 1, line 19, delete the figure "20,000.00" and insert in lieu thereof the figure "15,000.00" On page 1, line 21, delete the figure "17,000.00" and insert in lieu thereof the figure "14,000.00" On page 1, line 27, delete the figure "20,000.00" and insert in lieu thereof the figure "15,000.00" On page 2, line 2, delete the figure "17,000.00" and insert in lieu thereof the figure "14,000.00" The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 458. By: Senator Deal of the 49th: A BILL to amend an Act creating the State Court of Hall County, so as to change the compensation provisions relating to the judge and the solicitor of said court; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act creating the State Court of Hall County, approved August 14, 1891 (Ga. Laws 1890-91, Vol. II, p. 939), as amended, so as to change the compensation provi sions relating to the judge and the solicitor of said court; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Hall County, approved August 14, 1891 (Ga. Laws 1890-91, Vol. II, p. 939), as amended, is hereby amended by striking Section 2A in its entirety and inserting in lieu thereof a new Section 2A to read as follows: "Section 2A. (a) The judge of the State Court of Hall County shall receive an annual salary equal to 75 percent of the gross salary as defined in subsection (b) of this section, (b) For the purposes of this Section 2A, the term 'gross salary' shall mean the annual salary received by a superior court judge from state funds only, effective January 1, 1983, plus any increases in said annual salary for superior court judges from state funds only, on or after January 1, 1983." Section 2. Said Act is further amended by adding immediately following Section 2A a new section, to be designated Section 2B, to read as follows: 2504 JOURNAL OF THE HOUSE, "Section 2B. (a) The solicitor of the State Court of Hall County shall receive an annual salary equal to 75 percent of the gross salary as defined in subsection (b) of this section. (b) For the purposes of this Section 2B, the term 'gross salary' shall mean the annual salary received by a district attorney from state funds only, effective January 1, 1983, plus any increases in said annual salary for district attorneys from state funds only, on or after January 1, 1983." Section 3. This Act shall become effective on January 1, 1983. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 726. By: Senator Littlefield of the 6th: A BILL to amend an Act creating the Board of Commissioners of Wayne County, so as to change the provisions relative to the election of members of the Board; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 654. By: Senator Evans of the 37th: A BILL to amend an Act authorizing counties to establish and maintain law libraries, so as to provide that a city court of any city of the state having a population of 300,000 or more shall not be required to collect any costs that may be required by the foregoing Act; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 718. By: Representative Dean of the 29th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize, ratify, and affirm the creation by the General Assembly of a building authority of Fulton County; to authorize such authority to enter into certain contracts; authorize the General Assembly to exempt the obligations, properties, activities, or income of such authority from taxation; to autho rize the General Assembly to provide for the validation of any revenue obligation of such authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: MONDAY, MARCH 22, 1982 2505 "The construction, acquisition, and development of such facilities as are deemed nec essary for the efficient operation of governmental entities, agencies, and corporations is hereby declared to be a public purpose vital to the welfare of the people of this state and of Fulton County. The General Assembly may create a building authority of Fulton County to promote and further such purposes under such terms as it may deem neces sary or appropriate, and the prior creation of said authority is hereby ratified, approved, and affirmed. Such authority may contract for any period not exceeding 50 years, with any person or entity of any kind whatsoever including, but not limited to, this state, or any other state, or the United States, or any authority, city, town, municipality, or county of this state or any other state or the United States, or any public agency or public corporation or private person or entity (all such persons or entities being collec tively referred to hereinafter as the 'contracting parties' and each being individually referred to as 'contracting parties'), for the use by any such contracting party or the res idents thereof of any facilities or services of said authority, provided that any such con tract shall deal with such activities and transactions as such person or entity is authorized to undertake. The General Assembly may exempt from taxation the obliga tions, properties, activities, or income of said authority and may authorize the issuance of revenue obligations by said authority which shall not constitute an indebtedness of the state within the meaning of Section VII of this article. Any action heretofore taken by the General Assembly to create the authority, to exempt from taxation the obliga tions, properties, activities, or income of the authority, or to authorize the issuance of revenue obligations by the authority, or any or all of the foregoing, is hereby ratified, approved, and affirmed. Any authority authorized or ratified hereby may be continued in existence by local law. or by action of the governing authority of Fulton County in the same manner as is prescribed for the adoption of home rule amendments. The General Assembly may provide for the validation of any revenue obligations authorized, such validation shall thereafter be incontestable and conclusive, and any such action heretofore taken by the General Assembly is hereby ratified and affirmed." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES ( ) NO Shall the Constitution be amended so as to authorize, ratify, and affirm the creation of a building authority of Fulton County to authorize said authority to enter into certain contracts, to authorize the exemption of said authority's activities from taxation, and to authorize provisions for validation of its obligations?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The following Committee substitute was read and adopted: A RESOLUTION Proposing an amendment to the Constitution so as to authorize, ratify, and affirm the creation by the General Assembly of a building authority of Fulton County; to authorize such authority to enter into certain contracts; to authorize the General Assembly to exempt the obligations, properties, activities, or income of such authority from taxation; to authorize the General Assembly to provide for the validation of any revenue obligation of such authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. 2506 JOURNAL OF THE HOUSE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section VI, Paragraph I of the Constitution is amended by adding at the end thereof the following: "The construction, acquisition, and development of such facilities as are deemed nec essary for the efficient operation of governmental entities, agencies, and corporations is hereby declared to be a public purpose vital to the welfare of the people of this state and of Fulton County. The General Assembly may create a building authority of Fulton County to promote and further such purposes under such terms as it may deem neces sary or appropriate, and the prior creation of said authority is hereby ratified, approved, and affirmed. Such authority may contract for any period not exceeding 50 years, with any person or entity of any kind whatsoever including, but not limited to, this state, or any other state, or the United States or any other nation, or any authority, city, town, municipality, or county of this state or any other state or the United States or any other nation, or any public agency or public corporation or private person or entity (all such persons or entities being collectively referred to hereinafter as the 'contracting parties' and each being individually referred to as 'contracting party'), for the use by any such contracting party or the residents thereof of any facilities or services of said authority, provided that any such contract shall deal with such activities and transactions as such person or entity is authorized to undertake. The General Assembly may exempt from taxation the obligations, properties, activities, or income of said authority and may authorize the issuance of revenue obligations by said authority which shall not constitute an indebtedness of the state within the meaning of Section VII of this article. Any action heretofore taken by the General Assembly to create the authority, to exempt from taxation the obligations, properties, activities, or income of the authority, or to authorize the issuance of revenue obligations by the authority, or any or all of the foregoing, is hereby ratified, approved, and affirmed. Any authority authorized or ratified hereby may be continued in existence by local law or by action of the governing authority of Fulton County in the same manner as is prescribed for the adoption of home rule amendments. The General Assembly may provide for the validation of any revenue obligations authorized, such validation shall thereafter be incontestable and conclusive, and any such action heretofore taken by the General Assembly is hereby ratified and affirmed." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize, ratify, and affirm the creation of a building authority of Fulton County, to authorize said authority to enter into certain contracts, to authorize the exemption of said authority's activities from taxation, and to authorize provisions for validation of its obligations?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Y Adams.J Y Adams,M Y Aiken Y Andersen Y Argo Y Auten Y Balkcom Y Bargeron Y Baugh Y Beal Y Beck Y Benefield Y Benn MONDAY, MARCH 22, 1982 2507 Y Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks Buck Y Burruss Y Burton Byrd Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Clark.B Y 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 Daugherty Y Davis.B Davis,J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Y Glover YGodbee Greer Ham Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y 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 Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee YLogan YLong YLord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Ralston Y Ramsey Y Randall Y Reaves Richardson Y Robinson YRose Ross Y Rowland Russell Savage Y Scott,A Y Scott.D Shepard Y Sherrod Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Thomas Thompson Y Townsend Y Triplet! Tuten Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker YWall Y Ware Y Watson Y White Widener Y Williams.B.J N Williams.H Y Williams.R Y Wilson Y WoodJ Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, by substitute, the ayes were 141, nays 1. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute. HR 774. By: Representative Bolster of the 30th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law that exemptions from ad valorem taxation by Fulton County and the City of Atlanta for inventories of certain goods may apply within urban enterprise zones established by the governing body of the City of Atlanta; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is amended by adding immediately following that paragraph thereof which reads as follows: "If more than one-half of the votes cast on such question are in favor of such exemp tion, then such exemption may be granted by the governing authority commencing with the next ensuing calendar year, otherwise such exemption may not be granted. Exemp tions may only be revoked by a referendum election called and conducted as provided herein; provided, that the call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of said election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum.", a new paragraph to read as follows: "For the purposes of ad valorem taxation by Fulton County and the City of Atlanta, including ad valorem taxes for educational purposes but excluding ad valorem taxes for state purposes, the General Assembly may provide by local law that the exemptions applicable to inventories of certain goods, as provided for in the foregoing provisions of 2508 JOURNAL OF THE HOUSE, this Constitution, may apply within urban enterprise zones established by the governing body of the City of Atlanta, and in connection therewith, the General Assembly may classify different types of goods subject to such exemptions and may vary the rate or amount of such exemptions from one such classification to another within and without such urban enterprise zones." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize the General Assem bly to provide by local law that exemptions from ad valorem taxation by Fulton County and the City of Atlanta for inventories of certain goods may apply within urban enterprise zones established by the governing body of the City of Atlanta?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams,G Y Adams,J Y Adam8,M Y Aiken Y Anderson YArgo YAuten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks Buck YBurruss Y Burton Byrd Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Clark,B Y 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 Daugherty Y Davis.B Davis.J Y Davis.L Dean YDent Y Dixon YDobbs Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Y Glover YGodbee Greer Ham Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin 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 Y Karrh YKemp Y Kilgore Lambert Y Lane,D Y Lane,R Y Lawson YLee YLogan YLong YLord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Y Phillips,R.T Y Phillips.W.R Y Pilewicz Pinkston Y Rainey Ralston Y Ramsey Y Randall Y Reaves Richardson Y Robinson YRose Ross Y Rowland Russell On the adoption of the Resolution, the ayes were 141, nays 1. Savage Y Scott,A Y Scott,D Shepard Y Sherrod Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Thomas Thompson Y Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson Y White Widener Y Williams.B.J N Williams.H Y Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy MONDAY, MARCH 22, 1982 2509 The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 775. By: Representative Bolster of the 30th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly may enact legislation treating real property located in an urban enterprise zone as designated by the governing body of the City of Atlanta as a separate class of property in Fulton County and the City of Atlanta for the purposes of ad valorem taxes levied for city and county purposes; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding at the end of said section a new paragraph to read as follows: "Notwithstanding anything to the contrary contained in this paragraph, the General Assembly shall be authorized to enact legislation treating any or all real property located in an urban enterprise zone as designated by the governing body of the City of Atlanta as a separate class or classes of property from other tangible property located in Fulton County and the City of Atlanta for the purposes of ad valorem taxes levied for city and county purposes, and to adopt different rates, methods, or assessment dates for the tax ation of such property." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that the General Assembly may enact legislation treating real property located in an urban enterprise zone as designated by the governing body of the City of Atlanta as a separate class of property in Fulton County and the City of Atlanta for the purposes of ad valorem taxes levied for city and county purposes?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom Y Bargeron Y Baugh Y Beal Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks Buck Y Burruss Y Burton Byrd Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch Y Cox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis.B Davis,J Y Davis.L Dean Y Dent Y Dixon Y Dobbs 2510 JOURNAL OF THE HOUSE, Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster YFuller.C YGaler Y Ginsberg Y Glover YGodbee Greer Ham Hamilton YHanner Y Harris YHarrison Y Hasty Y Hawkins YHays HiU Y Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson.J YJackson.N Y Jackson.W Y Jessup Y Johnson,G Y Johnson.R Y Jones.B Y Jones.H Y Karrh Y Kemp YKilgore Lambert Y Lane,D Y Lane.R Y Lawson Y Lee Y Logan Y Long YLord Y Lowe Y Lucas Y Mangum Y Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson Y Nil Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Phillips,L.L Y Phillips.R.T Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Ralston Y Ramsey Y Randall Y Reaves Richardson Y Robinson Y Rose Ross Y Rowland Russell Savage Y Scott,A Y Scott.D Shepard Y Sherrod Sizemore Y Smith.T Smith,V Smyre Y Snow Y Steinberg Y Swann Thomas Thompson Y Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson Y White Widener Y Williams.B.J N Williams.H Y Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 141, nays 1. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 819. By: Representative Phillips of the 91st: A RESOLUTION Proposing an amendment to the Constitution to provide that for the purposes of all Harris County and Harris County school district ad valorem taxes, homesteads located within Harris County shall be assessed at 30 percent of their fair market value if the pro posed new Constitution is ratified at the 1982 general election; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph III of the Constitution is amended by adding at the end thereof the following paragraph: "Any other provisions of this Constitution or of law to the contrary notwithstanding, for the purposes of all Harris County ad valorem taxes, including Harris County ad valo rem taxes for educational purposes and Harris County and Harris County school district ad valorem taxes for bonded indebtedness, each homestead within Harris County shall be assessed at 30 percent of its fair market value and taxed on each tax levy made by Harris County according to 30 percent of the homestead's fair market value. As used in this paragraph, the word 'homestead' means a dwelling located within Harris County which qualifies for a homestead exemption under Article VII, Section I, Paragraph IV of this Constitution. This paragraph shall not be construed to affect any homestead exemptions currently in effect in Harris County, except that such homestead exemp tions, for the purposes of all Harris County ad valorem taxes as provided in this para graph, shall be granted on the assessed value of such homesteads in accordance with the requirements of this paragraph. This paragraph shall be effective for all tax years begin ning after December 31, 1982, only if a proposed new Constitution is ratified at the 1982 general election. If a proposed new Constitution is not ratified at the 1982 general elec tion, this paragraph shall be null, void, and of no force and effect." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. MONDAY, MARCH 22, 1982 2511 The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that for the purposes of all Harris County and Harris County school district ad valorem taxes, homesteads located within Harris County shall be assessed at 30 percent of their fair market value if the proposed new Constitution is ratified at the 1982 general election?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adaros.G Y Adams.J Y Adams.M Y Aiken Y Anderson YArgo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks Buck Y Burruss Y Burton Byrd Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Clark.B Y 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 Daugherty Y Davis.B Davis.J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Y Glover Y God bee Greer Ham Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin Y Isakson Y JacksonJ Y Jackson.N Y Jackson,W Y Jessup Y Johnson.G Y Johnson.R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane,R Y Lawson YLee YLogan YLong YLord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Y Phillips,R.T Y Phillips.W.R Y Pilewicz Pinkston Y Rainey Ralston Y Ramsey Y Randall Y Reaves Richardson Y Robinson YRose Ross Y Rowland Russell Savage Y Scott,A Y Scott,D Shepard Y Sherrod Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Thomas Thompson Y Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker YWall Y Ware Y Watson Y White Widener Y Williams.B.J N Williams.H Y Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 141, nays 1. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 826. By: Representatives Fortune and Mostiler of the 71st: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the GriffinSpalding County Board of Education shall be composed of ten members to be elected from 2512 JOURNAL OF THE HOUSE, ten education districts by the electors of their respective districts; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section V, Paragraph I of the Constitution is amended by adding at the end thereof the following: "A. The administration of the Griffin-Spalding County School System shall be vested in a Board to be known and designated as the 'Griffin-Spalding County Board of Education.' Said Board shall consist of ten members, each of whom shall be a person of good moral character and at least 25 years of age at the time of assuming office as a member of said Board. Each of the ten districts hereinafter created and described shall be represented by one member of such Board, who shall have been a resident of the district he represents for at least six months before his election or appointment to said Board. B. There are hereby created ten such single member districts and the boundaries of each such district are hereafter designated and described as follows: District 1 Beginning at the intersection of Solomon and North Hill Street; and running north along Hill Street to its intersection with the City limits of Griffin; and running south and southwest along the City limits to its intersection with the Central of Georgia Rail road Line; and running north and northwest along the Griffin-Chattanooga Line of the Central of Georgia Railroad System to its intersection with the City limits; and running south along the City limits to its intersection with Georgia Highway 16 (West Taylor Street); and running east along West Taylor Street to its intersection with Expressway North; and running north along Expressway North to its intersection with West Solomon Street; and running east along West Solomon Street to its intersection with North Hill Street, the point of beginning. District 2 Beginning at the intersection of North Hill Street and Solomon Street; and running north along North Hill Street to its intersection with the City limits of Griffin; and run ning south and east along the City limits to its intersection with Georgia Highway 16; and running east and north along Georgia Highway 16 to its intersection with the north east boundary of the East Griffin (1980) Census Designated Place (Tract 9908, Block 107) and running south and east along the northeast boundary of East Griffin (1980) Census Designated Place to its intersection with High Falls Road; and running west along High Falls Road and East Solomon Street to its intersection with North Hill Street, the point of beginning. District 3 Beginning at the intersection of South Eighth Street and West Solomon Street and run ning east along Solomon Street to its intersection with High Falls Road; and running east along High Falls Road to its intersection with the City limits of Griffin; and run ning south and west along the City limits to its intersection with South Sixth Street Extension (Maple Drive); and running north along South Sixth Street Extension (Maple Drive) to its intersection with Wesley Drive; and running west and south along Wesley Drive to its intersection with Maddox Road; and running west along Maddox Road to its intersection with the City limits of Griffin; and running north and west along the City limits of Griffin to its intersection with South Hill Street; and running north along South Hill Street to its intersection with South Eighth Street; and running north along South Eighth Street to its intersection with West Solomon Street. District 4 Beginning at the intersection of South Eighth Street and West Solomon Street and run ning west along West Solomon Street to its intersection with Expressway North; and running south along Expressway North to its intersection with Georgia Highway 16 (West Taylor Street); and running west along Georgia Highway 16 to its intersection with U.S. Highway 19-41; and running south along U.S. Highway 19-41 to its intersec tion with the City limits of Griffin; and running east, south, and north along the City limits of Griffin to its intersection with South Hill Street; and running north along MONDAY, MARCH 22, 1982 2513 South Hill Street to its intersection with South Eighth Street; and running north along South Eighth Street to its intersection with West Solomon Street. District 5 Beginning at the intersection of the City limits of Griffin and North Hill Street; and running south and west along the City limits to its intersection with Central of Georgia Railroad; and running north along the Macon-Atlanta Line of the Central of Georgia Railroad System to its intersection with Dobbins Mill Road; and running east along Dobbins Mill Road to its intersection with Jordan Hill Road; and running north and east along Jordan Hill Road to its intersection with North Second Street Extension (Road Route S2083); and running south and east along Road Route S2083 to its inter section with Mclntosh Road and North Second Street Extension; and running south and west along North Second Street Extension to its intersection with Cabin Creek Trail (Road Route P352); and running south and east along Road Route P352 to its intersec tion with Jackson Road (Georgia Highway 16); and running south and west along Jack son Road to its intersection with the City limits of Griffin; and running north and west along the City limits of Griffin to its intersection with North Hill Street; and running south along North Hill Street to the point of beginning. District 6 Beginning at the intersection of Jackson Road (Georgia Highway 16) and the northeast boundary of the East Griffin (1980) Census Designated Place (Tract 9908, Block 107); and running north and east along Jackson Road to its intersection with Road Route P352; and running north and west along Road Route P352 to its intersection with North Second Street Extension; and running north along North Second Street Extension to its intersection with Mclntosh Road and Road Route S2083; and running north along Road Route S2083 to its intersection with Southern Railroad; and running north and east along Southern Railroad to its intersection with Smoak Road; and running north along Smoak Road to its intersection with Teamon Road; and running east along Teamon Road to its intersection with Georgia Highway 155; and running north along Georgia Highway 155 to its intersection with the Spalding-Henry County line; and running, east, south, and west along the Spalding County boundary line to its intersection with Walker's Mill Road; and running north and east along Walker's Mill Road to its inter section with Rehoboth Road; and running north and west along Rehoboth Road to its intersection with Barrow Road; and running north along Barrow Road to its intersection with Newton Road; and running west along Newton road to its intersection with High Falls Road and the eastern boundary of East Griffin (1980) Census Designated Place (Tract 9908, Block 107); and running north and west along the boundary of East Griffin (1980) Census Designated Place to its intersection with Jackson Road (Georgia Highway 16), the point of beginning. District 7 Beginning at the intersection of High Falls Road and the City Limits of Griffin; and running east along High Falls Road to its intersection with Newton Road; and running east along Newton Road to its intersection with Barrow Road; and running south along Barrow Road to its intersection with Rehoboth Road; and running south and east along Rehoboth Road to its intersection with Walker's Mill Road; and running south and west along Walker's Mill Road to its intersection with the Spalding-Lamar County line; and running west along the Spalding County line to its intersection with State Highway 3 (South Hill Street Extension); and running north along State Highway 3 to its intersec tion with South Side Drive; and running west along South Side Drive to its intersection with Kennedy Drive; and running north along Kennedy Drive to its intersection with O'dell Road; and running west along O'dell Road to its intersection with U.S. Highway 19-41; and running north along U.S. Highway 19-41 to its intersection with the Griffin city limits; and running north, east and south along the City limits of Griffin to its intersection with Maddox Road; and running east along Maddox Road to its intersection with Wesley Drive; and running north and east along Wesley Drive to its intersection with South Sixth Street Extension (Maple Drive); and running south along South Sixth Street Extension (Maple Drive) to its intersection with the City limits of Griffin; and running east, north, west and south along the City limits of Griffin to its intersection with High Falls Road. 2514 JOURNAL OF THE HOUSE, District 8 Beginning at the intersection of State Highway 3 (South Hill Street Extension) and South Side Drive and running south along State Highway 3 to its intersection with the Spalding-Pike County line; and running west, north, and east along the Spalding County line to its intersection with Fayetteville Road; and running east along Fayetteville Road to its intersection with Cheatham Road; and running south along Cheatham Road to its intersection with Vaughn School Road; and running south and west along Vaughn School Road to its intersection with New Salem Road; and running east along New Salem Road to its intersection with West Mclntosh Road; and running east along West Mclntosh Road to its intersection with New Salem Road; and running east along New Salem Road to its intersection with Ellis Road; and running east along Ellis Road to its intersection with the City limits of Griffin; and running south along the City limits of Griffin to its intersection with Georgia Highway 16; and running east along Georgia Highway 16 to its intersection with U.S. Highway 19-41; and running south along U.S. Highway 19-41 to its intersection with State Highway 362 and the City limits of Griffin; and running west, south and east along the City limits of Griffin to its intersection with U.S. Highway 19-41; and running south along U.S. Highway 19-41 to its intersection with O'dell Road; and running east along O'dell Road to its intersection with Kennedy Drive; and running south along Kennedy Drive to its intersection with South Side Drive; and running east along South Side Drive to its intersection with State Highway 3 (South Hill Street Extension). District 9 Beginning at the intersection of the westerly projection of Mud Bridge Road and the Spalding-Fayette County line; and running east along Mud Bridge Road to its intersec tion with Coleman Road; and running south and east along Coleman Road to its inter section with Sidney Road; running south along Sidney Road to its intersection with Birdie Road; and running east along Birdie Road to its intersection with Steel Road; and running south and east along Steel Road to its intersection with Vineyard Road; and running east along Vineyard Road to its intersection with Central of Georgia Railroad; and running south along the Main Line of Central of Georgia Railroad System to its intersection with the Griffin-Chattanooga Line of the Central of Georgia Railroad Sys tem; and running west along Central of Georgia Railroad to its intersection with the City limits of Griffin; and running south along the City limits of Griffin to its intersection with Ellis Road; and running west along Ellis Road to its intersection with New Salem Road; and running west and north along New Salem Road to its junction with West Mclntosh Road; and running west on West Mclntosh/New Salem Road and continuing north and west on New Salem Road to its intersection with Vaughn School Road; and running north and east along Vaughn School Road to its intersection with Cheatham Road; and running north and west along Cheatham Road to its intersection with Fayetteville Road; and running west along Fayetteville Road to its intersection with the Spalding-Fayette County line; and running north along the Spalding-Fayette County line to its intersection with the westerly projection of Mud Bridge Road, the point of begin ning. District 10 Beginning at the intersection of the westerly projection of Mud Bridge Road and the Spalding-Fayette County line; and running east along Mud Bridge Road to its intersec tion with Coleman Road; and running east along Coleman Road to its intersection with Sidney Road; and running south along Sidney Road to its intersection with Birdie Road; and running east along Birdie Road to its intersection with Steel Road; and running south and east along Steel Road to its intersection with Vineyard Road; and running east along Vineyard Road to its intersection with Dobbins Mills Road; and running east along Dobbins Mill Road to its intersection with Jordan Hill Road; and running north and east along Jordan Hill Road to its junction with North Second Street Extension and Road Route S2083; and running east and south along Road Route S2083 to its intersec tion with Southern Railroad; and running north and east along Southern Railroad to its intersection with Smoak Road; and running north along Smoak Road to its intersection MONDAY, MARCH 22, 1982 2515 with Teamon Road; and running east along Teamon Road to its intersection with Geor gia Highway 155; and running north and east along Georgia Highway 155 to its intersec tion with the Spalding-Henry County line; and running west, north and south along the Spalding County boundary line to its intersection with the westerly projection of Mud Bridge Road, the point of beginning. C. At the first election for members of said Board of Education, the term of mem bers elected from Districts Nos. 1, 4, 7, 8, and 10 shall be for a term of two years from December 31st of the year of their election. The term of such members from Districts Nos. 2, 3, 5, 6 and 9 shall be for a term of four years from December 31st of the year of their election. All members so elected shall hold office until their successors have been duly elected (or appointed as hereinafter provided) and take office. The term of each member of the said Griffin-Spalding County Board of Education elected after the first election of such members shall be for a term of four years from December 31st of the year of his election, and until his respective successor is elected and takes office. D. Each candidate for election as a member of the Griffin-Spalding County Board of Education shall qualify by filing written notice of his candidacy with the Judge of the Probate Court of the County of Spalding. Each such candidate, desiring to have his name placed on the ballot, shall file his notice of candidacy during the days and within the same time and manner as provided by law for a candidate, seeking nomination to run for election to the House of Representatives of the General Assembly of Georgia, qualifying in a general primary election, and in the event of change in the law such notice shall be filed at and within the same times and dates, and in the same manner, as may be hereafter provided by law for a candidate, other than the nominee of a politi cal party nominated in a primary, seeking election (or nomination) as a member of the General Assembly of Georgia in a general primary election. Each such candidate shall accompany his notice of candidacy with an affidavit stating such information as is required by law for candidates in a general primary election and such other information as may be prescribed by the Spalding County Probate Judge with whom the candidate files his notice of candidacy. The qualifying fee to be paid by each candidate at the time of filing such notice of his candidacy shall be equal to the per diem compensation then being paid to a member of such Board of Education for attending a regular monthly meeting of said Board. E. Each member of said Board qualifying from any of the aforesaid districts shall be elected by a majority vote of the electors, residing in such district and voting in such election. In the event no such candidate shall receive a majority of the votes cast, a run off election between the candidates receiving the two highest number of votes shall be held on the date and in the manner as now or hereafter provided by law for holding such run-off elections in the general primary for election of members of the General Assembly of Georgia. Only the electors entitled to vote in the special election, as held contemporaneously with the general primary election, shall be entitled to vote in any run-off election resulting therefrom. F. The first election hereunder for the ten members of said Board of Education shall be held by the Election Superintendent of Spalding County, Georgia, during the year, 1984, on the same date and during the same hours that the general primary election is held in the State of Georgia. Beginning with the year 1986 and biennially thereafter, there shall be an election of five members to the Griffin-Spalding County Board of Edu cation. Each such election shall be a special election and shall be held in the same man ner, except as herein this Act set out, as provided by law for conducting special elections in the State of Georgia. The Election Superintendent of Spalding County is hereby authorized to employ the necessary personnel and make necessary arrangements for con ducting each such special election. He shall canvass the returns and declare and certify the results of each such election and he shall otherwise conduct each such election, or run-off election, under the pertinent laws of Georgia as a special election. He is further hereby empowered and authorized to promulgate such rules and regulations, cumulative of those provided by law, in conducting any such election, or run-off election, that he, within his sole authority and discretion, may deem fair and equitable under the circum stances prevailing. The expenses of any such election, or run-off election, shall be borne by Spalding County. 2516 JOURNAL OF THE HOUSE, G. The death or resignation of a member of said Board, or his physical or mental disability to perform his duties, or the removal of his residence for a continuous period of two months from the district from which he qualified, or the failure of such member to attend any three consecutive meetings of the Board unexcused by the majority vote by the remaining members of such Board, and the occurrence of any one or more of such events, shall be deemed to create a vacancy on said Board with respect to the office held by such member. Any such vacancy on the Board shall be filled by the majority vote of the remaining members at a regular monthly meeting or at any special meeting, duly called and held for that purpose, with the person designated to fill such vacancy having been a resident, for the six months next preceding, of the particular district with respect to which such vacancy occurred; however, if any such vacancy shall occur more than two years and eight months before the term of office of the member creating such vacancy shall expire, said Board may fill such vacancy only for the period ending December 31 of the next succeeding calendar year in which an election for Board mem bers is to be held, at which such election a member of said Board shall be elected, as herein provided, to fill the remaining two years of the unexpired term. Any person filling such vacancy shall serve as a member of said Board until his successor is elected (or appointed) and takes office." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that the GriffinSpalding County Board of Education shall be composed of ten members to be elected from ten education districts by the electors of their respec tive districts?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks Buck Y Burruss Y Burton Byrd Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Clark.B Y 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 Daugherty Y Davis.B Davis,J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Y Glover Y Godbee Greer Ham Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins Y Hays Hill Y 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 Y Karrh Y Kemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Y Lucas Y Mangum Y Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery MONDAY, MARCH 22, 1982 2517 Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver YPadgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Phillips,L.L Y Phillips.R.T Y Phillips.W.R Y Pilewicz Pinkston YRainey Ralston Y Ramsey Y Randall Y Reaves Richardson Y Robinson Y Rose Ross Y Rowland Russell Savage Y Scott,A Y ScottJD Shepard Y Sherrod Sizemore Y Smith.T Smith, V Smyre Y Snow Y Steinberg Y Swann Thomas Thompson Y Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson Y White Widener Y Williams.B.J N Williams.H Y Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 141, nays 1. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 828. By: Representative Padgett of the 86th: A RESOLUTION Creating the Richmond County Merit System Advisory Commission; and for other purposes. WHEREAS, during the 1982 session of the General Assembly, a local amendment to the Constitution was adopted which will be ratified or rejected by the voters of Richmond County in the 1982 general election; and WHEREAS, this amendment authorizes the General Assembly to create a merit sys tem of employment for all or some of the employees of the sheriff of Richmond County; and WHEREAS, if this amendment is ratified, local legislation will be necessary if such a merit system is to be created; and WHEREAS, due to the importance of this subject, it is advisable for members of the General Assembly who represent Richmond County to receive input from individuals in the community prior to preparing such legislation. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Richmond County Merit System Advisory Committee to be composed of ten members selected as follows: One member appointed by each of the two members of the Senate who repre sents Richmond County; and One member appointed by each of the six members of the House of Repre sentatives who represent only Richmond County; and Two members appointed by the entire delegation of the General Assembly which represents Richmond County. Each member of the commission shall be a resident of Richmond County; however, no member of the commission shall be an elected public official, nor shall any member be a law enforcement officer. BE IT FURTHER RESOLVED that the Richmond County delegation to the General Assembly shall designate the chairman of the commission and shall call the first meeting of the commission. The commission shall meet at the call of the chairman, but any five members may petition the chairman to call a meeting. The chairman shall call a meeting of the commission at least once per calendar month. The commission may adopt rules for its own governance. The members of the commission shall receive no compensation or expenses for performing any duty or function as a member of the commission. BE IT FURTHER RESOLVED that the commission shall study all aspects of estab lishing a merit system of employment for employees of the sheriff in Richmond County. 2518 JOURNAL OF THE HOUSE, The commission may undertake the study of all issues relevant and bearing on the cre ation of such a merit system. From these studies the commission shall make periodic reports of its findings and recommendations to the Richmond County delegation to the General Assembly and shall, by December 31, 1982, make a final report of its findings and recommendations to the Richmond County delegation to the General Assembly. Such reports may be used by the Richmond County delegation to the General Assembly in pre paring local legislation creating such merit system. The commission shall stand abolished March 31, 1983. The following Committee substitute was read and adopted: A RESOLUTION Creating the Richmond County Merit System Advisory Commission; and for other purposes. WHEREAS, during the 1982 session of the General Assembly, a local amendment to the Constitution was adopted which will be ratified or rejected by the voters of Richmond County in the 1982 general election; and WHEREAS, this amendment authorizes the General Assembly to create a merit sys tem of employment for all or some of the employees of the sheriff of Richmond County; and WHEREAS, if this amendment is ratified, local legislation will be necessary if such a merit system is to be created; and WHEREAS, due to the importance of this subject, it is advisable for members of the General Assembly who represent Richmond County to receive input from individuals in the community prior to preparing such legislation. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Richmond County Merit System Advisory Committee to be composed of ten members selected as follows: One member appointed by each of the two members of the Senate who repre sents Richmond County; and One member appointed by each of the six members of the House of Repre sentatives who represent only Richmond County; and Two members appointed by the entire delegation of the General Assembly which represents Richmond County. Each member of the commission shall be a resident of Richmond County; however, no member of the commission shall be an elected public official, nor shall any member be a law enforcement officer. BE IT FURTHER RESOLVED that the Richmond County delegation to the General Assembly shall call the first meeting of the commission. At the first meeting, the commis sion shall select a chairman from among its members. The commission shall meet at the call of the chairman, but any five members may petition the chairman to call a meeting. The chairman shall call a meeting of the commission at least once per calendar month. The commission may adopt rules for its own governance. The members of the commission shall receive no compensation or expenses for performing any duty or function as a mem ber of the commission when such duty or function is performed in Richmond County. The governing authority of Richmond County may, at its discretion, reimburse members of the commission for actual expenses incurred for performing any duty or function as a member of the commission when such duty or function is performed outside Richmond County. BE IT FURTHER RESOLVED that the commission shall study all aspects of estab lishing a merit system of employment for employees of the sheriff in Richmond County. The commission may undertake the study of all issues relevant and bearing on the cre ation of such a merit system. From these studies the commission shall make periodic MONDAY, MARCH 22, 1982 2519 reports of its findings and recommendations to the Richmond County delegation to the General Assembly and shall, by December 31, 1982, make a final report of its findings and recommendations to the Richmond County delegation to the General Assembly. Such reports may be used by the Richmond County delegation to the General Assembly in pre paring local legislation creating such merit system. The commission shall stand abolished March 31, 1983. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks Buck Y Burruss Y Burton Byrd Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Clark.B Y 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 Daugherty Y Davis.B Davis,J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Y Glover Y Godbee Greer Ham Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin 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 YKarrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Phillips,L.L Y Phillips.RT Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Ralston Y Ramsey Y Randall Y Reaves Richardson Y Robinson YRose Ross Y Rowland Russell Savage Y Scott,A Y Scott,D Shepard Y Sherrod Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Thomas Thompson Y Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker YWall Y Ware Y Watson Y White Widener Y Williams,B.J N Williams,H Y Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, by substitute, the ayes were 141, nays 1. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. SR 38. By: Senator Hudson of the 35th: A RESOLUTION Proposing an amendment to Article IX of the Constitution, so as to authorize the Board of County Commissioners of Fulton County to make grants not to exceed $5,000.00 to municipalities located wholly or partially within Fulton County for the conduct of recre ational programs and activities in such municipalities; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph: 2520 JOURNAL OF THE HOUSE, "The Board of Commissioners of Fulton County shall have the power and authority to make grants in an amount not to exceed $5,000.00 to municipalities located wholly or partially within Fulton County for the conduct of recreational programs and activities in such municipalities." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that the Board of Commissioners of Fulton County shall have the power and authority to make grants in an amount not to exceed $5,000.00 to municipalities located wholly or partially within Fulton County for the conduct of recre ational programs and activities in such municipalities?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks Buck Y Burruss Y Burton Byrd Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Clark.B Y 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 Daugherty Y Davis,B Davis,J Y Davis,L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Y Glover Y Godbee Greer Ham Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y 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 Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips,B Phillips.L.L Y Phillips.R.T Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Ralston Y Ramsey Y Randall Y Reaves Richardson Y Robinson YRose Ross Y Rowland Russell Savage Y Scott,A Y Scott.D Shepard Y Sherrod Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Thomas Thompson Y Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker Y Wall YWare Y Watson Y White Widener Y Williams.B.J N Williams.H Y Williams.R Y Wilson Y Wood,J Y Wood.J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 141, nays 1. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. MONDAY, MARCH 22, 1982 2521 SR 309. By: Senator Foster of the 50th: A RESOLUTION Proposing an amendment to the Constitution so as to require the Board of Education of the Rabun County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Rabun County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding year; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows: "The Board of Education of the Rabun County School District shall impose, levy, and collect a sales and use tax for educational purposes of that school district. This tax shall be at the rate of 1 percent, but in all other respects, except as otherwise provided in this paragraph, shall correspond to the tax provided for by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal ity sales and use tax. The ad valorem tax millage rate limitation applicable to the Rabun County School District under this Section VII of the Constitution shall be reduced for every taxable year beginning on or after January 1, 1984, by a millage rate which, if levied against property taxable for educational purposes within the Rabun County School District, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by that school district in the immediately preceding taxable year. The Rabun County School District shall also comply with the provisions of Code Section 48-8-91 as if the Rabun County School District were a county or municipality within the meaning of that Code section and as if the tax provided for herein were levied pursuant to Article 2, Chapter 8, Title 48 of the Official Code of Georgia Anno tated. No referendum shall be required for the imposition of this tax. Nothing in this paragraph shall prohibit Rabun County and those municipalities located therein from imposing as an additional tax that joint county and municipality sales and use tax authorized by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated. The Rabun County School District is authorized to contract or otherwise provide for the collection and administration of the tax required to be imposed under this paragraph. The tax authorized by this paragraph may be imposed, levied, and collected as provided herein without further action by the General Assembly, but the General Assembly shall be authorized by local law to control the subject matter of this paragraph and to further define and implement its provisions. This authority may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph and any local law adopted pursuant to the author ity of this paragraph shall control that subject matter notwithstanding the provisions of any conflicting general law." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to require the Board of Educa tion of the Rabun County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Rabun County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding 2522 JOURNAL OF THE HOUSE, All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams,G Y Adams.J Y Adams,M Y Aiken Y Andersen Y Argo Y Auten Y Balkcom Y Bargeron YBaugh YBeal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks Buck Y Burruss Y Burton Byrd Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childere Childs Clark.B Y 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 Daugherty Y Davis.B Davis.J Y Davis,L Dean YDent Y Dixon YDobbs Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Y Glover YGodbee Greer Ham Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin 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 Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson Y Lee YLogan YLong YLord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips,B Phillips,L.L Y Phillips.RT Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Ralston Y Ramsey Y Randall Y Reaves Richardson Y Robinson YRose Ross Y Rowland Russell Savage Y Scott,A Y Scott,D Shepard Y Sherrod Sizemore Y Smith.T Smith,V Smyre YSnow Y Steinberg Y Swann Thomas Thompson Y Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson Y White Widener Y Williams,BJ N Williams.H Y Williams.R Y Wilson Y Wood,J Y WoodJ.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 141, nays 1. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House: HR 791. By: Representative Richardson of the 52nd: A RESOLUTION honoring the late Mr. Charles Bates Methvin and designating the Charles Bates Methvin Unit; and for other purposes. MONDAY, MARCH 22, 1982 2523 HR 794. By: Representatives Colling of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending the Honorable Al Holloway; and for other purposes. HR 795. By: Representatives Colling of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending the Honorable Lex Strickland; and for other purposes. HR 800. By: Representatives Collins of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending the Honorable George L. O'Kelley, Jr.; and for other purposes. HR 804. By: Representatives Collins of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending the Honorable Loyce Turner; and for other purposes. HR 805. By: Representatives Collins of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending the Honorable John Riley; and for other purposes. HR 806. By: Representatives Collins of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending the Honorable Tom Faircloth; and for other purposes. HR 807. By: Representatives Collins of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending Mrs. Constance Hunter, and for other purposes. HR 808. By: Representatives Collins of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending the Honorable Gil Harbin; and for other purposes. HR 809. By: Representatives Collins of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending the Honorable Horace Tate; and for other purposes. HR 810. By: Representatives Collins of the 144th, Castleberry of the lllth, and Marcus of the 26th: A RESOLUTION commending the Honorable Hugh Gillis; and for other purposes. HR 824. By: Representatives Bishop of the 94th, Buck of the 95th, Cason of the 96th, Rose of the 93rd, Galer of the 97th and others: A RESOLUTION commending the Honorable Jack T. Brinkley; and for other purposes. HR 589. By: Representatives Wall of the 61st, Martin of the 60th, Phillips of the 59th, Kemp of the 139th, Dover of the llth and others: A RESOLUTION to reconfirm House Resolution 161 from the 1975 regular session of the General Assembly of Georgia; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House: SB 769. By: Senator Fincher of the 54th: A BILL to amend an Act placing the sheriff, clerk of the superior court, and judge of the probate court of Whitfield County 2524 JOURNAL OF THE HOUSE, on a salary system of compensation, so as to change the compensation of the clerk and the judge of the probate court; and for other purposes. SB 770. By: Senator Fincher of the 54th: A BILL to amend an Act changing the compen sation of the coroner of Whitfield County, so as to change the compensation of the coroner; and for other purposes. SB 771. By: Senator Kennedy of the 4th: A BILL to amend an Act creating the charter of the City of Claxton, so as to change the authority of the Mayor to name city appointments to various boards and commissions; and for other purposes. SB 773. By: Senator Foster of the 50th: A BILL to amend an Act placing the Tax Com missioner of Rabun County on a salary, so as to change the compensation of the tax commissioner; and for other purposes. HB 1589. By: Representative Greer of the 43rd: A BILL to provide for a minimum com pensation of judges of the probate court in certain counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census; and for other purposes. HB 1748. By: Representatives Perry and Veazey of the 146th: A BILL to provide for the election of the school superintendent of Cook County; and for other purposes. HB 1758. By: Representatives Lambert of the 112th and Jackson of the 75th: A BILL to amend an Act changing the compensation of the coroner of Morgan County from a fee to salary system, so as to change the salary of the coroner; and for other purposes. HB 1759. By: Representatives Lambert of the 112th and Jackson of the 75th: A BILL to amend an Act to create and establish a Small Claims Court in and for Morgan County, so as to change the jurisdiction of said court; to change the cost of ser vice; and for other purposes. HB 1760. By: Representatives Lambert of the 112th and Jackson of the 75th: A BILL to amend an Act creating a board of commissioners of roads and revenues in and for the County of Morgan, so as to create new election districts for the board of commissioners; and for other purposes. HB 782. By: Representatives Harris of the 8th, Lee of the 72nd, Walker of the 115th, Vaughn of the 57th, Hawkins of the 50th and others: A BILL to amend an Act known as the "Adequate Program for Education in Georgia Act," so as to provide additional requirements relative to the school lunch program; and for other purposes. HB 1189. By: Representative Phillips of the 125th: A BILL to amend an Act regulating the practice of professional sanitarians, so as to provide for the licensure as reg istered professional sanitarians of certain persons who do not meet the require ments for licensure under certain conditions; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1274. By: Representative Jones of the 126th: A BILL to amend Code Chapter 88, relating to public health, so as to change the provisions relating to examinations in emergency receiving facilities; to amend the Official Code of Georgia Anno tated accordingly; and for other purposes. MONDAY, MARCH 22, 1982 2525 HB 1385. By: Representative Watson of the 114th: A BILL to amend Code Chapter 68-5, relating to motor contract carriers, so as to require private carriers to be cov ered by certain vehicle safety requirements; to change the definition of the term "motor carrier"; to define the term "private carrier"; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1419. By: Representative Wall of the 61st: A BILL to amend an Act authorizing leaves of absence for public employees when the absence is to permit the employee to participate in blood donation, so as to provide for additional leave of absence for public employees who donate blood platelets through the pheresis process; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1634. By: Representative Nicholson of the 88th: A BILL to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees in superior courts, so as to change the fees for recording and indexing financing statements; and for other purposes. HB 1563. By: Representative Phillips of the 120th: A BILL to amend an Act providing for grants to certain incorporated municipalities of this State to be used for any public purposes, so as to provide that eligible municipalities which fail to file or which file after the cutoff date the required certification for funds in Fiscal Year 1982 may file or refile a late certificate and qualify for Fiscal Year 1982 funds; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 1210. By: Representative Edwards of the 110th: A BILL to amend Code Section 79A-828, relating to forfeitures, so as to provide for the forfeiture of certain objects and materials; to amend the Official Code of Georgia Annotated accord ingly; and for other purposes. HB 1467. By: Representatives Culpepper of the 98th, Walker of the 115th, Snow of the 1st, Evans of the 84th and Chamberlin of the 73rd: A BILL to amend Code Section 91A-1361, relating to issuance of tax executions, so as to change provi sions concerning fees charged on tax executions; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House: HR 513. By: Representative Snow of the 1st: A RESOLUTION to repeal Resolution Act No. 68 (Senate Resolution No. Ill), adopted at the 1981 regular session of the General Assembly, which resolution proposed an amendment to the Constitu tion so as to provide for amendment of the Constitution by ratification of two or more new articles with related changes as a single amendment; and for other purposes. HR 517. By: Representatives Murphy of the 18th and Thomas of the 66th: A RESOLU TION to repeal Resolution Act No. 69 (House Resolution No. 119), adopted at the 1981 regular session of the General Assembly, which resolution proposed an amendment to the Constitution so as to provide the manner of filling vacancies in certain elected constitutional offices of the state; and for other purposes. 2526 JOURNAL OF THE HOUSE, The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing Resolution of the House: HR 510. By: Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 21st and Lee of the 72nd: A RESOLUTION to amend Resolution Act No. 1 (House Resolution No. 4), adopted at the 1981 Extraordinary Session of the General Assembly, which resolution proposes a new Constitution for the State of Geor gia to be presented to the people for ratification or rejection at the general elec tion in 1982, so as to make a technical change regarding the pardon or parole of persons convicted of armed robbery and delete certain references to earned time; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House: HB 1291. By: Representatives Walker of the 115th, Nicholson of the 88th, Adams of the 79th, Lee of the 72nd, Ham of the 80th and others: A BILL to amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or departments or agencies thereof, so as to provide for the payment of certain claims against the state by the Claims Advisory Board; and for other purposes. HB 1390. By: Representatives Argo of the 63rd, Adams of the 36th, Bolster of the 30th and Johnson of the 66th: A BILL to amend Article 4, Chapter 12 of Title 45 of the Official Code of Georgia Annotated, which article relates to the Office of Planning and Budget, so as to provide for the creation of the Georgia Energy Research and Development Council; and for other purposes. HB 1491. By: Representatives Coleman of the 118th, Hanner of the 130th, Martin of the 60th, Colbert of the 23rd and Hooks of the 116th: A BILL to amend Title 25 of the Official Code of Georgia Annotated, so as to regulate fire protection sprinkler contractors; to provide for administration; to provide for certificates of competency to be issued to persons authorized to engage in the installation, repair, alteration, addition, maintenance, or inspection of fire protection sprin kler systems or water-sprayed systems; to provide for examinations; and for other purposes. The Senate has agreed to the House substitute to the following Bill of the Senate: SB 581. By: Senators Howard of the 42nd, Starr of the 44th, Lester of the 23rd and others: A BILL to amend Code Title 88, relating to public health, so as to provide a new Code chapter establishing a system of community care and services for the elderly; to amend the "Georgia Medical Assistance Act of 1977," so as to pro vide for certain actions necessary to obtain reimbursement; to amend the Offi cial Code of Georgia Annotated accordingly; and for other purposes. Representative Ginsberg of the 122nd moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate: SB 470. By: Senators Thompson of the 32nd, Barnes of the 33rd and Stumbaugh of the 55th: A BILL to amend Code Section 26-3102, relating to capital offenses, jury verdicts and sentences, so as to provide that a person may be sentenced to life imprisonment without parole under certain conditions; to provide that life imprisonment without parole shall not be imposed unless at least one statutory MONDAY, MARCH 22,1982 2527 aggravating circumstance is found by the jury; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Y Aaron N Adams.G N Adams.J N Adams.M N Aiken N Anderson YArgo Auten Y Balkcom Bargeron NBaugh YBeal YBeck N Benefield YBenn Y Birdsong Y Bishop N Bolster N Branch YBray N Brooks Buck N Burruss N Burton NByrd Cason Y Castleberry N Chamberlin Y Chambless N Chance N Cheeks N Childers Y Childs Clark,B N Clark.L N Colbert N Coleman Y Collins Y Colwell Y Connell Y Couch YCoi Y Crawford N Crosby Culpepper Cummings Y Darden Y Daugherty Y Davis,B N DavU,J Y Davis.L YDean YDent Y Dixon Y Dobbs N Dover Edwards Elliott Evans N Felton N Fortune N Foster Y Fuller.C N Galer Y Ginsberg Glover N Godbee Greer Ham Hamilton N Hanner N Harris Harrison N Hasty N Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson N Irvin N Isakson N Jackson.J N Jackson.N N Jackson.W Y Jessup N Johnson.G N Johnson,R N Jones.B Y Jones.H YKarrh NKemp Kilgore Y Lambert NLine.D N Lane.R N Lawson NLee N Logan YLong NLord NLowe Y Lucas N Mangum N Mann Y Marcus N Martin On the motion, the ayes were 59, nays 88. The motion was lost. N Matthews Y McCollum Y McDonald McKinney Miles N Milford Y Montgomery N Moody N Moore N Mostiler N Mullinax Y Nicholson NNix Y Oliver N Padgett N Farham Y Patten N Perry N Peters N Phillips.B Y Phillips.L.L N Phillips,R.T Y Phillips.W.R Pilewicz Pinkston N Rainey Ralston N Ramsey Y Randall N Reaves N Richardson N Robinson NRose Ross N Rowland Russell Savage Y Scott,A Y Scott.D Y Shepard N Sherrod N Sizemore N Smith.T Smith,V YSmyre YSnow N Steinberg YSwann N Thomas Thompson Y Townsend Triplett NTuten Y Twiggs N Vandiford N Vaughn N Veazey N Waddle Walker N Wall Ware N Watson Y White N Widener N Williams,BJ N Williams.H Williams,R Wilson NWood,J N Wood,J.T Y Workman Speaker Murphy The following Resolution of the House was read and adopted: HR 852. By: Representatives Bishop of the 94th, Smyre of the 92nd, Rose of the 93rd, Galer of the 97th, Phillips of the 91st and Buck of the 95th: A RESOLUTION commending the Controllers' Civic and Social Club, Inc., of Columbus, Georgia; and for other purposes. Representative Colwell of the 4th moved that the following Resolution of the Senate be withdrawn from the Committee on Ways and Means and referred to the Committee on State Planning and Community Affairs: SR 227. By: Senator Foster of the 50th: A RESOLUTION proposing an amendment to the Constitution so as to provide that unless the joint county and municipal sales and use tax is approved for imposition within Towns County prior to November 1, 1982, then on and after January 1, 1983, said sales and use tax shall be imposed within Towns County; and for other purposes. The motion prevailed. 2528 JOURNAL OF THE HOUSE, Representative Rainey of the 135th moved that the following Bill of the Senate be withdrawn from the Committee on Natural Resources and referred to the Committee on Game, Fish and Recreation: SB 515. By: Senator Land of the 16th: A BILL to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to provide for the Department of Natural Resources to establish a program whereby persons who are 65 years of age or older and who are bona fide residents of the State of Georgia may obtain a 50 percent dis count on camping fees charged at State parks on certain days; and for other purposes. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1236. By: Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th, and Harris of the 8th: A BILL to make and provide appropriations for the fiscal year beginning July 1, 1982, and ending June 30, 1983; and for other purposes. The following report of the Committee of Conference was read: CONFERENCE COMMITTEE REPORT ON HB 1236 The Conference Committee on HB 1236 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1236 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Paul C. Broun Senator, 46th District /s/Honorable Thomas F. Allgood Senator, 22nd District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Joe Frank Harris Representative, 8th District /s/Honorable Marcus Collins Representative, 144th District /s/Honorable Al Holloway Senator, 12th District /s/Honorable Clarence R. Vaughn Representative, 57th District A BILL To make and provide appropriations for the State fiscal year beginning July 1, 1982, and ending June 30, 1983; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings autho rized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: That the sums of money hereinafter provided are appropriated for the State fiscal year beginning July 1, 1982, and ending June 30, 1983, as prescribed hereinafter for such fiscal MONDAY, MARCH 22, 1982 2529 year, from the General Funds of the State, including unappropriated surplus and a reve nue estimate of $3,732,000,000 for State fiscal year 1983. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch ........................................................................115.263.892 Qperations.............................................................................................................$ 15.263,892 Total Funds Budgeted ........................................................................................$ 15,263,892 State Funds Budgeted.........................................................................................! 15,263,892 Budget Unit Object Classes: Operations.............................................................................................................! 15,263,892 For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legislative Counsel and the Office of Legislative Budget Analyst; for the operation of the Georgia Educational Improvement Council; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Sen ate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, print ing, services and other expenses of the Legislative Branch of Government; and for pay ments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appro priations. Section 2. Department of Audits. Budget Unit: Department of Audits ....................................................................f 5,430,363 1. Operations..........................................................................................................! 5,080.363 Total Funds Budgeted ..........................................................................................$ 5,080,363 State Funds Budgeted...........................................................................................$ 5,080,363 2. Tax Ratio Study...................................................................................................| 350.000 Total Funds Budgeted .............................................................................................$ 350,000 State Funds Budgeted..............................................................................................! 350,000 Budget Unit Object Classes: Operations...............................................................................................................! 5,080,363 Tax Ratio Study........................................................................................................! 350,000 Authorized Motor Vehicles 28 Total Positions Budgeted 150 2530 JOURNAL OF THE HOUSE, PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court................................................................................$ 2.345.625 For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allo cated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-481 (Code Sections 17-12-60 through 17-12-62). Provided, however, that the sum of $10,500 shall be allocated for the cost of Georgia's pro rata share for the operation of the National Center for State Courts. Total Positions Budgeted 59 Section 4. Superior Courts. Budget Unit: Superior Courts .............................................................................f 18.957.568 For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' salaries, contingent expense allowances authorized by law, the payment of mile age authorized by law and such other salaries and expenses as may be authorized by law. For payment of salaries, the payment of mileage and other expenses as may be autho rized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus. For the cost of operating the Judge Sentence Review Panel as created by 1974 Georgia Laws, p. 358 (Code Section 17-10-6). Provided, however, that the listed appropriation shall be increased by the amount of $27,078 per annum for each additional Judge Emeritus position established during the fis cal year, and by the amount of $17,000 per annum for each additional District Attorney Emeritus position established during the fiscal year. Provided, further, that the listed appropriation shall be increased by the amount of $97,000 per annum for each judgeship created by law during the 1982 session of the Gen eral Assembly. Provided, that of the above appropriation relating to Superior Courts, $428,670 is desig nated and committed for the Prosecuting Attorneys' Council for operations and $80,190 is designated and committed for the Sentence Review Panel, and $-0- is designated and com mitted for the Probation Advisory Council. Provided, however, of the above appropriation $10,000 is designated and committed to permit Judges with less than five years of experience to attend the Judicial College. Total Positions Budgeted 458 Section 5. Court of Appeals. Budget Unit: Court of Appeals .............................................................................f 2,612,000 For the cost of operating the State Court of Appeals, including salaries and retirement contributions of judges and employees of the Court and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Total Positions Budgeted 55 Section 6. Administrative Office of the Courts. Budget Unit: Administrative Office of the Courts ..................................................................................................$ 802.791 MONDAY, MARCH 22, 1982 2531 Administrative Office of the Courts......................................................................................................................* 515,238 Case Counting..............................................................................................................! 60,000 Institute for Continuing Judicial Education................................................................................................122^553 Total Funds Budgeted .............................................................................................$ 802,791 State Funds Budgeted..............................................................................................! 802,791 Total Positions Budgeted 20 For the cost of operating the Administrative Office of the Courts, case counting and for the cost of operating the Institute for Continuing Judicial Education. Section 7. AppeUate Court Reports. Budget Unit: Court Reports .....................................................................................$ 190,000 For the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks and others as required by Code Chapter 90-2 (Art. 2, Chap. 18 of Title 50). Total Positions Budgeted 0 Section 8. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission......................................................................................................$45,788 For the cost of operating the Judicial Qualifications Commission. Total Positions Budgeted 0 Section 9. Board of Court Reporting. Budget Unit: ....................................................................................................................$ 14,821 For the cost of operating the Board of Court Reporting. Total Positions Budgeted 1 Section 10. Council of Juvenile Court Judges. Budget Unit:..................................................................................................................f 102j508 For the cost of operating the Council of Juvenile Court Judges. Total Positions Budgeted 3 Section 11. Georgia Justice Courts Training Council. Budget Unit: ....................................................................................................................$ 13.970 For the cost of operating the Georgia Justice Courts Training Council. Total Positions Budgeted 0 Section 12. Georgia Judicial Administrative Districts. Budget Unit:..................................................................................................................f 556JJ98 For the cost of operating the Georgia Judicial Administrative Districts. Total Positions Budgeted 20 PART III. EXECUTIVE BRANCH 2532 JOURNAL OF THE HOUSE, Section 13. Department of Administrative Services. A. Budget Unit: Department of Administrative Services.............................................................................! 31.079.490 1. State Properties Commission Budget: Personal Services.......................................................................................................$ 211,777 Regular Operating Expenses .......................................................................................$ 8,488 Travel..............................................................................................................................$ 3,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing...............................................................................................! 200 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals ....................................................................................................$ 12,516 Telecommunications.....................................................................................................! 3,600 Per Diem, Fees and Contracts..................................................................................! 15,000 Total Funds Budgeted .............................................................................................$ 254,581 State Funds Budgeted..............................................................................................! 252,036 Total Positions Budgeted 6 2. Departmental Administration Budget: Personal Services....................................................................................................! 1,025,000 Regular Operating Expenses...................................................................................! 152,447 Travel..............................................................................................................................! 8,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing............................................................................................! 6,500 Equipment Purchases...................................................................................................! 1,335 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 47,817 Telecommunications...................................................................................................! 15,949 Per Diem, Fees and Contracts........................................................................................! -0- Direct Payments to Georgia Building Authority for Capital Outlay ....................................................................................................$ 2,001,792 Direct Payments to Georgia Building Authority for Operations......................................................................................................................! -0- Direct Payments to Georgia Building Authority for Floyd Buildings Operations..............................................................................! 1,200,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals ......................................................................................$ 850,000 Total Funds Budgeted ..........................................................................................$ 5,308,840 State Funds Budgeted...........................................................................................! 5,291,285 Total Positions Budgeted 41 3. Treasury and Fiscal Administration Budget: Personal Services.......................................................................................................! 801,055 Regular Operating Expenses.....................................................................................! 83,103 Travel..............................................................................................................................! 6,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing..........................................................................................! 12,800 Equipment Purchases...................................................................................................! 1,000 Computer Charges.................................................................................................! 4,662,500 Real Estate Rentals....................................................................................................! 27,851 MONDAY, MARCH 22, 1982 2533 Telecommunications ...................................................................................................$ 12,510 Per Diem, Fees and Contracts ........................................................................................$ -0- State Liability Self-Insurance Reserve............................................................................................................................! -0- Public Safety Officers Indemnification Fund...........................................................................................$ 608,800 Total Funds Budgeted ..........................................................................................$ 6,215,619 State Funds Budgeted...........................................................................................! 3,894,670 Total Positions Budgeted 30 4. Central Supply Administration Budget: Personal Services.......................................................................................................! 232,230 Regular Operating Expenses...................................................................................! 155,522 Travel.................................................................................................................................! 750 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 7,300 Equipment Purchases...................................................................................................! 1,400 Computer Charges.............................................................................................................! -0- Real Estate Rentals ....................................................................................................$ 61,179 Telecommunications.....................................................................................................! 5,355 Per Diem, Fees and Contracts....................................................................................! 1,000 Materials for Resale...............................................................................................! 5,400,000 Utilities...............................................................................................................................!^ Total Funds Budgeted ..........................................................................................$ 5,864,736 Total Expenditures Authorized ...........................................................................$ 5,860,089 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 15 5. Procurement Administration Budget: Personal Services....................................................................................................! 1,175,033 Regular Operating Expenses ...................................................................................$ 115,023 Travel..............................................................................................................................! 7,250 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 29,000 Equipment Purchases...................................................................................................! 1,447 Computer Charges....................................................................................................! 229,600 Real Estate Rentals....................................................................................................! 56,502 Telecommunications...................................................................................................! 34,500 Per Diem, Fees and Contracts........................................................................................! -0- Total Funds Budgeted ..........................................................................................$ 1,648,355 State Funds Budgeted...........................................................................................! 1,636,325 Total Positions Budgeted 52 6. General Services Administration Budget: Personal Services..........,............................................................................................! 289,000 Regular Operating Expenses .....................................................................................$ 11,160 Travel.........................................................................................-....................................! 5,800 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing............................................................................................! 2,500 Equipment Purchases......................................................................................................! 150 Computer Charges......................................................................................................! 18,000 Real Estate Rentals....................................................................................................! 12,165 Telecommunications...................................................................................................! 24,424 Per Diem, Fees and Contracts........................................................................................! -0Total Funds Budgeted .............................................................................................$ 363,199 Total Expenditures Authorized ..............................................................................$ 359,568 2534 JOURNAL OF THE HOUSE, State Funds Budgeted......................................................................................................? -0- Total Positions Budgeted 13 7. Space Management Administration Budget: Personal Services.......................................................................................................? 255,000 Regular Operating Expenses .......................................................................................$ 6,120 Travel..............................................................................................................................? 1,500 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing...............................................................................................? 400 Equipment Purchases.......-...............................................................................................? 900 Computer Charges.............................................................................................................? -0- Real Estate Rentals....................................................................................................? 17,999 Telecommunications.....................................................................................................? 6,230 Per Diem, Fees and Contracts........................................................................................? -0- Materials for Resale..........................................................................................................?^ Total Funds Budgeted.............................................................................................? 288,149 State Funds Budgeted..............................................................................................? 285,268 Total Positions Budgeted 11 8. Data Processing Services Budget: Personal Services..................................................................................................? 15,789,960 Regular Operating Expenses ................................................................................$ 1,363,800 Travel............................................................................................................................? 60,000 Motor Vehicle Equipment Purchases........................................................................................................................? -0- Publications and Printing........................................................................................? 230,800 Equipment Purchases.................................................................................................? 53,350 Computer Charges....................................................................................................? 280,000 Rents and Maintenance Expense......................................................................? 15,756,796 Real Estate Rentals...............................................................................................? 1,024,536 Telecommunications.................................................................................................? 309,543 Payments to DOAS Fiscal Administration....................................................................................................? 2,270,896 Per Diem, Fees and Contracts................................................................................? 820.800 Total Funds Budgeted ........................................................................................$ 37,960,481 Total Expenditures Authorized.........................................................................? 37,636,837 State Funds Budgeted.........................................................................................? 13,575,000 Total Positions Budgeted 666 9. Motor Pool Services Budget: Personal Services.......................................................................................................? 365,198 Regular Operating Expenses................................................................................? 1,542,990 Travel..................................................................................................................................? -0- Motor Vehicle Equipment Purchases....................................................................? 235,000 Publications and Printing................................................................................................? -0- Equipment Purchases...................................................................................................? 8,000 Computer Charges.............................................................................................................? -0- Real Estate Rentals.........................................................................................................? 720 Telecommunications.........................................................................................................? -0- Per Diem, Fees and Contracts........................................................................................? -0- Total Funds Budgeted ..........................................................................................$ 2,151,908 Total Expenditures Authorized ...........................................................................$ 2,130,389 State Funds Budgeted......................................................................................................? -0- Total Positions Budgeted 23 10. Communication Services Budget: Personal Services....................................................................................................? 2,303,566 Regular Operating Expenses ...................................................................................$ 376,405 MONDAY, MARCH 22, 1982 2535 Travel...........................................................................................................................^ 11,000 Motor Vehicle Equipment Purchases..................................................................................................................! 50,600 Publications and Printing..........................................................................................$ 59,000 Equipment Purchases.................................................................................................! 21,380 Computer Charges ....................................................................................................$ 128,044 Real Estate Rentals ....................................................................................................! 57,503 Telecommunications........................................................................................................! 385 Per Diem, Fees and Contracts....................................................................................! 5,000 Telephone Billings...............................................................................................! 24,000,000 Total Funds Budgeted ........................................................................................$ 27,012,883 Total Expenditures Authorized .........................................................................$ 26,982,755 State Funds Budgeted...........................................................................................! 6,000,000 Total Positions Budgeted 106 11. Printing Services Budget: Personal Services....................................................................................................! 1,333,629 Regular Operating Expenses ................................................................................$ 1,677,184 Travel..................................................................................................................................! -0- Motor Vehicle Equipment Purchases ............................................................................$ -0' Publications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................! 50,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals..................................................................................................! 128,170 Telecommunications.........................................................................................................! -0- Materials for Resale..................................................................................................! 400,000 Per Diem, Fees and Contracts........................................................................................f -0- Total Funds Budgeted..........................................................................................! 3,588,983 Total Expenditures Authorized...........................................................................! 3,557,094 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 71 12. Surplus Property Services Budget: Personal Services.......................................................................................................! 713,413 Regular Operating Expenses...................................................................................! 261,060 Travel............................................................................................................................! 25,300 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 7,400 Computer Charges........................................................................................................! 2,200 Real Estate Rentals ......................................................................................................$ 6,000 Telecommunications...................................................................................................! 13,170 Materials for Resale....................................................................................................! 25,000 Per Diem, Fees and Contracts..................................................................................! 12,000 Utilities .........................................................................................................................$ 23,980 Total Funds Budgeted ..........................................................................................$ 1,089,523 State Funds Budgeted..............................................................................................! 144,906 Total Positions Budgeted 44 13. Mail and Courier Services Budget: Personal Services.......................................................................................................! 147,757 Regular Operating Expenses ...................................................................................$ 122,254 Travel..................................................................................................................................! -0- Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing............................................................,...................................! -0- Equipment Purchases.......................................................................................................! -0Computer Charges.............................................................................................................! -0Real Estate Rentals......................................................................................................! 2,239 2536 JOURNAL OF THE HOUSE, Telecommunications .........................................................................................................$ -0- Materials for Resale..........................................................................................................$ -0- Per Diem, Fees and Contracts ........................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 272,250 Total Expenditures Authorized ..............................................................................$ 269,528 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 10 14. Self-Insurance Services Budget: Personal Services...................................................................................,...................! 520,423 Regular Operating Expenses .....................................................................................$ 21,100 Travel............................................................................................................................$ 24,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 2,500 Equipment Purchases......................................................................................................! 900 Computer Charges......................................................................................................! 60,000 Real Estate Rentals....................................................................................................! 26,227 Telecommunications.....................................................................................................! 9,179 Materials for Resale..........................................................................................................! -0- Per Diem, Fees and Contracts..................................................................................! 20,000 Total Funds Budgeted .............................................................................................$ 684,829 Total Expenditures Authorized ..............................................................................$ 678,102 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 23 Budget Unit Object Classes: Personal Services..................................................................................................! 25,163,041 Regular Operating Expenses ................................................................................$ 5,896,656 Travel..........................................................................................................................! 153,100 Motor Vehicle Equipment Purchases................................................................................................................! 285,600 Publications and Printing........................................................................................! 351,000 Equipment Purchases...............................................................................................! 147,262 Computer Charges.................................................................................................! 5,380,344 Real Estate Rentals ...............................................................................................$ 1,481,424 Telecommunications.................................................................................................! 434,845 Per Diem, Fees and Contracts................................................................................! 873,800 Rents and Maintenance Expense......................................................................! 15,756,796 Utilities.........................................................................................................................! 23,980 Payments to DOAS Fiscal Administration....................................................................................................! 2,270,896 Direct Payments to Georgia Building Authority for Operations......................................................................................................................! -0Direct Payments to Georgia Building Authority for Capital Outlay....................................................................................................! 2,001,792 Direct Payments to Georgia Building Authority for Authority Lease Rentals ......................................................................................I 850,000 Direct Payments to Georgia Building Authority for Floyd Buildings Operations..............................................................................! 1,200,000 State Liability Self-Insurance Reserve............................................................................................................................! -0- Telephone Billings ...............................................................................................$ 24,000,000 Materials for Resale...............................................................................................! 5,825,000 MONDAY, MARCH 22, 1982 2537 Public Safety Officers Indemnity Fund ............................................................,.......................................$ 608,800 Total Positions Budgeted 1,111 Authorized Motor Vehicles 284 It is the intent of this General Assembly that the Office of Planning and Budget and all other agencies of State government utilize federal funds wherever possible in connec tion with Workers' Compensation and Unemployment Compensation payments, and that no such payments shall be made to or on behalf of anyone other than bona fide State employees. It is the intent of this General Assembly that income to the Department of Administra tive Services from user agencies shall not exceed the maximum amounts listed below for each service activity: General Services............................................................................................................$ 359,568 Data Processing Service..........................................................................................$ 37,636,837 Motor Pool Service....................................................................................................$ 2,130,389 Communication Services.........................................................................................! 26,982,755 Printing Services ........................................................................................................$ 3,557,094 Total...........................................................................................................................$ 70,666,643 except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropri ate object class or classes of user agency or agencies for which the Department provides service. Provided further, the State Auditor shall report any exceptions or violations of this intent in the annual financial audit of the Department of Administrative Services. Provided, it is the intent of this General Assembly that the Department shall not pur chase, lease, or lease-purchase any additional computer hardware other than that which is authorized in this appropriations Act, unless funds are available for this purpose in the user agencies. Provided, however, the Department is authorized to construct from available funds a surplus property storage facility adjacent to the current facility in Swainsboro, the cost not to exceed $22,000. B. Budget Unit: Georgia Building Authority.............................................................................................................^^ Georgia Building Authority Budget: Personal Services.........................................................................................'.........! 10,391,527 Regular Operating Expenses ................................................................................$ 2,771,582 Travel..............................................................................................................................! 4,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing..........................................................................................! 32,000 Equipment Purchases...............................................................................................! 110,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 60,000 Per Diem, Fees and Contracts................................................................................! 115,000 Capital Outlay ........................................................................................................$ 2,001,792 Authority Lease Rentals .......................................................................................$ 1,039,500 Utilities....................................................................................................................! 4,700,000 Facilities Renovations and Repairs....................................................................................................................! -0- Total Funds Budgeted ........................................................................................$ 21,225,401 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 507 Budget Unit Object Classes: Personal Services..................................................................................................! 10,391,527 2538 JOURNAL OF THE HOUSE, Regular Operating Expenses ................................................................................$ 2,771,582 Travel..............................................................................................................................$ 4,000 Motor Vehicle Equipment Purchases........................................................................................................................$ -0- Publications and Printing..........................................................................................$ 32,000 Equipment Purchases...............................................................................................! 110,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 60,000 Per Diem, Fees and Contracts................................................................................! 115,000 Capital Outlay........................................................................................................! 2,001,792 Authority Lease Rentals .......................................................................................$ 1,039,500 Utilities....................................................................................................................! 4,700,000 Facilities Renovations and Repairs....................................................................................................................! -0- Total Positions Budgeted 507 Authorized Motor Vehicles 39 The Authority is authorized to increase the amount budgeted for Facilities Renovations and Repairs by such amounts as are approved for other Agencies or Authorities of the State by the Office of Planning and Budget, and by such amounts as are received from other sources for renovations or repairs. Section 14. Department of Agriculture. A. Budget Unit: Department of Agriculture...................................................................................................! 21.934.919 1. Plant Industry Budget: Personal Services....................................................................................................! 3,469,800 Regular Operating Expenses ...................................................................................$ 303,871 Travel..........................................................................................................................! 103,715 Motor Vehicle Equipment Purchases......................................................................! 57,800 Publications and Printing..........................................................................................! 28,000 Equipment Purchases.................................................................................................! 70,610 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 2,553 Telecommunications...................................................................................................! 42,381 Per Diem, Fees and Contracts....................................................................................! 1,300 Total Funds Budgeted ..........................................................................................$ 4,080,030 State Funds Budgeted...........................................................................................! 3,530,505 Total Positions Budgeted 185 2. Animal Industry Budget: Personal Services....................................................................................................! 1,148,000 Regular Operating Expenses...................................................................................! 118,480 Travel............................................................................................................................! 43,500 Motor Vehicle Equipment Purchases......................................................................! 43,500 Publications and Printing..........................................................................................! 10,800 Equipment Purchases...................................................................................................! 3,700 Computer Charges.............................................................................................................! -0Real Estate Rentals ..........................................................................................................$ -0Telecommunications...................................................................................................! 46,563 Per Diem, Fees and Contracts..................................................................................! 75,000 Athens Veterinary Laboratory Contract ..................................................................................................................$ 434,550 Tifton Veterinary Laboratory Contract..................................................................................................................! 796,400 MONDAY, MARCH 22, 1982 2539 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston, Statesboro and Tifton ..........................................................................................$ 955,000 Veterinary Fees .........................................................................................................$ 525,000 Indemnities ..................................................................................................................$ 75,000 Capital Outlay ...................................................................................................................f ^ Total Funds Budgeted ..........................................................................................$ 4,275,493 State Funds Budgeted...........................................................................................! 3,906,979 Total Positions Budgeted 56 3. Marketing Budget: Personal Services.......................................................................................................! 869,200 Regular Operating Expenses ...................................................................................$ 137,440 Travel............................................................................................................................! 53,000 Motor Vehicle Equipment Purchases........................................................................! 7,250 Publications and Printing..........................................................................................! 19,980 Equipment Purchases...................................................................................................! 9,275 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 38,250 Per Diem, Fees and Contracts..................................................................................! 33,000 Advertising...................................................................................................................! 55,000 Major Repairs and Maintenance Projects at Major and Minor Markets.....................................................................................................................! 95,000 Total Funds Budgeted ..........................................................................................$ 1,317,395 State Funds Budgeted...........................................................................................! 1,299,590 Total Positions Budgeted 42 4. Major Markets Budget: Personal Services....................................................................................................! 1,814,000 Regular Operating Expenses ...................................................................................$ 751,045 Travel............................................................................................................................! 10,050 Motor Vehicle Equipment Purchases......................................................................! 23,100 Publications and Printing............................................................................................! 6,000 Equipment Purchases.................................................................................................! 13,425 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications ...................................................................................................$ 36,720 Advertising...................................................................................................................! 35,000 Per Diem, Fees and Contracts..................................................................................! 24,650 Major Repairs and Maintenance Projects at Major and Minor Markets...................................................................................................................! 305,000 Total Funds Budgeted..........................................................................................! 3,018,990 State Funds Budgeted..............................................................................................! 507,798 Total Positions Budgeted 115 5. General Agricultural Field Forces Budget: Personal Services....................................................................................................! 1,930,000 Regular Operating Expenses...................................................................................! 118,404 Travel..........................................................................................................................! 188,000 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing............................................................................................! 4,000 Equipment Purchases...................................................................................................! 3,900 Computer Charges.............................................................................................................! -0- 2540 JOURNAL OF THE HOUSE, Real Estate Rentals ......................................................................................................$ 3,600 Telecommunications...................................................................................................$ 19,000 Per Diem, Fees and Contracts.......................................................................................! 200 Total Funds Budgeted ..........................................................................................$ 2,267,104 State Funds Budgeted...........................................................................................! 2,244,433 Total Positions Budgeted 112 6. Internal Administration Budget: Personal Services....................................................................................................! 1,217,000 Regular Operating Expenses ...................................................................................$ 214,138 Travel............................................................................................................................! 28,000 Motor Vehicle Equipment Purchases...................................................................... .$ 7,200 Publications and Printing..........................................................................................! 18,000 Equipment Purchases...................................................................................................! 6,220 Computer Charges....................................................................................................! 128,362 Real Estate Rentals ..................................................................................................$ 515,900 Telecommunications...................................................................................................! 43,000 Per Diem, Fees and Contracts....................................................................................! 1,000 Contract - Federation of Southern Cooperatives...........................................................................................! 10,000 Total Funds Budgeted ..........................................................................................$ 2,188,820 State Funds Budgeted...........................................................................................! 2,123,108 Total Positions Budgeted 57 7. Information and Education Budget: Personal Services.......................................................................................................! 143,000 Regular Operating Expenses.....................................................................................! 14,140 Travel..............................................................................................................................! 1,100 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing........................................................................................! 370,000 Equipment Purchases...................................................................................................! 4,225 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications.....................................................................................................! 6,732 Per Diem, Fees and Contracts........................................................................................! -0- Market Bulletin Postage..........................................................................................! 748,765 Total Funds Budgeted ..........................................................................................$ 1,287,962 State Funds Budgeted...........................................................................................! 1,275,082 Total Positions Budgeted 9 8. Fuel and Measures Standards Budget: Personal Services....................................................................................................! 1,250,000 Regular Operating Expenses ...................................................................................$ 232,373 Travel............................................................................................................................! 90,100 Motor Vehicle Equipment Purchases....................................................................! 121,300 Publications and Printing............................................................................................! 6,000 Equipment Purchases.................................................................................................! 21,100 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 15,964 Per Diem, Fees and Contracts........................................................................................! -0- Total Funds Budgeted ..........................................................................................$ 1,736,837 State Funds Budgeted...........................................................................................! 1,716,004 Total Positions Budgeted 74 9. Consumer Services Budget: Personal Services.......................................................................................................! 640,000 Regular Operating Expenses .....................................................................................$ 66,051 MONDAY, MARCH 22, 1982 2541 Travel............................................................................................................................$ 18,000 Motor Vehicle Equipment Purchases......................................................................! 22,250 Publications and Printing............................................................................................$ 6,200 Equipment Purchases...................................................................................................$ 2,500 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 20,502 Per Diem, Fees and Contracts .......................................................................................$ 500 Total Funds Budgeted .............................................................................................$ 776,003 State Funds Budgeted..............................................................................................! 768,243 Total Positions Budgeted 30 10. Consumer Protection Field Forces Budget: Personal Services....................................................................................................$ 2,903,000 Regular Operating Expenses ...................................................................................$ 132,323 Travel..........................................................................................................................$ 174,600 Motor Vehicle Equipment Purchases......................................................................! 36,150 Publications and Printing............................................................................................! 8,200 Equipment Purchases.................................................................................................! 13,300 Computer Charges.............................................................................................................! -0- Real Estate Rentals ......................................................................................................$ 6,240 Telecommunications...................................................................................................! 34,000 Per Diem, Fees and Contracts........................................................................................! -0- Total Funds Budgeted..........................................................................................! 3,307,813 State Funds Budgeted...........................................................................................! 2,581,735 Total Positions Budgeted 134 11. Meat Inspection Budget: Personal Services....................................................................................................! 2,612,000 Regular Operating Expenses .....................................................................................$ 77,466 Travel..........................................................................................................................! 175,309 Motor Vehicle Equipment Purchases......................................................................! 29,000 Publications and Printing............................................................................................! 3,542 Equipment Purchases......................................................................................................! 660 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 19,584 Per Diem, Fees and Contracts................................................................................! 114,300 Total Funds Budgeted ..........................................................................................$ 3,031,861 State Funds Budgeted...........................................................................................! 1,206,845 Total Positions Budgeted 130 12. Fire Ant Control Budget: Personal Services...............................................................................................................! -0- Regular Operating Expenses...........................................................................................! -0- Travel..................................................................................................................................! -0- Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.........................................................................................................! -0- Per Diem, Fees and Contracts........................................................................................! -0- Fire Ant Bait (approved by Federal Government) ......................................................................................$ 500,000 Total Funds Budgeted .............................................................................................$ 500,000 State Funds Budgeted..............................................................................................! 500,000 Total Positions Budgeted 0 2542 JOURNAL OF THE HOUSE, 13. Georgia Agrirama Development Authority Budget: Direct Payments to Georgia Agrirama Development Authority for Operations..................................................................................... 274.597 Total Funds Budgeted .............................................................................................$ 274,597 State Funds Budgeted..............................................................................................! 274,597 Total Positions Budgeted 0 14. Seed Technology and Development Personal Services.......................................................................................................$ 169,615 Regular Operating Expenses .......................................................................................$ 7,400 Travel..............................................................................................................................? 3,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................! -0- Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.........................................................................................................! -0- Per Diem, Fees and Contracts........................................................................................! -0- Total Funds Budgeted.............................................................................................! 180,015 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services..................................................................................................! 18,165,615 Regular Operating Expenses................................................................................! 2,173,131 Travel..........................................................................................................................! 888,374 Motor Vehicle Equipment Purchases................................................................................................................! 347,550 Publications and Printing........................................................................................! 480,722 Equipment Purchases...............................................................................................! 148,915 Computer Charges....................................................................................................! 128,362 Real Estate Rentals ................................................................................................,,! 528,293 Telecommunications.................................................................................................! 322,696 Per Diem, Fees and Contracts................................................................................! 249,950 Market Bulletin Postage..........................................................................................! 748,765 Fire Ant Bait (approved by Federal Government) ......................................................................................$ 500,000 Athens Veterinary Laboratory Contract..................................................................................................................! 434,550 Tifton Veterinary Laboratory Contract..................................................................................................................! 796,400 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston Statesboro and Tifton ..........................................................................................$ 955,000 Veterinary Fees.........................................................................................................! 525,000 Indemnities..................................................................................................................! 75,000 Advertising Contract ..................................................................................................$ 90,000 Direct Payments to Georgia Agrirama Development Authority for Operations........................................................................................................! 274,597 Repairs to Major and Minor Markets.......................................................................................................! 400,000 Contract - Federation of Southern Cooperatives...........................................................................................! 10,000 MONDAY, MARCH 22, 1982 2543 Capital Outlay.........................................................^-..................................................$ -0- Total Positions Budgeted 952 Authorized Motor Vehicles 259 Provided, that of the above appropriation relative to Regular Operating Expenses, $45,000 is designated and committed for livestock shows relating to research and promot ing and $10,000 is designated and committed for poultry shows relating to research and promoting. Provided, that of the above appropriation, the Department is authorized and directed to notify dairy farmers of milk-sample test results after each test. Provided, that of the above appropriation relating to Repairs to Major and Minor Mar kets, no expenditure shall be made without prior approval of the Georgia Building Author ity (Markets). It is the intent of this General Assembly that the Department of Agriculture shall not increase farmers market gate fees for Georgia farmers and that no new fees be imposed on Georgia farmers. Provided however, of the above appropriated amount, $25,000 is designated and commit ted for "on-farm" testing for brucellosis in cattle to be transported out of Georgia. B. Budget Unit: Georgia Agrirama Development Authority ....................................................................................$ -0- Georgia Agrirama Development Authority Budget: Personal Services.......................................................................................................$ 451,000 Regular Operating Expenses ...................................................................................$ 100,000 Travel..............................................................................................................................$ 6,732 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 14,610 Equipment Purchases......................................................................................................$ 625 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .....................................................................................................$ 5,700 Per Diem, Fees and Contracts..................................................................................$ 26,488 Capital Outlay .............................................................................................................$ 41,950 Goods for Resale .........................................................................................................$ 91,885 Sales Tax......................................................................................................................$ 10,300 Total Funds Budgeted .............................................................................................$ 749,290 State Funds Budgeted......................................................................................................$ -0- Total Positions Budgeted 27 Budget Unit Object Classes: Personal Services.......................................................................................................$ 451,000 Regular Operating Expenses ...................................................................................$ 100,000 Travel..............................................................................................................................$ 6,732 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing.....................................................,....................................$ 14,610 Equipment Purchases......................................................................................................$ 625 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .....................................................................................................$ 5,700 Per Diem, Fees and Contracts..................................................................................^ 26,488 Capital Outlay .............................................................................................................$ 41,950 Sales Tax......................................................................................................................$ 10,300 Goods for Resale .........................................................................................................$ 91,885 Total Positions Budgeted 27 Authorized Motor Vehicles 5 Provided, the Authority is hereby authorized to budget additional agency income for the purpose of providing a retirement plan for its employees. 2544 JOURNAL OF THE HOUSE, Section 15. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .................................................................................................$ 3,158.431 Administration and Examination Budget: Personal Services....................................................................................................$ 2,610,000 Regular Operating Expenses ...................................................................................$ 142,485 Travel..........................................................................................................................$ 234,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 36,000 Equipment Purchases...................................................................................................$ 6,100 Computer Charges ........................................................................................................$ 9,889 Real Estate Rentals ..................................................................................................$ 117,450 Telecommunications .........................................,.........................................................$ 31,400 Per Diem, Fees and Contracts....................................................................................$ 2,000 Total Funds Budgeted ..........................................................................................$ 3,189,324 State Funds Budgeted...........................................................................................$ 3,158,431 Total Positions Budgeted 102 Budget Unit Object Classes: Personal Services....................................................................................................? 2,610,000 Regular Operating Expenses ...................................................................................$ 142,485 Travel..........................................................................................................................? 234,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................? 36,000 Equipment Purchases...................................................................................................? 6,100 Computer Charges........................................................................................................? 9,889 Real Estate Rentals..................................................................................................? 117,450 Telecommunications......................................................,............................................? 31,400 Per Diem, Fees and Contracts....................................................................................? 2,000 Total Positions Budgeted 102 Authorized Motor Vehicles 21 Section 16. Department of Community Affairs. A. Budget Unit: Department of Community Affairs.......................................................................................? 4,273,114 1, Executive and Administrative Budget: Personal Services.......................................................................................................? 616,450 Regular Operating Expenses.....................................................................................? 40,610 Travel............................................................................................................................? 12,000 Motor Vehicle Equipment Purchases...............................,.............,..............................? -0- Publications and Printing............................................................................................? 7,500 Equipment Purchases.......................................................................................................? -0- Computer Charges...........................................................................................................? 100 Real Estate Rentals....................................................................................................? 95,179 Telecommunications...............................................................................................,...? 11,000 Per Diem, Fees and Contracts....................................................................................? 9,000 Capital Felony Expenses............................................................................................? 50,000 Multi-State Transportation Board...........................................................................? 10,000 Grants to Area Planning and Development Commissions...............................................................................? 1,350,000 Grants for Revitalization Projects...................................................................................................................? 160,000 Local Assistance Grants...........................................................................................? 348,000 Total Funds Budgeted..........................................................................................? 2,709,839 State Funds Budgeted...........................................................................................? 2,495,364 Total Positions Budgeted 21 MONDAY, MARCH 22, 1982 2545 2. Technical Assistance Budget: Personal Services.......................................................................................................! 452,635 Regular Operating Expenses .....................................................................................$ 21,950 Travel............................................................................................................................! 34,000 Motor Vehicle Equipment Purchases ........................................................................$ 6,200 Publications and Printing..........................................................................................! 10,100 Equipment Purchases......................................................................................................! 530 Computer Charges...........................................................................................................! 900 Real Estate Rentals ....................................................................................................$ 26,396 Telecommunications...................................................................................................! 11,550 Per Diem, Fees and Contracts..................................................................................! 24,100 Total Funds Budgeted ...........................................................................................,,! 588,361 State Funds Budgeted..............................................................................................! 568,617 Total Positions Budgeted 17 3. Information Services Budget: Personal Services.......................................................................................................! 243,800 Regular Operating Expenses.......................................................................................! 7,240 Travel..............................................................................................................................! 5,600 Motor Vehicle Equipment Purchases.,..........................................................................! -0- Publications and Printing............................................................................................! 2,500 Equipment Purchases.......................................................................................................! -0- Computer Charges........................................................................................................! 1,500 Real Estate Rentals......................................................................................................! 8,858 Telecommunications.....................................................................................................! 3,000 Per Diem, Fees and Contracts....................................................................................! 5,600 Postage................................................................................................................................! -0- Juvenile Justice Grant .........................................................................................^ 1,000,000 Capital Outlay...................................................................................................................! & Total Funds Budgeted..........................................................................................! 1,278,098 State Funds Budgeted..............................................................................................! 160,621 Total Positions Budgeted 9 4. Community Betterment Budget: Personal Services.........................................................................,.............................! 300,770 Regular Operating Expenses....----.............----...............------------.....----! 11,060 Travel............................................................................................................................! 20,000 Motor Vehicle Equipment Purchases.............................--.........................................! -0- Publications and Printing............................................................................................! 4,000 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals ..................................................................................................,,! 14,047 Telecommunications.....................................................................................................! 7,300 Per Diem, Fees and Contracts..................................,.................................................! 5,450 Total Funds Budgeted.............................................................................................! 362,627 State Funds Budgeted..................................................................,,..........................! 359,001 Total Positions Budgeted 11 5. Community Development Budget: Personal Services.............................................................................----$ 755.410 Regular Operating Expenses ......------....----....--.....,..--.----.--------------$ 25,965 Travel............................................................,-...............................................--...........? 61,320 Motor Vehicle Equipment Purchases .................................------..,.--..----..------$ -0Publications and Printing....................--..,,........--..----....----.----..----..! 22,300 Equipment Purchases...........................................................--......................................,..$ -0- CompwterCharges................................................................--------------------------$ 4,500 Real Estate Rentals.........................................-...----...-......---..-....-----..-.I 41,280 Telecommunications....................................................--.--..--..........................------$ 39,800 2546 JOURNAL OF THE HOUSE, Per Diem, Fees and Contracts..................................................................................$ 45,600 Appalachian Regional Commission Assessment ...............................................................................................................^ 56.720 Total Funds Budgeted ..........................................................................................$ 1,052,895 State Funds Budgeted..............................................................................................$ 689,511 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services....................................................................................................? 2,369,065 Regular Operating Expenses ...................................................................................$ 106,825 Travel..........................................................................................................................? 132,920 Motor Vehicle Equipment Purchases........................................................................? 6,200 Publications and Printing..........................................................................................? 46,400 Equipment Purchases......................................................................................................? 530 Computer Charges........................................................................................................? 7,000 Real Estate Rentals..................................................................................................? 185,760 Telecommunications...................................................................................................? 72,650 Per Diem, Fees and Contracts..................................................................................? 89,750 Capital Felony Expenses............................................................................................? 50,000 Grants to Area Planning and Development Commissions...............................................................................? 1,350,000 Local Assistance Grants...........................................................................................? 348,000 Grants to Revitalization Projects...................................................................................................................? 160,000 Appalachian Regional Commission Assessment...............................................................................................................? 56,720 Multi-State Transportation Board...........................................................................? 10,000 Juvenile Justice Grants.........................................................................................? 1,000,000 Total Positions Budgeted 86 Authorized Motor Vehicles 4 Provided that of the above appropriations ?10,000 is designated and committed for The Multi-State Transportation Board. Provided, that of the above appropriation relating to Grants for Revitalization Projects, ?160,000 is designated and committed for grants to cities and counties for revitalization projects in depressed downtown areas. Provided, however, that of the above appropriation relative to grants to Area Planning and Development Commissions, ?1,350,000.00 is designated and committed for Area Plan ning and Development Commissions to carry out their duties as defined in Code Chapter 50-8-35(1), (2) and (4). B. Budget Unit: Georgia Residential Finance Authority ...................................................................................................$ -0- Georgia Residential Finance Authority Budget: Personal Services....................................................................................................? 1,666,686 Regular Operating Expenses...................................................................................? 176,864 Travel...........-...-...-.......................................................----......-.....---...-...? 85,400 Motor Vehicle Equipment Purchases..............----------------.----.--...............................--.------------$ 55,000 Publications and Printing................................................................................-.........? 40,500 Equipment Purchases......................................,......................................................--.? 32,750 Computer Charges....................................................................................................-? 14,500 ial Estate Rentals........................................................................................-.......? 102,556 ^communications....................................................................................--...------? 75,sflO ~>iem, Fees and Contracts.............................................................................-? 300,650 Assistance Payments ..............................,...............................................$ 10,264,214 to Housing Sponsors....................................................................................? 475,000 MONDAY, MARCH 22, 1982 2547 Total Funds Budgeted ........................................................................................$ 13,289,620 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 73 Authorized Motor Vehicles 29 Budget Unit Object Classes: Personal Services....................................................................................................! 1,666,686 Regular Operating Expenses ......,............................................................................$ 176,864 Travel............................................................................................................................! 85,400 Motor Vehicle Equipment Purchases..................................................................................................................! 55,000 Publications and Printing..........................................................................................! 40,500 Equipment Purchases.................................................................................................! 32,750 Computer Charges......................................................................................................! 14,500 Real Estate Rentals..................................................................................................! 102,556 Telecommunications................................,..................................................................! 75,500 Per Diem, Fees and Contracts................................................................................! 300,650 Rental Assistance Payments..............................................................................! 10,264,214 Grants to Housing Sponsors....................................................................................! 475,000 Total Positions Budgeted 73 Authorized Motor Vehicles 29 Section 17. Office of Comptroller General. Budget Unit: Office of Comptroller General .........................................................................................................$ 5,589,561 1. Internal Administration Budget: Personal Services.......................................................................................................! 501,600 Regular Operating Expenses.....................................................................................! 90,028 Travel..............................................................................................................................! 5,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 7,500 Equipment Purchases......................................................................................................! 165 Computer Charges....................................................................................................! 232,080 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 14,538 Per Diem, Fees and Contracts........................................................................................! -0- Total Funds Budgeted .............................................................................................$ 851,411 State Funds Budgeted..............................................................................................! 833,257 Total Positions Budgeted 21 2. Insurance Regulation Budget: Personal Services....................................................................................................! 1,009,987 Regular Operating Expenses .....................................................................................$ 48,735 Travel..............................................................................................................................! 6,750 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing........................................................................................! 101,940 Equipment Purchases...................................................................................................! 2,480 Computer Charges......................................................................................................! 49,185 Real Estate Rentals....................................................................................................! 20,195 Telecommunications...................................................................................................! 23,888 Per Diem, Fees and Contracts....................................................................................! 3,000 Computer Equipment and Feasibility Study...........................................................................................................! -0- Total Funds Budgeted ..........................................................................................$ 1,266,160 State Funds Budgeted...........................................................................................! 1,169,503 Total Positions Budgeted 46 2548 JOURNAL OF THE HOUSE, 3. Industrial Loans Regulation Budget: Personal Services.......................................................................................................$ 342,000 Regular Operating Expenses .....................................................................................$ 21,094 Travel............................................................................................................................$ 19,000 Motor Vehicle Equipment Purchases ........................................................................$ 5,500 Publications and Printing............................................................................................$ 5,250 Equipment Purchases.......................................................................................................$ -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications .....................................................................................................$ 5,592 Per Diem, Fees and Contracts ........................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 398,436 State Funds Budgeted..............................................................................................! 394,507 Total Positions Budgeted 14 4. Information and Enforcement Budget: Personal Services.......................................................................................................! 930,000 Regular Operating Expenses .....................................................................................$ 36,935 Travel............................................................................................................................$ 28,224 Motor Vehicle Equipment Purchases........................................................................! 7,250 Publications and Printing............................................................................................! 3,400 Equipment Purchases......................................................................................................! 800 Computer Charges.............................................................................................................! -0- Real Estate Rentals ....................................................................................................$ 21,753 Telecommunications...................................................................................................! 31,578 Per Diem, Fees and Contracts........................................................................................! -0- Total Funds Budgeted ..........................................................................................$ 1,059,940 State Funds Budgeted...........................................................................................! 1,049,341 Total Positions Budgeted 45 5. Fire Safety and Mobile Home Regulation Budget: Personal Services....................................................................................................! 2,094,000 Regular Operating Expenses.....................................................................................! 94,274 Travel..........................................................................................................................! 135,000 Motor Vehicle Equipment Purchases......................................................................! 93,000 Publications and Printing..........................................................................................! 16,500 Equipment Purchases...................................................................................................! 2,172 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 36,844 Telecommunications...................................................................................................! 27,297 Per Diem, Fees and Contracts..................................................................................! 10,000 Total Funds Budgeted ..........................................................................................! 2,509,087 State Funds Budgeted........,..................................................................................! 2,142,953 Total Positions Budgeted 104 Budget Unit Object Classes: Personal Services....................................................................................................! 4,877,587 Regular Operating Expenses ..................................................,................................$ 291,066 Travel..........................................................................................................................! 194,474 Motor Vehicle Equipment Purchases....................................................................! 105,750 Publications and Printing....................................................................,...................! 134,590 Equipment Purchases...................................................................................................! 5,617 Computer Charges....................................................................................................! 281,265 Real Estate Rentals....................................................................................................! 78,792 Telecommunications.................................................................................................! 102,893 MONDAY, MARCH 22, 1982 2549 Computer Equipment and Feasibility Study ...........................................................................................................$ -0- Per Diem, Fees and Contracts..................................................................................$ 13,000 Total Positions Budgeted 230 Authorized Motor Vehicles 57 Section 18. Department of Defense. Budget Unit: Department of Defense ..................................................................| 2,691,898 1. Administration and Support of State Militia Budget: Personal Services.......................................................................................................$ 858,500 Regular Operating Expenses .....................................................................................$ 99,200 Travel..............................................................................................................................$ 3,000 Motor Vehicle Equipment Purchases ........................................................................$ 8,000 Publications and Printing..........................................................................................$ 20,850 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................? -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 23,500 Per Diem, Fees and Contracts..................................................................................? 19,800 Military Assistance to Safety and Traffic Grant.............................................................................................? -0- Georgia Military Institute Grant..............................................................................? 18,000 Civil Air Patrol Contract...........................................................................................? 40,000 Capital Outlay...................................................................................................................? -0- Total Funds Budgeted..........................................................................................? 1,090,850 State Funds Budgeted...........................................................................................? 1,065,225 Total Positions Budgeted 36 2. Civil Defense Budget: Personal Services.......................................................................................................? 794,306 Regular Operating Expenses...................................................................................? 103,920 Travel............................................................................................................................? 17,400 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing..........................................................................................? 14,100 Equipment Purchases.......................................................................................................? -0- Computer Charges.............................................................................................................? -0- Real Estate Rentals......................................................................................................? 3,600 Telecommunications...................................................................................................? 32,500 Per Diem, Fees and Contracts..................................................................................? 26,000 Local Civil Defense Grants - Project Application.................................................................................................? 30,000 Local Civil Defense Grants - Training ....................................................................................................$ 45,000 Total Funds Budgeted..........................................................................................? 1,066,826 State Funds Budgeted..............................................................................................? 556,063 Total Positions Budgeted 33 3. Construction and Facilities Maintenance Budget: Personal Services.......................................................................................................? 112,250 Regular Operating Expenses...................................................................................? 118,140 Travel..............................................................................................................................? 2,000 Motor Vehicle Equipment Purchases............................................................................? -0Publications and Printing................................................................................................? -0Equipment Purchases.................................................................................................? 18,700 Computer Charges.............................................................................................................? -0Real Estate Rentals..........................................................................................................? -0- 2550 JOURNAL OF THE HOUSE, Telecommunications.........................................................................................................! -0- Per Diem, Fees and Contracts....................................................................................! 1,500 Grants to National Guard Units ............................................................................$ 362,140 Repairs and Renovations ...........................................................................................$ 43,000 Capital Outlay ...............................................................................................................$ 5,242 Total Funds Budgeted .............................................................................................$ 662,972 State Funds Budgeted..............................................................................................! 660,446 Total Positions Budgeted 5 4. Disaster Preparedness and Recovery Budget: Personal Services.......................................................................................................! 268,950 Regular Operating Expenses.....................................................................................! 17,540 Travel............................................................................................................................! 13,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 6,500 Equipment Purchases......................................................................................................! 350 Computer Charges.............................................................................................................! -0- Real Estate Rentals ....................................................................................................,,! 5,000 Telecommunications.....................................................................................................! 3,250 Per Diem, Fees and Contracts.........................................................,.............................! 600 Total Funds Budgeted.............................................................................................! 315,190 State Funds Budgeted................................................................................................! 21,648 Total Positions Budgeted 12 5. Service Contracts Budget: Personal Services....................................................................................................! 2,062,519 Regular Operating Expenses................................................................................! 1,677,760 Travel..............................................................................................................................! 2,100 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................! -0- Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.........................................................................................................! -0- Per Diem, Fees and Contracts........................................................................................! -0- Repairs and Renovations ...........................................................................................$ 75,000 Total Funds Budgeted ..........................................................................................$ 3,817,379 State Funds Budgeted..............................................................................................! 388,516 Total Positions Budgeted 121 Budget Unit Object Classes: Personal Services....................................................................................................! 4,096,525 Regular Operating Expenses ................................................................................$ 2,016,560 Travel............................................................................................................................! 37,500 Motor Vehicle Equipment Purchases........................................................................! 8,000 Publications and Printing..........................................................................................! 41,450 Equipment Purchases.................................................................................................! 19,050 Computer Charges.............................................................................................................! -0Real Estate Rentals......................................................................................................! 8,600 Telecommunications.....................................................................................,.............! 59,250 Per Diem, Fees and Contracts..................................................................................! 47,900 Military Assistance to Safety and Traffic Grant.............................................................................................! -0National Guard Units Grants.................................................................................! 362,140 Georgia Military Institute Grant..............................................................................! 18,000 Civil Air Patrol Contract...........................................................................................! 40,000 Capital Outlay ...............................................................................................................$ 5,242 MONDAY, MARCH 22, 1982 2551 Local Civil Defense Grants - Project Application.................................................................................................$30,000 Local Civil Defense Grants - Training....................................................................................................! 45,000 Repairs and Renovations .........................................................................................$ 118,000 Total Positions Budgeted 207 Authorized Motor Vehicles 20 Section 19. State Board of Education - Department of Education. A. Budget Unit: Department of Education................................................................................................! 1,330,677,009 1. Instructional Services Budget: Personal Services....................................................................................................? 4,212,485 Regular Operating Expenses ...................................................................................$ 807,420 Travel..........................................................................................................................? 284,040 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing........................................................................................? 283,980 Equipment Purchases.................................................................................................? 22,845 Real Estate Rentals..................................................................................................? 152,900 Telecommunications.................................................................................................? 118,510 Per Diem, Fees and Contracts..........................................,.....................................? 140,250 Utilities...........................................................................................................................? 4,000 Total Funds Budgeted..........................................................................................? 6,026,430 Indirect DOAS Services Funding.....................................................................................................................? 51,000 State Funds Budgeted...........................................................................................? 3,492,599 Total Positions Budgeted 189 2. Governor's Honors Program Budget: Personal Services.......................................................................................................? 272,420 Regular Operating Expenses.....................................................................................? 24,635 Travel..............................................................................................................................? 3,395 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing............................................................................................? 1,600 Equipment Purchases...................................................................................................? 1,000 Real Estate Rentals ......................................................................................................$ 2,880 Telecommunications.....................................................................................................? 5,695 Per Diem, Fees and Contracts................................................................................? 355,920 Total Funds Budgeted.............................................................................................? 667,545 State Funds Budgeted..............................................................................................? 660,870 Total Positions Budgeted 2 3. Vocational Education Budget: Personal Services....................................................................................................? 2,897,980 Regular Operating Expenses...................................................................................? 174,120 Travel..........................................................................................................................? 223,725 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing..........................................................................................? 66,040 Equipment Purchases...................................................................................................? 7,385 Real Estate Rentals..................................................................................................? 151,520 Telecommunications...................................................................................................? 87,930 Per Diem, Fees and Contracts.............................................................................? 2,251,200 Utilities.........................................................................................................................? 11,870 Total Funds Budgeted..........................................................................................? 5,871,770 State Funds Budgeted...........................................................................................? 2,068,084 Total Positions Budgeted 111 2552 JOURNAL OF THE HOUSE, 4. Public Library Services Budget: Personal Services.....................................................;.................................................! 906,000 Regular Operating Expenses .................................................................-......-............$ 173,240 Travel............................................................................................................................$ 16,625 Publications and Printing..........................................................................................! 13,000 Equipment Purchases...................................................................................................! 6,200 Real Estate Rentals..................................................................................................! 152,065 Telecommunications...................................................................................................! 38,760 Per Diem, Fees and Contracts..................................................................................! 85,200 Utilities.........................................................................................................................! 11,710 Total Funds Budgeted..........................................................................................! 1,402,800 State Funds Budgeted..............................................................................................! 801,954 Total Positions Budgeted 52 5. State Administration Budget: Personal Services.......................................................................................................! 926,000 Regular Operating Expenses...................................................................................$ 251,870 Travel............................................................................................................................! 37,555 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 14,000 Equipment Purchases...................................................................................................! 6,000 Real Estate Rentals....................................................................................................! 56,330 Telecommunications..................................................................,................................! 26,590 Per Diem, Fees and Contracts................................................................................! 242,000 Total Funds Budgeted ..........................................................................................$ 1,560,345 State Funds Budgeted...........................................................................................! 1,189,188 Total Positions Budgeted 32 6. Administrative Services Budget: Personal Services....................................................................................................! 4,900,000 Regular Operating Expenses ...................................................................................$ 229,625 Travel..........................................................................................................................! 339,095 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing........................................................__.,,......................$ 182,835 Equipment Purchases................................................................,................................! 17,525 Computer Charges.........................................,.......................,..,....,...,...,....,........,....! 857,250 Real Estate Rentals......................................................................................._....,,$ 261,340 Telecommunications......................................................,.....................................TM.! 117,720 Per Diem, Fees and Contracts..................................................................................! 74,250 Utilities...........................................................................................................................! 6,895 Total Funds Budgeted..........................................................................................! 6,986,535 Indirect DOAS Services Funding...........................................................................! 289,000 State Funds Budgeted...........................................................................................! 4,428,312 Total Positions Budgeted 219 7. Certification of Public School Personnel Budget: Personal Services.......................................................................................................! 536,640 Regular Operating Expenses ...................................................................................,,! 30,135 Travel..............................................................................................................................! 1,500 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing............................................................................................! 7,500 Equipment Purchases................,......................................................................................! -0Computer Charges.............................................................................................................! -0Real Estate Rentals..................................................................................................,.! 30,000 Telecommunications...................................................................................................! 17,820 Per Diem, Fees and Contracts........................................................................................! -0Total Funds Budgeted .............................................................................................$ 623,595 MONDAY, MARCH 22, 1982 2553 State Funds Budgeted..............................................................................................! 579,716 Total Positions Budgeted 32 8. Planning and Development Budget: Personal Services....................................................................................................! 2,201,430 Regular Operating Expenses .....................................................................................$ 74,495 Travel..........................................................................................................................! 100,305 Motor Vehicle Equipment Purchases.............................................,..............................! -0- Publications and Printing..........................................................................................! 73,650 Equipment Purchases...................................................................................................! 5,350 Real Estate Rentals....................................................................................................! 95,230 Telecommunications...................................................................................................! 56,885 Per Diem, Fees and Contracts.............................................................................! 1,294,460 Total Funds Budgeted ..........................................................................................$ 3,901,805 State Funds Budgeted...........................................................................................! 3,143,606 Total Positions Budgeted 79 9. Professional Standards Commission Budget: Personal Services.........................................................................................................! 55,220 Regular Operating Expenses.....................................................................................! 10,090 Travel..............................................................................................................................! 2,000 Publications and Printing............................................................................................! 6,050 Equipment Purchases.......................................................................................................! -0- Real Estate Rentals......................................................................................................! 4,700 Telecommunications.....................................................................................................! 3,100 Per Diem, Fees and Contracts..................................................................................! 49,645 Total Funds Budgeted .............................................................................................$ 130,805 State Funds Budgeted..............................................................................................! 129,497 Total Positions Budgeted 2 10. Vocational Advisory Council Budget: Personal Services.........................................................................................................! 80,045 Regular Operating Expenses .....................................................................................$ 14,160 Travel..............................................................................................................................! 7,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 10,000 Equipment Purchases...................................................................................................! 2,600 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 7,000 Telecommunications.....................................................................................................! 3,830 Per Diem, Fees and Contracts..................................................................................! 25,000 Total Funds Budgeted.............................................................................................! 149,635 State Funds Budgeted.........................................,............................................................! -0- Total Positions Budgeted 3 11. Professional Practices Commission Budget: Personal Services.......................................................................................................! 215,000 Regular Operating Expenses.......................................................................................! 9,585 Travel............................................................................................................................! 12,640 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing............................................................................................! 1,600 Equipment Purchases.......................................................................................................! -0Computer Charges.............................................................................................................! -0Real Estate Rentals....................................................................................................! 20,150 2554 JOURNAL OF THE HOUSE, Telecommunications.....................................................................................................! 5,930 Per Diem, Fees and Contracts ..................................................................................$ 46.000 Total Funds Budgeted .............................................................................................$ 310,905 State Funds Budgeted..............................................................................................! 308,096 Total Positions Budgeted 8 12. Local Programs Budget: APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) (Code Section 20-2-157(a))...................................................................................! 544,949,673 Salaries of Instructional Personnel (Sec. 5) (Code Section 20-2-152)..........................................................................................$ 94,051,289 Salaries of Instructional Personnel .......................................................................................................$ 21,550,825 Salaries of Student Supportive Personnel...................................................................................! 23,955,725 Salaries of Administrative and Supervisory Personnel.......................................................................................................! 63,945,511 Special Education Leadership Personnel....................................................................................! 3,025,845 Instructional Media.........................................................................................! 19,781,030 Instructional Equipment......................................................................................! 684,906 Maintenance and Operation ...........................................................................$ 92,292,081 Sick and Personal Leave...................................................................................! 5,494,770 Travel...................................................................................................................! 1,004,534 Pupil Transportation .......................................................................................$ 81,662,900 Isolated Schools.....................................................................................................! 507,354 Mid-Term Adjustment.................................................................................................! -0Non-APEG Grants: Education of Children of Low-Income Families...................................................................................! 74,806,645 Teacher Retirement.........................................................................................! 93,462,616 Instructional Services for the Handicapped..........................................................................................! 21,441,620 Preparation of Professional Personnel in Education of Handicapped Children...................................................................................! 65,000 Tuition for the Multihandicapped....................................................................................................! 1,172,000 Severely Emotionally Disturbed .......................................................................................................$ 15,229,291 Compensatory Education................................................................................! 16,331,747 School Lunch (Federal)................................................................................-! 101,184,050 School Lunch (State) .......................................................................................$ 14,565,705 Supplementary Education Centers and Services.................................................................................................! -0Staff Development ................................................................................................$ 927,500 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification.........................................................................................! 3,568,657 Cooperative Educational Service Agencies.............................................................................................! 3,816,447 Superintendents' Salaries .................................................................................$ 4,670,931 MONDAY, MARCH 22, 1982 2555 High School Program ....,,.........,,...........,,........................................................$ 26,736,897 Area Vocational-Technical Schools ...........................................................................................................$ 57,467,362 Junior College Vocational Program ...........................................................................................................$ 2,468,383 Quick Start Program .........................................................................................? 2,800,000 Comprehensive Employment and Training ...................................................................................................$ 3,595,000 Vocational Research and Curriculum .........................................................................................................$ 974,980 Adult Education.................................................................................................? 3,621,358 Salaries and Travel of Public Librarians............................................................................................? 4,218,764 Public Library Materials...................................................................................? 3,515,912 Talking Book Centers...........................................................................................? 684,527 Public Library Maintenance and Operation.................................................................................................? 2,671,286 Public Library Construction........................................................................................? -0- Competency-Based High School Graduation Requirements................................................................................? 250,000 Instructional Aides.............................................................................................? 8,907,836 Teacher Health Insurance..............................................................................? 32,339,000 Capital Outlay.......................................................................................................? 225,000 Grants to Local School Systems for Educational Purposes.........................................................................................................? 75,000,000 Indo-Chinese Refugee............................................,......................................................? -0- Salaries of Extended Pre-School Personnel,..................................................................................? 10,099,424 Chapter II - Block Grant Flow Through..................................................................................................? 8,879,225 Area Vocational Technical School Construction..................................................................................................?_ -0- Total Funds Budgeted...................................................................................? 1,548,603,606 State Funds Budgeted....................................................................................? 1,313,875,087 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services..................................................................................................? 17,203,220 Regular Operating Expenses................................................................................? 1,799,375 Travel.......................................................................................................................? 1,027,880 Motor Vehicle Equipment Purchases........................................................................................................................? -0Publications and Printing........................................................................................? 660,255 Equipment Purchases.................................................................................................? 68,905 Computer Charges....................................................................................................? 857,250 Real Estate Rentals..................................................................................................? 934,115 Telecommunications.................................................................................................? 482,770 Per Diem, Fees and Contracts.............................................................................? 4,563,925 Utilities.........................................................................................................................? 34,475 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) (Code Section 20-2-157(a))...................................................................................? 544,949,673 Salaries of Instructional Personnel (Sec. 5) (Code Section 20-2-152)..........................................................................................? 94,051,289 2556 JOURNAL OF THE HOUSE, Salaries of Instructional Personnel .......................................................................................................$ 21,550,825 Salaries of Student Supportive Personnel...................................................................................$ 23,955,725 Salaries of Administrative and Supervisory Personnel .......................................................................................................$ 63,945,511 Special Education Leadership Personnel ....................................................................................$ 3,025,845 Instructional Media .........................................................................................$ 19,781,030 Instructional Equipment......................................................................................! 684,906 Maintenance and Operation...........................................................................! 92,292,081 Sick and Personal Leave......................,............................................................! 5,494,770 Travel......................................................,............................................................$ 1,004,534 Pupil Transportation - Regular...........................................................................................................! 81,662,900 Isolated Schools.....................................................................................................! 507,354 Mid-Term Adjustment.................................................................................................! -0Non-APEG Grants: Education of Children of Low-Income Families...................................................................................! 74,806,645 Teacher Retirement.........................................................................................! 93,462,616 Instructional Services for the Handicapped..........................................................................................! 21,441,620 Preparation of Professional Personnel in Education of Handicapped Children...................................................................................! 65,000 Tuition for the Multihandicapped....................................................................................................! 1,172,000 Severely Emotionally Disturbed.......................................................................................................! 15,229,291 Compensatory Education................................................................................! 16,331,747 School Lunch (Fed.) ......................................................................................$ 101,184,050 School Lunch (State).......................................................................................! 14,565,705 Supplementary Education Centers and Services.................................................................................................! -0Staff Development................................................................................................! 927,500 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification.........................................................................................! 3,568,657 Cooperative Educational Service Areas...................................................................................................! 3,816,447 Superintendents Salaries ..................................................................................$ 4,670,931 High School Program......................................................................................! 26,736,897 Area School Program.......................................................................................! 57,467,362 Junior College Program.....................................................................................! 2,468,383 Quick Start..........................................................................................................! 2,800,000 Comprehensive Employment and Training...................................................................................................! 3,595,000 Vocational Research and Curriculum.........................................................................................................! 974,980 Adult Education.................................................................................................! 3,621,358 Salaries and Travel of Public Librarians............................................................................................! 4,218,764 Public Library Materials...................................................................................! 3,515,912 Talking Book Centers...........................................................................................! 684,527 MONDAY, MARCH 22, 1982 2557 Public Library M & 0.......................................................................................$ 2,671,286 Public Library Construction................................................:.......................................$ -0- Competency-Based High School Graduation Requirements................................................................................$ 250,000 Instructional Aides.............................................................................................? 8,907,836 Teacher Health Insurance ..............................................................................$ 32,339,000 Capital Outlay .......................................................................................................$ 225,000 Grants to Local School Systems for Educational Purposes.........................................................................................................? 75,000,000 Indo-Chinese Refugee...................................................................................................? -0- Salaries of Extended Pre-School Personnel...................................................................................? 10,099,424 Area Vo-Tech School Construction...............................................................................................................I -0- Chapter II - Block Grant Flow Through .....................................................................................................$ 8,879,225 Total Positions Budgeted 729 Authorized Motor Vehicles 17 B. Budget Unit: Institutions.................................................................................? 14,364,847 1. Georgia Academy for the Blind Budget: Personal Services....................................................................................................! 2,393,390 Regular Operating Expenses ...................................................................................$ 270,300 Travel..............................................................................................................................$ 3,150 Motor Vehicle Equipment Purchases ......................................................................$ 38,880 Publications and Printing..................,.........................................................................? 3,845 Equipment Purchases.................................................................................................? 30,000 Telecommunications...................................................................................................$ 16,700 Per Diem, Fees and Contracts....................................................................................? 8,500 Utilities.......................................................................................................................? 163,165 Capital Outlay.............................................................................................................? 12,000 Total Funds Budgeted..........................................................................................? 2,939,930 State Funds Budgeted...........................................................................................? 2,649,107 Total Positions Budgeted 154 2. Georgia School for the Deaf Budget: Personal Services....................................................................................................? 4,264,300 Regular Operating Expenses...................................................................................? 553,925 Travel..............................................................................................................................? 9,500 Motor Vehicle Equipment Purchases......................................................................? 26,900 Publications and Printing................................................................................................? -0- Equipment Purchases.................................................................................................? 19,220 Telecommunications...................................................................................................? 21,285 Per Diem, Fees and Contracts..................................................................................? 12,650 Utilities.......................................................................................................................? 306,000 Capital Outlay...............................................................................................................? 4,000 Total Funds Budgeted..........................................................................................? 5,217,780 State Funds Budgeted...........................................................................................? 4,810,541 Total Positions Budgeted 265 3. Atlanta Area School for the Deaf Budget: Personal Services....................................................................................................? 1,722,610 Regular Operating Expenses...................................................................................? 184,359 Travel..............................................................................................................................? 3,500 2558 JOURNAL OF THE HOUSE, Motor Vehicle Equipment Purchases ..........................................................................,,! -0- Publications and Printing............................................................................................! 1,500 Equipment Purchases.................................................................................................! 39,900 Telecommunications...................................................................................................! 21,025 Per Diem, Fees and Contracts....................................................................................! 6,000 Utilities.......................................................................................................................! 110,000 Capital Outlay ...................................................................................................................$ -0- Total Funds Budgeted..........................................................................................! 2,088,894 State Funds Budgeted...........................................................................................! 1,856,669 Total Positions Budgeted 94 4. North Georgia Vocational-Technical School Budget: Personal Services....................................................................................................! 2,291,810 Regular Operating Expenses...................................................................................! 674,195 Travel............................................................................................................................! 16,630 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 6,000 Equipment Purchases...............................................................................................! 244,685 Telecommunications...................................................................................................! 15,265 Per Diem, Fees and Contracts........................................................................................! -0- Utilities.......................................................................................................................! 274,480 Capital Outlay...........................................................................................................| 129.214 Total Funds Budgeted ..........................................................................................$ 3,652,279 State Funds Budgeted...........................................................................................! 2,672,688 Total Positions Budgeted 104 5. South Georgia Vocational-Technical School Budget: Personal Services....................................................................................................! 1,896,420 Regular Operating Expenses ...................................................................................$ 508,825 Travel............................................................................................................................! 15,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 4,500 Equipment Purchases...............................................................................................! 235,430 Telecommunications...................................................................................................! 17,290 Per Diem, Fees and Contracts..................................................................................! 11,750 Utilities .......................................................................................................................$ 260,000 Capital Outlay.............................................................................................................$55,000 Total Funds Budgeted ..........................................................................................$ 3,004,215 State Funds Budgeted...........................................................................................! 2,375,842 Total Positions Budgeted 94 Budget Unit Object Classes: Personal Services..................................................................................................! 12,568,530 Regular Operating Expenses ................................................................................$ 2,191,604 Travel............................................................................................................................! 47,780 Motor Vehicle Equipment Purchases..................................................................................................................! 65,780 Publications and Printing..........................................................................................! 15,845 Equipment Purchases...............................................................................................! 569,235 Telecommunications...................................................................................................! 91,565 Per Diem, Fees and Contracts..................................................................................! 38,900 Utilities....................................................................................................................! 1,113,645 Capital Outlay...........................................................................................................! 200,214 Total Positions Budgeted 711 Authorized Motor Vehicles 80 MONDAY, MARCH 22, 1982 2559 Provided, that none of the State funds appropriated above may be expended to initiate or commence any new program or project which would create a continuing obligation of the current funds of the State, unless such program or project has been authorized by the General Assembly. Provided, that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall be the pro rata part of the cost of employer contributions to the Teachers' Retirement System and Teachers' Health Insurance applicable to such salary. Provided, further, that for kindergarten programs, each system shall be allotted instruc tional units on the basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attendance, except in the case of mentally, physically or emotion ally handicapped children, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership. Provided, that of the above appropriation relative to Kindergarten Transportation, funds shall initially be allotted to local school systems on the basis of projected miles for mid-day transportation. However, allotments shall not exceed actual cost of midday trans portation by the local system. Provided, however, in order to extend the half-day program to a full-day service in lieu of midday transportation services, local systems may elect to use transportation allotments to employ aides or certificated instructional personnel on a reimbursable basis to the extent that the $10,883 per unit will allow. Where the transportation allotment is used to employ additional personnel, reimbursable costs shall include salary, retirement and health insurance where eligible. Provided, that of any State Funds appropriated to local systems for classroom teacher salaries on the basis of Average Daily Attendance in grades 1 through 7, such teachers shall be used in the school where earned and shall be used only for the purpose of funding regular (general education) classroom teachers in grades where earned. Provided, that of the above appropriation, relative to special education $30,000 is desig nated and committed for payment to the Houston County Board of Education for pay ment to Houston County Speech and Hearing School, and $30,000 is designated and committed for payment to the Houston County Board of Education for payment to Hous ton County Happy Hour School. Provided, further, funds appropriated for Maintenance and Operation, Sick and Per sonal Leave and Instructional Media, for all Special Education Teachers, payments shall not be made until the allotted teaching unit prior to such unit being filled. Furthermore, the Section 5 (Code Section 20-2-152) teaching units so allocated to an eli gible local unit shall remain a part of that local unit's allotment until the end of the cur rent school year in which allocated. It is the intent of this General Assembly that local school systems have the authority to utilize increased maintenance and operation funds contained in this Appropriations Act in such a fashion as to accomplish de facto funding of Section 12 of the Adequate Program for Education in Georgia (Code Section 20-2-158). Provided, that of the above appropriation for APEG Grants, it is the intent of this Gen eral Assembly that funds are included for allotment of instructional units under Section 10 for grades 1 - 2, at a ratio of 1:20 students in average daily attendance. Provided, that local school systems, in accordance with State Board policy, may use additional instructional units earned in grades 1 - 2 to employ either certificated or licensed instructional personnel in those grades. Funding for licensed instructional person nel shall include salaries as provided for in APEG Section 10b(2) (Code Section 20-2-157(b)(2)) and Section 15 (M&O) (Code Section 20-2-160). Provided, that of the above appropriation for $927,500 for Staff Development, $92,750 is designated and committed to fund a State level staff development program specifically for Special Education Teachers (Section 5) (Code Section 20-2-152) utilized in programs for intellectually gifted students, and to assist in the development of a State program plan for gifted students by the State Superintendent of Schools. Provided, that of the above appropriations relative to Sections 5, 7, 10, 20, 21, and 21(d)(2) of APEG (Code Sections 20-2-152, 20-2-153, 20-2-157, 20-2-181, and 2560 JOURNAL OF THE HOUSE, 20-2-181(d)(2)) for salaries, funds may be moved between said Sections by an amendment to the annual operating budget during the final month of the State fiscal year with the prior approval of the Office of Planning and Budget. Provided, that of the above appropriation relative to Compensatory Education, $12,746,747 is designated and committed for a compensatory education program for stu dents in grades 3 through 8 and shall be used for remedial purposes only. Provided, how ever, where a local system Compensatory Education Plan justifies the need, the State Board of Education may approve usage of these funds for remedial purposes in grades 1 and 2. Provided, that the funds appropriated herein for local school construction shall be used to complete the funding of those projects for which F.Y. 1983 entitlements were sufficient to cover eligible projects (pursuant to Section 48 of APEG) (Code Section 20-2-250), based on a total state entitlement of $100 million for F.Y. 1983. Provided, that of the above appropriation, relative to Capital Outlay, upon the merger of the Jackson County, Commerce and Jefferson City School Systems, $150,000 is desig nated and committed for planning and architectural design of the additional facilities needed to house comprehensive education programs at Commerce and Jefferson High Schools. Provided, that from the above appropriated amount for the High School Program-Local Program Budget up to $51,000, if available, is authorized to purchase vocational equip ment for the Dodge County Comprehensive High School. Provided, that from the above appropriated amount for the High School Program-Local Program Budget, $25,000 is designated and committed for the purchase of vocational equipment for Miller County High School. Such vocational technical schools shall not be authorized to offer or award associate, baccalaureate or graduate degrees, but shall be authorized to award diplomas or certifi cates for satisfactory completion of areas of study prescribed by the State Board of Educa tion. Provided, that of the above appropriation relative to compensatory education, $3,585,000 is designated and committed for a compensatory education program for students in grade 10 and shall be used for remedial purposes only. These funds will be used for compensa tory education teachers and auxiliary personnel in programs for students who fail or are at risk of failing to achieve the minimum standard level on the Georgia Basic Skills Test. Funds shall be distributed at the rate of $250 per student in grade 10 failing to achieve the minimum standard score on the math test or the reading test. Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System.....................................................................................................................$ -0- Employees' Retirement System Budget: Personal Services.......................................................................................................$ 547,661 Regular Operating Expenses .....................................................................................$ 13,650 Travel..............................................................................................................................$ 8,400 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 12,600 Equipment Purchases...................................................................................................$ 4,500 Computer Charges ....................................................................................................$ 166,377 Real Estate Rentals ....................................................................................................$ 55,535 Telecommunications...................................................................................................! 11,633 Per Diem, Fees and Contracts................................................................................$ 386,725 Postage..........................................................................................................................! 46,360 Employer Contribution ....................................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 1,253,441 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services.......................................................................................................! 547,661 MONDAY, MARCH 22, 1982 2561 Regular Operating Expenses .....................................................................................$ 13,650 Travel..............................................................................................................................$ 8,400 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................? 12,600 Equipment Purchases...................................................................................................$ 4,500 Computer Charges ....................................................................................................$ 166,377 Real Estate Rentals....................................................................................................! 55,535 Telecommunications...................................................................................................? 11,633 Per Diem, Fees and Contracts................................................................................$ 386,725 Postage..........................................................................................................................! 46,360 Employer Contribution....................................................................................................! -0- Total Positions Budgeted 28 Authorized Motor Vehicles 1 Section 21. Forestry Commission. Budget Unit: Forestry Commission....................................................................! 21,114,448 1. Reforestation Budget: Personal Services.......................................................................................................? 926,485 Regular Operating Expenses ...................................................................................$ 774,345 Travel..............................................................................................................................! 5,200 Motor Vehicle Equipment Purchases......................................................................? 12,575 Publications and Printing............................................................................................? 2,325 Equipment Purchases.................................................................................................? 10,600 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................? -0- Telecommunications...................................................................................................? 10,225 Per Diem, Fees and Contracts..................................................................................? 16,560 Capital Outlay...................................................................................................................f-0; Total Funds Budgeted..........................................................................................? 1,758,315 State Funds Budgeted..............................................................................................? 420,503 Total Positions Budgeted 34 2. Field Services Budget: Personal Services..................................................................................................? 14,923,195 Regular Operating Expenses................................................................................? 3,717,125 Travel............................................................................................................................? 90,000 Motor Vehicle Equipment Purchases................................................................................................................? 868,275 Publications and Printing..........................................................................................? 23,300 Equipment Purchases............................................................................................? 1,363,830 Computer Charges.............................................................................................................? -0- Real Estate Rentals....................................................................................................? 10,130 Telecommunications.................................................................................................? 450,000 Per Diem, Fees and Contracts..................................................................................? 38,345 Ware County Grant....................................................................................................? 60,000 Capital Outlay...........................................................................................................! 150,000 Total Funds Budgeted........................................................................................? 21,694,200 State Funds Budgeted.........................................................................................? 18,899,918 Total Positions Budgeted 807 3. General Administration and Support Budget: Personal Services.......................................................................................................? 657,995 Regular Operating Expenses.....................................................................................? 98,170 Travel............................................................................................................................? 16,060 Motor Vehicle Equipment Purchases......................................................................? 12,815 Publications and Printing..........................................................................................? 43,500 Equipment Purchases...................................................................................................? 2,550 2562 JOURNAL OF THE HOUSE, Computer Charges ....................................................................................................* 199,755 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications...................................................................................................$ 18,200 Per Diem, Fees and Contracts ....................................................................................$ 5,685 Contractual Research ...............................................................................................$ 352,000 Herty Foundation..............................................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 1,406,730 State Funds Budgeted...........................................................................................* 1,394,027 Total Positions Budgeted 25 4. Wood Energy Budget: Wood Energy Program..........................................................................................-! 400.000 Total Funds Budgeted .............................................................................................$ 400,000 State Funds Budgeted.............................................................................................-! 400,000 Total Positions Budgeted 4 Budget Unit Object Classes: Personal Services..................................................................................................* 16,507,675 Regular Operating Expenses ................................................................................$ 4,589,640 Travel..........................................................................................................................* 111,260 Motor Vehicle Equipment Purchases................................................................................................................* 893,665 Publications and Printing..........................................................................................* 69,125 Equipment Purchases............................................................................................* 1,376,980 Computer Charges ....................................................................................................* 199,755 Real Estate Rentals ....................................................................................................$ 10,130 Telecommunications.................................................................................................* 478,425 Per Diem, Fees and Contracts..................................................................................* 60,590 Contractual Research...............................................................................................* 352,000 Ware County Grant ....................................................................................................* 60,000 Herty Foundation..............................................................................................................* -0- Wood Energy Program.............................................................................................* 400,000 Capital Outlay ...........................................................................................................$ 150,000 Total Positions Budgeted 870 Authorized Motor Vehicles 751 It is the intent of this General Assembly that the Forestry Commission have authority to control the application of the Contractual Research funds in the above appropriation. Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation..............................................................................................* 16,050,491 1. General Administration Budget: Personal Services.......................................................................................................* 515,953 Regular Operating Expenses .....................................................................................$ 81,019 Travel..............................................................................................................................* 6,500 Motor Vehicle Equipment Purchases............................................................................* -0- Publications and Printing............................................................................................* 4,000 Equipment Purchases...................................................................................................* 1,860 Computer Charges........................................................................................................* 6,921 Real Estate Rentals ....................................................................................................$ 33,700 Telecommunications...................................................................................................* 21,370 Per Diem, Fees and Contracts....................................................................................* 3,200 Postage............................................................................................................................* 5,500 Capital Outlay..........................................................................................-.......................*^: Total Funds Budgeted .............................................................................................* 680,023 State Funds Budgeted..............................................................................................* 673,223 Total Positions Budgeted 23 MONDAY, MARCH 22, 1982 2563 2. Investigative Division Budget: Personal Services....................................................................................................! 6,882,569 Regular Operating Expenses ................................................................................$ 1,162,262 Travel..........................................................................................................................? 374,800 Motor Vehicle Equipment Purchases....................................................................? 516,300 Publications and Printing..........................................................................................? 23,000 Equipment Purchases...............................................................................................? 105,412 Computer Charges...........................................................................................................? 600 Real Estate Rentals..................................................................................................? 132,180 Telecommunications.................................................................................................? 221,812 Per Diem, Fees and Contracts....................................................................................? 3,000 Evidence Purchased........................................................................,.........................? 200,000 Postage............................................................................................................................? 6,300 Capital Outlay...................................................................................................................|^ Total Funds Budgeted..........................................................................................? 9,628,235 Indirect DOAS Services Funding...................................................................................................................? 100,000 State Funds Budgeted...........................................................................................? 9,438,946 Total Positions Budgeted 244 3. Forensic Sciences Division Budget: Personal Services....................................................................................................? 2,262,712 Regular Operating Expenses...................................................................................? 426,030 Travel............................................................................................................................? 25,000 Motor Vehicle Equipment Purchases......................................................................? 30,000 Publications and Printing............................................................................................? 5,600 Equipment Purchases.................................................................................................? 77,300 Computer Charges......................................................................................................? 43,041 Real Estate Rentals....................................................................................................? 12,686 Telecommunications...................................................................................................? 77,300 Per Diem, Fees and Contracts.......................................................................................? 300 Postage..........................................................................................................................? 19,000 Capital Outlay...................................................................................................................f^; Total Funds Budgeted..........................................................................................? 2,978,969 State Funds Budgeted...........................................................................................? 2,949,179 Total Positions Budgeted 89 4. Georgia Crime Information Center Budget: Personal Services....................................................................................................? 1,774,607 Regular Operating Expenses...................................................................................? 100,000 Travel............................................................................................................................? 11,000 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing..........................................................................................? 50,000 Equipment Purchases.................................................................................................? 25,000 Computer Charges.................................................................................................? 1,916,261 Real Estate Rentals......................................................................................................? 3,600 Telecommunications.................................................................................................? 392,000 Per Diem, Fees and Contracts..................................................................................? 40,000 Postage..........................................................................................................................? 20,000 Total Funds Budgeted..........................................................................................? 47332,468 Indirect DOAS Services Funding................................................................................................................? 1,300,000 State Funds Budgeted...........................................................................................? 2,989,143 Total Positions Budgeted 97 Budget Unit Object Classes: Personal Services..................................................................................................? 11,435,841 2564 JOURNAL OF THE HOUSE, Regular Operating Expenses ................................................................................$ 1,769,311 Travel..........................................................................................................................$ 417,300 Motor Vehicle Equipment Purchases................................................................................................................! 546,300 Publications and Printing..........................................................................................! 82,600 Equipment Purchases...............................................................................................! 209,572 Computer Charges.................................................................................................! 1,966,823 Real Estate Rentals..................................................................................................! 182,166 Telecommunications.................................................................................................! 712,482 Per Diem, Fees and Contracts..................................................................................! 46,500 Evidence Purchased..................................................................................................! 200,000 Postage..........................................................................................................................! 50,800 Capital Outlay ...................................................................................................................$ -0- Total Positions Budgeted 453 Authorized Motor Vehicles 274 Provided, however, that the Department is authorized to use funds, appropriated above for Personal Services, in the Investigative Division, to upgrade one position per region when designated as Assistant Special Agent in Charge in accordance with recommenda tions of the Merit System of Personnel Administration. Section 23. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission.......................................................................................! -0- Departmental Operations Budget: Personal Services.......................................................................................................! 867,635 Regular Operating Expenses.....................................................................................! 32,500 Travel..............................................................................................................................! 8,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing............................................................................................! 2,000 Equipment Purchases.......................................................................................................! -0- Computer Charges ......................................................................................................$ 17,135 Real Estate Rentals....................................................................................................! 52,075 Telecommunications...................................................................................................! 12,100 Per Diem, Fees and Contracts................................................................................! 110,000 Total Funds Budgeted..........................................................................................! 1,101,445 Total Expenditures Authorized ...........................................................................$ 1,090,431 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 29 Budget Unit Object Classes: Personal Services.......................................................................................................! 867,635 Regular Operating Expenses .....................................................................................$ 32,500 Travel..............................................................................................................................! 8,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing............................................................................................! 2,000 Equipment Purchases.......................................................................................................! -0- Computer Charges......................................................................................................! 17,135 Real Estate Rentals....................................................................................................! 52,075 Telecommunications...................................................................................................! 12,100 Per Diem, Fees and Contracts................................................................................! 110,000 Total Positions Budgeted 29 Authorized Motor Vehicles 0 Section 24. Office of the Governor. A. Budget Unit: Governor's Office.........................................................................! 4,234,854 MONDAY, MARCH 22, 1982 2565 1. Governor's Office Budget: Cost of Operations .................................................................................................$ 1,684,187 Transition Allowance.................................................................................................-! 50,000 Mansion Allowance.....................................................................................................? 40,000 Governor's Emergency Fund-.............................................................................! 2,000,000 Intern Stipends and Travel.....................................................................................^ 123,298 Total Funds Budgeted ..........................................................................................$ 3,897,485 State Funds Budgeted...........................................................................................! 3,897,485 There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his discretion in any emergency that he may determine requires expenditure of any part of said fund. Expendi tures from this fund shall be made in accordance with other provisions of State law and the Constitution. Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of inva sion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforce ment of the law by force or violence, or imminent danger thereof or other grave emergency when available funds are not sufficient for such purposes. 2. Office of Fair Employment Practices Budget: Personal Services.......................................................................................................! 336,000 Regular Operating Expenses .......................................................................................$ 9,218 Travel............................................................................................................................$ 12,600 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 1,075 Equipment Purchases.......................................................................................................$ -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals....................................................................................................! 20,132 Telecommunications...................................................................................................! 10,459 Per Diem, Fees and Contracts..................................................................................! 22,000 Total Funds Budgeted .............................................................................................$ 411,484 State Funds Budgeted..............................................................................................! 337,369 Total Positions Budgeted 15 Budget Unit Object Classes: Cost of Operations.................................................................................................! 1,684,187 Transition Allowance..................................................................................................! 50,000 Mansion Allowance.....................................................................................................! 40,000 Governor's Emergency Fund................................................................................! 2,000,000 Intern Stipends and Travel....................................................................................-! 123,298 Personal Services.......................................................................................................! 336,000 Regular Operating Expenses .......................................................................................$ 9,218 Travel............................................................................................................................! 12,600 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 1,075 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 20,132 Telecommunications...................................................................................................! 10,459 Per Diem, Fees and Contracts..................................................................................! 22,000 Total Positions Budgeted 15 Authorized Motor Vehicles 1 B. Budget Unit: Office of Planning and Budget....................................................................................................! 6,860,640 1. General Administration and Support Budget: Personal Services.......................................................................................................! 455,040 2566 JOURNAL OF THE HOUSE, Regular Operating Expenses .....................................................................................$ 93,800 Travel..............................................................................................................................$ 9,800 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 33,000 Equipment Purchases...................................................................................................! 2,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals..................................................................................................! 172,476 Telecommunications...................................................................................................! 10,000 Per Diem, Fees and Contracts..................................................................................| 68,000 Total Funds Budgeted.............................................................................................! 844,116 State Funds Budgeted..............................................................................................! 835,675 Total Positions Budgeted 15 2. Council of the Arts Budget: Personal Services.......................................................................................................! 151,000 Regular Operating Expenses.....................................................................................! 11,163 Travel..............................................................................................................................! 5,500 Motor Vehicle Equipment Purchases ..........................................................................,,! -0- Publications and Printing............................................................................................! 7,500 Equipment Purchases.........,.............................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals ....................................................................................................$ 19,745 Telecommunications.....................................................................................................! 7,875 Per Diem, Fees and Contracts....................................................................................! 9,000 Art Grants - State Funds .....................................................................................$ 1,442,806 Art Grants - Federal Funds ....................................................................................$ 281,525 Art Grants - Donations..............................................................................................! 20.000 Total Funds Budgeted..........................................................................................! 1,956,114 State Funds Budgeted...........................................................................................! 1,652,471 Total Positions Budgeted 8 3. Educational Development Budget: Personal Services.......................................................................................................! 283,000 Regular Operating Expenses .......................................................................................$ 1,300 Travel..............................................................................................................................! 7,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..................................................................,.............................! -0- Equipment Purchases...................................................................................................! 5,000 Computer Charges...........................................................................................,............! 4,000 Real Estate Rentals ........................................................................................................,,! -0- Telecommunications.....................................................................................................! 3,500 Per Diem, Fees and Contracts....................................................................................! 8,000 Total Funds Budgeted .............................................................................................$ 312,300 State Funds Budgeted..............................................................................................! 309,177 Total Positions Budgeted 9 4. Intergovernmental Relations Budget: Personal Services.......................................................................................................! 210,200 Regular Operating Expenses.......................................................................................! 3,097 Travel............................................................................................................................! 31,000 Motor Vehicle Equipment Purchases............................................'................................! -0Publications and Printing.........................................................................,.....................! 300 Equipment Purchases.......................................................................................................! -0Computer Charges.............................................................................................................! -0Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 9,000 Per Diem, Fees and Contracts....................................................................................! 2,000 Total Funds Budgeted .............................................................................................$ 255,597 MONDAY, MARCH 22, 1982 2567 State Funds Budgeted..............................................................................................} 253,041 Total Positions Budgeted 7 5. Management Review Budget: Personal Services.......................................................................................................? 578,078 Regular Operating Expenses .................................,.....................................................? 1,750 Travel..............................................................................................................................$ 7,500 Motor Vehicle Equipment Purchases .....................................................,......................? -0- PublicationsandPrinting............................................................................................$ 1,200 Equipment Purchases......................................................................................................? 575 Computer Charges......................................................................................................? 40,000 Real Estate Rentals .....................................,....................................................................$ -0- Telecommunications.....................................................................................................? 8,000 Per Diem, Fees and Contracts....................................................................................? 1,300 Total Funds Budgeted .............................................................................................? 638,403 State Funds Budgeted..............................................................................................? 632,019 Total Positions Budgeted 21 6. Human Development Budget: Personal Services.......................................................................................................? 350,584 Regular Operating Expenses.......................................................................................? 1,800 Travel..............................................................................................................................? 5,000 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing................................................................................................? -0- Equipment Purchases......................................................................................................? 500 Computer Charges......................................................................,......................................? -0- Real Estate Rentals...........................................................,..............................................? -0- Telecommunications............................................,........................................................? 4,400 Per Diem, Fees and Contracts........................................................................................? -0- Total Funds Budgeted.............................................................................................? 362,284 State Funds Budgeted..............................................................................................? 358,662 Total Positions Budgeted 11 7. Office of Consumer Affairs: Personal Services.......................................................................................................? 925,588 Regular Operating Expenses.....................................................................................? 43,000 Travel............................................................................................................................? 15,000 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing............................................................................................? 6,000 Equipment Purchases...................................................................................................? 1,600 Computer Charges........................................................................................................? 6,426 Real Estate Rentals........................................................................................,...........? 56,062 Telecommunications.................................................................................................? 102,000 Per Diem, Fees and Contracts....................................................................................? 7,000 Total Funds Budgeted..........................................................................................? I,f62,676 State Funds Budgeted..............................................................................................? 812,568 Total Positions Budgeted 44 8. State Energy Office Budget: Personal Services.......................................................................................................? 310,328 Regular Operating Expenses.....................................................................................? 19,000 Travel............................................................................................................................? 35,000 Motor Vehicle Equipment Purchases.................................,..........................................? -0Publications and Printing..........................................................................................? 75,000 Equipment Purchases...................................................................................................? 1,200 Computer Charges........................................................................................................? 8,000 Real Estate Rentals..........................................................................................................? -0Telecommunications...................................................................................................? 18,000 Per Diem, Fees and Contracts.............................................................................? 3,662,068 2568 JOURNAL OF THE HOUSE, Total Funds Budgeted ..........................................................................................$ 4,128,596 State Funds Budgeted..............................................................................................! 297,118 Total Positions Budgeted 12 9. Governor's Committee on Post-Secondary Education Budget: Personal Services.......................................................................................................! 118,000 Regular Operating Expenses .....................................................................................$ 11,550 Travel..............................................................................................................................$ 3,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 9,700 Equipment Purchases.......................................................................................................! -0- Computer Charges........................................................................................................! 6,000 Real Estate Rentals ...............................................,......................................................! 8,110 Telecommunications.....................................................................................................! 1,795 Per Diem, Fees and Contracts....................................................................................! 4,800 Total Funds Budgeted .............................................................................................$ 162,955 State Funds Budgeted..............................................................................................! 162,593 Total Positions Budgeted 4 10. Facilities Management Budget: Personal Services.......................................................................................................! 105,000 Regular Operating Expenses..........................................................................................! 300 Travel..............................................................................................................................! 5,600 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 2,000 Equipment Purchases.......................................................................................................! -0- Computer Charges ......................................................................................................$ 99,332 Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................$ 3,000 Per Diem, Fees and Contracts..................................................................................! 35,000 Total Funds Budgeted.............................................................................................! 250,232 State Funds Budgeted..............................................................................................! 247,730 Total Positions Budgeted 3 11. Physical and Economic Development Budget: Personal Services.......................................................................................................! 323,000 Regular Operating Expenses.......................................................................................! 6,000 Travel............................................................................................................................! 13,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 1,000 Equipment Purchases......................................................................................................! 800 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................$ 8,000 Per Diem, Fees and Contracts..................................................................................! 10,000 Total Funds Budgeted.............................................................................................! 361,800 State Funds Budgeted..............................................................................................! 358,182 Total Positions Budgeted 12 12. General Government and Protection of Persons and Property Budget: Personal Services.......................................................................................................! 358,727 Regular Operating Expenses .......................................................................................$ 2,850 Travel..............................................................................................................................! 7,800 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing................................................................................................! -0Equipment Purchases...................................................................................................! 1,000 MONDAY, MARCH 22, 1982 2569 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications.....................................................................................................$ 5,000 Per Diem, Fees and Contracts ........................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 375,377 State Funds Budgeted..............................................................................................$ 371,623 Total Positions Budgeted 11 13. Consumer's Utility Counsel Budget: Personal Services.......................................................................................................! 280,000 Regular Operating Expenses ...............................................,.....................................$ 11,695 Travel..............................................................................................................................$ 7,500 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing...............................................................................................$ 972 Equipment Purchases.......................................................................................................$ -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals....................................................................................................? 18,312 Telecommunications.....................................................................................................! 5,900 Per Diem, Fees and Contracts..................................................................................? 30,000 Total Funds Budgeted .............................................................................................$ 354,379 State Funds Budgeted..............................................................................................! 350,835 Total Positions Budgeted 13 14. Criminal Justice Coordinating Council Budget: Personal Services.......................................................................................................! 162,133 Regular Operating Expenses.....................................................................................! 11,750 Travel..............................................................................................................................! 8,700 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 12,000 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 6,875 Telecommunications.....................................................................................................! 4,750 Per Diem, Fees and Contracts..................................................................................! 14,950 Total Funds Budgeted .............................................................................................$ 221,158 State Funds Budgeted..............................................................................................? 218,946 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services....................................................................................................! 4,610,678 Regular Operating Expenses ...................................................................................$ 219,055 Travel..........................................................................................................................! 161,900 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing........................................................................................? 148,672 Equipment Purchases.................................................................................................? 12,675 Computer Charges....................................................................................................! 163,758 Real Estate Rentals..................................................................................................? 281,580 Telecommunications.......................................................................,.........................? 191,220 Per Diem, Fees and Contracts.............................................................................? 3,852,118 Art Grants - State Funds .....................................................................................? 1,442,806 Art Grants - Federal Funds ....................................................................................? 281,525 Art Grants - Donations..............................................................................................? 20,000 Total Positions Budgeted 175 Authorized Motor Vehicles 0 Provided, however, that of the above appropriation relative to Art Grants - State Funds, not less than 95% of ?1,442,806 is designated and committed for Grants to Counties, Cities and Non-Profit Organizations in the State of Georgia. 2570 JOURNAL OF THE HOUSE, Section 25. Grants to Counties and Municipalities. Budget Unit: Grants to Counties and Municipalities..............................................................................................! 6.800.000 1. Grants to Counties.............................................................................................-! 2,600.000 Total Funds Budgeted ..........................................................................................$ 2,600,000 State Funds Budgeted...........................................................................................! 2,600,000 2. Grants to Municipalities....................................................................................| 4.200,000 Total Funds Budgeted ..........................................................................................$ 4,200,000 State Funds Budgeted...........................................................................................! 4,200,000 Budget Unit Object Classes: Grants to Counties.................................................................................................$ 2,600,000 Grants to Municipalities .......................................................................................$ 4,200,000 Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter. Section 26. Department of Human Resources. A. Budget Unit: Departmental Operations .................................................................................................$ 229.879,617 1. General Administration and Support Budget: Personal Services..................................................................................................! 14,014,200 Regular Operating Expenses ................................................................................$ 2,624,905 Travel..........................................................................................................................! 591,525 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing........................................................................................! 143,430 Equipment Purchases.................................................................................................! 87,305 Computer Charges....................................................................................................! 974,396 Real Estate Rentals ...............................................................................................$ 2,814,200 Telecommunications.................................................................................................! 530,980 Per Diem, Fees and Contracts.............................................................................! 1,086,070 Utilities.......................................................................................................................! 153,200 Postage........................................................................................................................! 536,800 Capital Outiay...................................................................................................................$;<); Total Funds Budgeted ........................................................................................$ 23,557,011 Indirect DOAS Services Funding...........................................................................! 638,212 Indirect GBA Funding.....................................................................................................! -0- Agency Funds.......................................................................................................! 11,005,428 Social Services Block Grant Funds ............................................................................................$ 1,159,395 State Funds Budgeted.........................................................................................! 10,753,976 Total Positions Budgeted 720 Authorized Motor Vehicles 7 General Administration and Support Functional Budgets Total Funds State Funds Pos. Commissioner's Office $ 559,200 ! 554,200 16 Child Care Licensing $ 1,220,400 ! 1,205,400 55 Laboratory Improvement ! 498,901 ! 412,901 19 MONDAY, MARCH 22, 1982 2571 Child Support Recovery Contract Management Public Affairs Office of Administrative Appeals Health Care Facilities Regulations Radiological Health Administrative Policy, Coordination and Direction Personnel Administrative Support Services Office of Review and Investigation Systems Planning, Development and Training Program Analysis Electronic Data Processing, Planning and Coordination Facilities Management Regulatory Services Program Direction and Support MH/MR Advisory Council Council on Family Planning Developmental Disabilities Council on Maternal and Infant Health Community and Intergovern mental Affairs Indirect Cost Undistributed Total $ 6,587,080 $ 596,259 282 $ 175,080 $ 173,080 7 $ 323,755 $ 320,555 12 $ 602,900 $ 596,900 22 $ 1,699,999 $ 599,999 64 $ 379,700 $ 375,700 14 $ 1,903,765 $ 1,901,765 4 $ 1,458,290 $ 1,381,290 70 $ 1,826,640 $ 1,580,285 52 $ 1,284,560 $ 299,420 43 $ 266,250 $ 264,250 9 $ 122,380 $ 121,380 5 $ 385,116 $ 91,000 0 $ 3,037,160 $ 2,308,860 8 $ 471,980 $ 467,980 15 $ 41,050 $ 41,050 1 $ 66,800 $ 6,700 2 $ 283,800 $ _0_ 9 $ 91,355 $ 91,355 3 $ 270,850 $ 267,850 8 $ -- 0-- $ (2,904,203) 0 1 -0-- $ -- 0-- 0 $ 23,557,011 $ 10,753,976 720 2. Financial Management Budget: Personfll Services Regular Operating Expenses ........ Travel Motor Vehicle Equipment Purchases . Publications and Printinz...................... $ 4,941,000 $ 132,500 $ 191,400 ..............$ -0$20.000 2572 JOURNAL OF THE HOUSE, Equipment Purchases.......................................................................................................$ -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals ......................................................................................................$ 3,800 Telecommunications.....................................................................................................! 1,000 Per Diem, Fees and Contracts ................................................................................$ 115,000 Utilities...............................................................................................................................! -0- Postage...............................................................................................................................$ 100 Institutional Repairs and Maintenance...................................................................................................! 500jOOO Total Funds Budgeted ..........................................................................................$ 5,904,800 Social Services Block Grant Funds........................................................................$ 496,405 Agency Funds .........................................................................................................$ 1,905,870 State Funds Budgeted...........................................................................................! 3,502,525 Total Positions Budgeted 236 Authorized Motor Vehicles 0 Financial Management Functional Budgets Total Funds State Funds Pos. Budget Administration $ 1,471,300 $ 1,466,300 37 Accounting Services $ 2,673,300 $ 2,657,300 138 Auditing Services $ 1,760,200 $ 1,750,200 61 Indirect Cost $ --0-- $ (2,371,275) 0 Undistributed $ --0-- $ --0-- 0 Total $ 5,904,800 $ 3,502,525 236 3. Special Programs: Personal Services....................................................................................................! 2,781,945 Regular Operating Expenses ..............................................................................$ 13,778,315 Travel..........................................................................................................................$ 132,000 Motor Vehicle Equipment Purchases........................................................................................................................$ -0- Publications and Printing........................................................................................! 108,200 Equipment Purchases...................................................................................................! 7,700 Computer Charges ....................................................................................................$ 287,202 Real Estate Rentals....................................................................................................! 57,600 Telecommunications...................................................................................................! 75,250 Per Diem, Fees and Contracts...........................................................................! 34,055,004 Menninger Group Homes ........................................................................................$ 275,000 Contract - Georgia Advocacy Office, Inc.............................................................................................! 215,000 Utilities...............................................................................................................................! -0- Postage..........................................................................................................................! 37,000 Benefits for Child Care............................................................................................! 640,000 Total Funds Budgeted ........................................................................................$ 52,450,216 Social Services Block Grant Funds ..........................................................................................$ 15,873,000 Indirect DOAS Services Funding.............................................................................! 44,143 Agency Funds.......................................................................................................! 30,544,275 State Funds Budgeted...........................................................................................! 5,988,798 Total Positions Budgeted 120 Authorized Motor Vehicles 111 MONDAY, MARCH 22, 1982 2573 Special Programs Functional Budgets Total Funds State Funds Pos. State Economic Opportunity Office $ 251,350 $ 123,675 8 District Programs, Director's Office $ 595,030 $ 555,430 21 Child Development Administration $ 1,061,600 $ 365,900 39 Child Development Contracts - Foster Care $ 290,736 $ 14,336 0 Special Projects $ 597,900 $ 597,900 0 Child Development Contracts - Day Care $ 19,435,297 $ 2,595,797 0 Child Development Contracts - Home Management $ 281,658 $ 48,958 0 Child Development Contracts - Outreach $ 635,133 $ 81,333 0 Information and Referral $ 325,340 $ 325,340 0 Troubled Children Benefits $ 915,000 $ 915,000 0 Council on Aging Energy Assistance $ 44,870 $ 43,870 1 $ 17,320,000 $ --0-- 4 Title XX Administration Community Services $ 984,302 $ 321,259 32 $ 9,712,000 $ --0-- 15 Undistributed $ -0- $ --0-- 0 Total $ 52,450,216 $ 5,988,798 120 4. Public Health - Program Direction and Support Budget: Personal Services....................................................................................................$ 2,251,700 Regular Operating Expenses ...................................................................................$ 120,890 Travel............................................................................................................................$57,700 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 50,800 Equipment Purchases......................................................................................................! 730 Computer Charges ....................................................................................................$ 357,368 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .................................................................................................$ 193,200 Per Diem, Fees and Contracts.............................................................................! 5,449,190 Utilities...............................................................................................................................! -0- Postage............................................................................................................................$ M50 Total Funds Budgeted ..........................................................................................$ 8,483,028 Indirect DOAS Services Funding...........................................................................! 539,568 Agency Funds.........................................................................................................! 5,488,130 State Funds Budgeted...........................................................................................! 2,455,330 Total Positions Budgeted 114 Authorized Motor Vehicles 0 2574 JOURNAL OF THE HOUSE, Public Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office ! 555,205 $ 371,205 8 Employee's Health $ 249,310 $ 212,310 9 Primary Health Care $ 5,627,715 $ 297,385 10 Health Program Management $ 609,330 $ 519,330 27 Vital Records $ 932,700 $ 909,700 53 Health Services Research $ 508,768 $ 145,400 7 Undistributed | --0-- $ --0-- 0 Total $ 8,483,028 $ 2,455,330 114 5. Public Health - Family Health Budget: Personal Services....................................................................................................$ 5,558,840 Regular Operating Expenses ................................................................................$ 2,022,834 Travel..........................................................................................................................! 295,600 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing........................................................................................! 130,800 Equipment Purchases...................................................................................................! 6,780 Computer Charges....................................................................................................! 122,703 Real Estate Rentals......................................................................................................! 3,500 Telecommunications...................................................................................................! 47,550 Per Diem, Fees and Contracts.............................................................................! 6,367,470 Utilities...............................................................................................................................! -0- Postage.................:........................................................................................................! 20,850 Regional Grants for Prenatal and Postnatal Care Programs..................................................................................! 3,879,000 Crippled Children Benefits..................................................................................! 3,307,500 Kidney Disease Benefits..........................................................................................! 577,500 Cancer Control Benefits........................................................................................! 1,985,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program............................................................................................! 100,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants............................................................................................................! 25,000 Grant to Grady Hospital for Cystic Fibrosis Program.........................................................................................! 40,000 Contract with Emory University for Cancer Research..............................................................................................! 111,000 Contract with Emory University for Arthritis Research...........................................................................................! 200,000 Contract for Scoliosis Screening...............................................................................! 40,000 Family Planning Benefits ........................................................................................f 226,530 Total Funds Budgeted ........................................................................................$ 25,068,457 Indirect DOAS Services Funding.............................................................................! 11,350 Agency Funds.......................................................................................................! 11,125,699 State Funds Budgeted.........................................................................................! 13,931,408 Total Positions Budgeted 242 Authorized Motor Vehicles 4 MONDAY, MARCH 22, 1982 2575 Public Health - Family Health Functional Budgets Total Funds State Funds Pos. Family Health Management ! 6,081,220 $ 336,570 23 Cancer Control ! 2,615,330 $ 2,376,330 6 Crippled Children Immunization ! 4,851,730 $ 2,650,238 60 ! 520,200 $ --0-- 17 Maternal Health ! 225,500 $ 223,500 6 Sexually Transmitted Diseases !. 200,700 ! 198,700 6 Infant and Child Health ! 4,509,050 ! 4,454,050 12 Diabetes ! 208,850 ! 59,748 5 Chronic Disease ! 1,503,574 ! 1,498,574 22 Coordination, Education, Prevention ! 653,720 ! --0-- 10 Malnutrition $ 591,500 ! --0-- 18 Stroke and Heart Attack Prevention !d 149,200 ! 148,200 6 Family Planning ! 840,133 ! 52,133 13 Epidemiology ! 995,725 ! 829,540 11 Dental Health ! 69,300 ! 69,300 3 Community Tuberculosis Control ! 1,052,725 ! 1,034,525 24 Undistributed f =0= ! -0- 0 Total ! 25,068,457 ! 13,931,408 242 6. Public Health - Community Health Budget: Personal Services....................................................................................................! 3,161,000 Regular Operating Expenses ...................................................................................$ 459,500 Travel............................................................................................................................! 53,900 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 44,100 Equipment Purchases.................................................................................................$ 58,365 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................,.....................................................................................! -0- Telecommunications ...........................................................................................,,........! 5,000 Per Diem, Fees and Contracts................................................................................! 742,047 Utilities...............................................................................................................................! -0- Postage..........................................................................................................................! 13.300 Total Funds Budgeted..........................................................................................! 4,537,212 Indirect DOAS Services Funding...............................................................................! 4,000 Agency Funds............................................................................................................! 823,772 State Funds Budgeted...........................................................................................! 3,709,440 Total Positions Budgeted 152 Authorized Motor Vehicles 1 2576 JOURNAL OF THE HOUSE, Public Health - Community Health Functional Budgets Total Funds State Funds Pos. Occupational and Radiological Health $ 773,572 $ 228,800 7 Laboratory Services $ 3,175,740 $ 2,970,740 129 Emergency Health $ 587,900 $ 509,900 16 Undistributed $ --0-- $ --0-- 0 Total $ 4,537,212 $ 3,709,440 152 7. Public Health - Local Services Budget: Personal Services..................................................................................................! 12,350,000 Regular Operating Expenses ..............................................................................$ 23,264,500 Travel..........................................................................................................................$ 484,800 Motor Vehicle Equipment Purchases........................................................................................................................$ -0- Publications and Printing..........................................................................................! 31,700 Equipment Purchases.................................................................................................! 43,410 Real Estate Rentals..................................................................................................! 195,920 Telecommunications.................................................................................................! 144,100 Per Diem, Fees and Contracts.............................................................................! 4,983,847 Utilities...........................................................................................................................! 7,050 Postage..........................................................................................................................! 32,150 Contract - Macon-Bibb County Hospital Authority.............................................................................................! 3,000,000 Grant to Counties for Metabolic Disorders Screening and Treatment......................................................................................! 45,000 Family Planning Benefits ..........................................................................................$ 75,000 Midwifery Program Benefits...................................................................................! 175,000 Crippled Children Benefits ..................................................................................$ 1,220,000 Grants to Counties for Teenage Pregnancy Prevention ..........................................................................................$ 250,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants...............................................................................................! 3,600,000 Grant for DeKalb County Mental Retardation Project ................................................................................................$ 51,000 Grant for Chatham County Mental Retardation Project...................................................................................! 49,000 Grant-In-Aid to Counties ...................................................................................$ 29,473,948 Total Funds Budgeted ........................................................................................$ 79,476,425 Indirect DOAS Services Funding...........................................................................! 129,350 Agency Funds.......................................................................................................! 36,112,320 State Funds Budgeted.........................................................................................! 43,234,755 Total Positions Budgeted 563 Authorized Motor Vehicles 2 Public Health - Local Services Functional Budgets Total Funds State Funds Pos. Minimum Foundation $ 7,057,054 $ 6,837,030 224 Grant-In-Aid to Counties $ 29,024,358 ! 26,031,273 0 MONDAY, MARCH 22, 1982 2577 Stroke and Heart Attack Prevention $ 1,091,242 $ 554,642 20 Family Planning $ 5,633,400 $ 2,520,400 183 Sickle Cell, Vision and Hearing $ 353,100 $ 350,100 15 Sexually Transmitted Diseases $ 1,072,850 $ 85,000 29 High Risk Pregnant Women and Their Infants $ 4,066,900 $ 4,063,900 19 Newborn Follow-Up Care $ 289,750 $ 287,750 12 District Dental $ 1,118,835 $ 902,660 18 Teenage Pregnancy Prevention $ 250,000 $ 250,000 0 District Crippled Children $ 2,187,050 $ 1,352,000 33 Mental Retardation Projects $ 100,000 $ -0- 0 Malnutrition $ 27,231,886 $ -0- 10 Undistributed $ -0-- $ --0-- 0 Total $ 79,476,425 $ 43,234,755 563 . Mental Health - Program Direction and Support Budget: Personal Services....................................................................................................$ 3,308,100 Regular Operating Expenses ...................................................................................$ 127,850 Travel..........................................................................................................................$ 153,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 79,000 Equipment Purchases...................................................................................................! 1,000 Computer Charges.................................................................................................! 1,178,162 Real Estate Rentals..........................................................................................................! -0- Telecommunications .................................................................................................$ 219,000 Per Diem, Fees and Contracts................................................................................! 199,700 Utilities...............................................................................................................................! -0- Postage............................................................................................................................! 1,150 Total Funds Budgeted ..........................................................................................$ 5,266,962 Social Services Block Grant Funds..........................................................................! 15,000 Indirect DOAS Services Funding........................................................................! 1,000,197 Agency Funds............................................................................................................! 620,220 State Funds Budgeted...........................................................................................! 3,631,545 Total Positions Budgeted 131 Mental Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Administration $ 2,965,862 $ 1,953,465 63 Special Projects and Contracts 60,550 --0-- 2578 JOURNAL OF THE HOUSE, Program Coordination Undistributed Total $ 2,240,550 1,678,080 66 $ =S= --0-- 0 $ 5,266,962 $ 3,631,545 131 9. Purchase of Social Services: Personal Services...............................................................................................................$ -0- Regular Operating Expenses ...........................................................................................$ -0- Travel..................................................................................................................................$ -0- Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing................................................................................................$ -0- Equipment Purchases.......................................................................................................? -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .........................................................................................................$ -0- Per Diem, Fees and Contracts................................................................................! 440,000 Utilities...............................................................................................................................! -0- Postage................................................................................................................................! -0- W.I.N. Benefits..........................................................................................................! 575,669 Grants to Fulton County for 24- hour Emergency Social Services.........................................................................! 173,400 Benefits for Child Care......................................................................................-! 15,691,771 Homemaker Meals....................................................................................................! 106,961 Chatham County Homemaker Project..................................................................$ 482,000 Douglas County Homemaker Project.....................................................................! 127,000 Fulton County Homemaker Project.......................................................................! 328,000 Total Funds Budgeted........................................................................................! 17,924,801 Agency Funds.........................................................................................................! 5,982,564 Social Services Block Grant Funds............................................................................................! 1,230,600 State Funds Budgeted.........................................................................................! 10,711,637 Total Positions Budgeted 0 Purchase of Social Services Functional Budgets Total Funds State Funds Pos. Work Incentive Benefits $ 575,669 $ 57,566 Grants to Fulton County for 24-hour Emergency Social Services $ 173,400 $ 173,400 Legal Services $ 440,000 $ 215,000 AFDC - Family Foster Care $ 3,987,620 $ 1,344,645 AFDC - Institutional Foster Care ! 1,475,840 497,654 Specialized Foster Care $ 53,064 53,064 Child Welfare Family Foster Care $ 8,663,518 7,177,518 Adoption Supplement ! 250,000 98,700 Non-AFDC Institutional Foster Care 397,950 397,950 MONDAY, MARCH 22, 1982 2579 Liability Insurance $ 15,400 $ 15,400 0 Emergency Shelter Care ! 107,079 ! 107,079 0 Day Care $ 604,300 $ 180,100 0 Psychiatric, Psychological and Speech Therapy ! 130,000 ! 130,000 0 Return of Runaways - County $ 7,000 $ 7,000 0 Homemaker Projects ! 1,043,961 $ 256,561 0 Undistributed | --0-- --0-- 0 Total ! 17,924,801 ! 10,711,637 0 10. Youth Services - Program Direction and Support: Personal Services.......................................................................................................! 754,000 Regular Operating Expenses .....................................................................................$ 18,000 Travel............................................................................................................................! 18,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 4,000 Equipment Purchases.......................................................................................................! -0- Computer Charges.........................................,...................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 20,100 Per Diem, Fees and Contracts....................................................................................! 3,500 Utilities...............................................................................................................................! -0- Postage................................................................................................................................! -0- Benefits for Child Care....................................................................................................| ^ Total Funds Budgeted .............................................................................................$ 817,600 Indirect DOAS Services Funding ...................................................................................$ -0- Agency Funds................................................................................................................! 8,000 State Funds Budgeted..............................................................................................! 809,600 Total Positions Budgeted 29 Authorized Motor Vehicles 0 11. Services to the Aged Budget: Personal Services.......................................................................................................! 996,000 Regular Operating Expenses.....................................................................................! 27,800 Travel............................................................................................................................! 42,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing..........................................................................................! 14,000 Equipment Purchases...................................................................................................! 2,300 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 3,100 Telecommunications...................................................................................................! 29,000 Per Diem, Fees and Contracts...........................................................................! 20,953,077 Utilities ................................................................................................................................$ 60 Postage...............................................................................................................................! 200 Total Funds Budgeted ......................................................................................,,! 22,067,537 Social Services Block Grant Funds ............................................................................................! 3,368,035 Agency Funds.......................................................................................................! 16,949,941 State Funds Budgeted...........................................................................................! 1,749,561 Total Positions Budgeted 41 Authorized Motor Vehicles 224 2580 JOURNAL OF THE HOUSE, Services to the Aged Functional Budgets Total Funds State Funds Pos. Title XX Adult Services $ 4,083,664 $ 539,062 0 Administration and Planning $ 2,495,540 $ 350,036 41 Nutrition Grants $ 8,886,845 $ 493,714 0 Areawide Grants Undistributed $ 6,601,488 $ 366,749 0 $ -0-- I -0- 0 Total $ 22,067,537 $ 1,749,561 41 12. Vocational Rehabilitation - Program Direction and Support Budget: Personal Services....................................................................................................$ 1,410,000 Regular Operating Expenses .....................................................................................$ 91,600 Travel............................................................................................................................! 75,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 30,900 Equipment Purchases.......................................................................................................! -0- Computer Charges ....................................................................................................$ 543,379 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 72,000 Per Diem, Fees and Contracts................................................................................! 261,000 Utilities...............................................................................................................................! -0- Postage............................................................................................................................! 2,300 E.S.R.P. Case Services...............................................................................................! 75,000 Grants for Nephrology Centers...............................................................................! 210,000 Total Funds Budgeted..........................................................................................! 2,771,679 Indirect DOAS Services Funding...................................................................................! -0- Agency Funds.........................................................................................................! 1,653,800 State Funds Budgeted...........................................................................................! 1,117,879 Total Positions Budgeted 53 Vocational Rehabilitation - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Program Direction and Support J 2,085,379 747,379 45 Grants Management Undistributed $ 686,300 ( 370,500 8 I -0- | -0- 0 Total $ 2,771,679 f 1,117,879 53 13. Vocational Rehabilitation Facilities Budget: Personal Services....................................................................................................! 3,113,300 Regular Operating Expenses...................................................................................! 363,880 Travel............................................................................................................................! 21,500 Motor Vehicle Equipment Purchases......................................................................! 12,000 Publications and Printing............................................................................................! 1,270 Equipment Purchases.................................................................................................! 17,500 Computer Charges.............................................................................................................! -0- MONDAY, MARCH 22, 1982 2581 Real Estate Rentals..................................................................................................$ 130,000 Telecommunications...................................................................................................! 38,800 Per Diem, Fees and Contracts ................................................................................$ 104,300 Utilities.........................................................................................................................! 80,600 Postage............................................................................................................................$ 4,150 Capital Outlay ...................................................................................................................$ -0- Case Services......................................................................................................................! -0- Total Funds Budgeted ..........................................................................................$ 3,887,300 Indirect DOAS Services Funding ...................................................................................$ -0- Agency Funds .........................................................................................................$ 3,167,880 State Funds Budgeted..............................................................................................! 719,420 Total Positions Budgeted 167 Authorized Motor Vehicles 19 Vocational Rehabilitation - Facilities Functional Budgets Total Funds State Funds Pos. Youth Development Center - V. R. Unit ! 353,760 $ 65,502 15 Atlanta Rehabilitation Center $ 1,908,850 $ 364,850 76 Alto Rehabilitation Center $ 265,040 $ 52,508 12 Cave Spring Rehabilitation Center ! 350,500 $ 66,800 18 Central Rehabilitation Center ! 664,650 $ 101,360 27 Georgia Vocational Adjustment Center - Gracewood $ 344,500 $ 68,400 19 Undistributed ! --0-- $ --0-- 0 Total $ 3,887,300 $ 719,420 167 14. Roosevelt Warm Springs Rehabilitation Institute: Personal Services....................................................................................................! 7,400,000 Regular Operating Expenses ................................................................................$ 1,711,280 Travel............................................................................................................................! 47,680 Motor Vehicle Equipment Purchases..................................................................................................................! 51,025 Publications and Printing..........................................................................................! 22,170 Equipment Purchases.................................................................................................! 76,445 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.................................................................................................! 149,000 Per Diem, Fees and Contracts.............................................................................! 1,086,085 Utilities.......................................................................................................................! 445,600 Postage..........................................................................................................................! 12,980 Case Services.............................................................................................................! 575,000 Capital Outlay...................................................................................................................! -0- Operations..........................................................................................................................! -0- Total Funds Budgeted ........................................................................................$ 11,577,265 Indirect DOAS Services Funding.............................................................................! 50,000 Agency Funds .........................................................................................................$ 9,124,800 State Funds Budgeted...........................................................................................! 2,402,465 Total Positions Budgeted 425 Authorized Motor Vehicles 24 2582 JOURNAL OF THE HOUSE, Roosevelt Warm Springs Rehabilitation Institute Functional Budgets Total Funds State Funds Pos. Administration $ 4,589,830 $ 1,652,330 128 Rehabilitation Services $ 5,842,272 $ 32,972 255 Instruction $ 430,030 $ 7,030 16 Independent Living $ 526,000 $ 526,000 21 Research/Training $ 189,133 $ 184,133 5 Undistributed $ -- 0-- I -- 0-- 0 Total $ 11,577,265 $ 2,402,465 425 15. Georgia Factory for the Blind Budget: Personal Services....................................................................................................$ 2,706,000 Regular Operating Expenses ................................................................................$ 4,812,495 Travel............................................................................................................................$ 54,800 Motor Vehicle Equipment Purchases ......................................................................$ 36,600 Publications and Printing............................................................................................$ 3,400 Equipment Purchases.................................................................................................! 95,000 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ....................................................................................................$ 11,600 Telecommunications...................................................................................................! 26,500 Per Diem, Fees and Contracts ..................................................................................$ 64,000 Utilities .........................................................................................................................$ 93,500 Postage............................................................................................................................! 5,800 Capital Outlay ...................................................................................................................$ -0- Case Services .............................................................................................................$ 225,000 Total Funds Budgeted ..........................................................................................$ 8,134,695 Agency Funds .........................................................................................................$ 7,618,800 State Funds Budgeted..............................................................................................! 515,895 Total Positions Budgeted 44 Authorized Motor Vehicles 14 Georgia Factory for the Blind Functional Budgets Total Funds State Funds Pos. Operations $ 7,023,400 $ -0-- 8 Supervision $ 372,045 $ 369,045 19 Business Enterprise Vending Stand Project $ 739,250 $ 146,850 17 Undistributed $ -0-- $ -- 0-- 0 Total $ 8,134,695 $ 515,895 44 16. Vocational Rehabilitation Services Budget: Travel............................................ (( 14,190,562 ....$ 518,180 ....$ 448,000 MONDAY, MARCH 22, 1982 2583 Motor Vehicle Equipment Purchases..............................................................................................,.........................$ -0- Publications and Printing..........................................................................................$ 14,600 Equipment Purchases.................................................................................................! 20,500 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..................................................................................................$ 639,700 Telecommunications.................................................................................................$ 379,100 Per Diem, Fees and Contracts................................................................................! 299,000 Utilities.........................................................................................................................$ 72,000 Postage..........................................................................................................................! 84,280 Contract with Vocational Rehabilitation Community Facilities ..............................................................................................................$ 3,645,000 Contract for Epilepsy .................................................................................................$ 63,000 Case Services ..........................................................................................................$ 8,700,000 Contract with the Affirmative Industries................................................................................................................$ 105,000 Cerebral Palsy Contract...........................................................................................! 136,500 Total Funds Budgeted ........................................................................................$ 29,315,422 Indirect DOAS Services Funding .............................................................................$ 50,000 Agency Funds .......................................................................................................$ 19,172,958 State Funds Budgeted.........................................................................................$ 10,092,464 Total Positions Budgeted 694 Authorized Motor Vehicles 5 17. Vocational Rehabilitation - Disability Adjudication Budget: Personal Services....................................................................................................! 7,746,000 Regular Operating Expenses ...................................................................................$ 317,400 Travel............................................................................................................................! 22,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing..........................................................................................! 51,600 Equipment Purchases.................................................................................................! 17,460 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..................................................................................................$ 513,685 Telecommunications.................................................................................................! 445,500 Per Diem, Fees and Contracts................................................................................! 431,295 Utilities...............................................................................................................................! -0- PoBtage........................................................................................................................! 155,000 Case Services..........................................................................................................! 7,000,000 Total Funds Budgeted........................................................................................! 16,699,940 Agency Funds.......................................................................................................! 16,699,940 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 384 18. Public Assistance Budget: Personal Services...............................................................................................................! -0Regular Operating Expenses................................................................................! 3,159,468 Travel..................................................................................................................................! -0Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing................................................................................................! -0Equipment Purchases.......................................................................................................! -0Computer Charges.............................................................................................................! -0Real Estate Rentals................,.........................................................................................! -0Per Diem, Fees and Contracts.............................,..........................................................! -0SSI-Supplement Benefits...........................................................................................! 62,160 2584 JOURNAL OF THE HOUSE, AFDC Benefits...................................................................................................! 182.766.550 Total Funds Budgeted ......................................................................................$ 185,988,178 Agency Funds .....................................................................................................$ 124,297,228 State Funds Budgeted.........................................................................................! 61,690,950 Total Positions Budgeted 0 Public Assistance Functional Budgets Total Funds State Funds Pos. Refugee Benefits $ 3,159,468 $ --0-- 0 AFDC Payments $ 182,766,550 $ 61,628,790 0 SSI - Supplement Benefits $ 62,160 $ 62,160 0 Undistributed $ -- 0-- $ --0-- 0 Total $ 185,988,178 $ 61,690,950 0 19. Local Services - Community Services and Benefits Payments Budget: Personal Services...............................................................................................................$ -0- Regular Operating Expenses ...........................................................................................$ -0- Travel..................................................................................................................................$ -0- Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Per Diem, Fees and Contracts.....,..................................................................................! -0- Local Services Benefits Payments Grants..............................................................................................! 54,682,882 Grants to Counties for Social Services..................................................................................................! 44,460,000 Total Funds Budgeted ........................................................................................$ 99,142,882 Agency Funds.......................................................................................................! 37,538,749 Social Services Block Grant Funds ..........................................................................................$ 15,464,983 State Funds Budgeted.........................................................................................! 46,139,150 Total Positions Budgeted 0 Local Services - Community Services and Benefits Payments Functional Budgets Total Funds State Funds Pos. Local Services - Benefits Payments Grants $ 54,682,882 $ 27,186,441 0 Grants to Counties for Social Services $ 44,460,000 $ 18,952,709 0 Undistributed ! --0-- ! --0-- 0 Total ! 99,142,882 $ 46,139,150 0 20. Family and Children Services Program Direction and Support Budget: Personal Services....................................................................................................! 7,868,700 MONDAY, MARCH 22, 1982 2585 Regular Operating Expenses...................................................................................! 330,200 Travel..........................................................................................................................! 377,400 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing........................................................................................! 566,700 Equipment Purchases...................................................................................................! 5,700 Computer Charges.................................................................................................! 5,040,066 Real Estate Rentals ..................................................................................................$ 178,100 Telecommunications..............................................................................................! 1,079,400 Per Diem, Fees and Contracts.............................................................................! 3,337,500 Utilities...........................................................................................................................! 9,200 Postage........................................................................................................................! 226,600 Total Funds Budgeted ........................................................................................$ 19,019,566 Agency Funds.......................................................................................................! 10,459,450 Indirect DOAS Services Funding...........................................................................! 540,180 Social Services Block Grant Funds........................................................................................................! 1,297,117 State Funds Budgeted...........................................................................................! 6,722,819 Total Positions Budgeted 343 Family and Children Services - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 424,600 ! 422,600 7 Research and Demonstration $ 61,500 ! 61,500 3 Program Planning and Development ! 860,800 ! 854,800 17 Program Management and Training $ 1,617,150 ! 1,354,150 61 Administration and Management ! 11,581,866 ! 4,156,391 88 Management Information Systems ! 1,048,750 ! 1,044,750 50 District Program Operations ! 2,665,900 ! 2,650,900 99 District Administration ! 759,000 ! 756,000 18 Indirect Cost ! --0-- ! (4,578,272) 0 Undistributed $ --0-- ! --0-- 0 Total ! 19,019,566 ! 6,722,819 343 Budget Unit Object Classes: Personal Services..................................................................................................! 94,551,347 Regular Operating Expenses..............................................................................! 53,881,597 Travel.......................................................................................................................! 3,066,805 Motor Vehicle Equipment Purchases..................................................................................................................! 99,625 Publications and Printing.....................................................................................! 1,316,670 Equipment Purchases...............................................................................................! 440,195 Computer Charges.................................................................................................! 8,503,276 Real Estate Rentals...............................................................................................! 4,551,205 2586 JOURNAL OF THE HOUSE, Telecommunications ..............................................................................................$ 3,455,480 Per Diem, Fees and Contracts ...........................................................................$ 79,978,085 Utilities .......................................................................................................................$ 861,210 Postagc.....................................................................................................................$ 1,134,110 Capital Outlay .....................................................................................,.............................$ -0Grants for Regional Prenatal and Postnatal Care Programs ..........................................................................$ 3,879,000 Crippled Children Benefits ..................................................................................$ 4,527,500 Kidney Disease Benefits ..........................................................................................$ 577,500 Cancer Control Benefits........................................................................................! 1,985,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants.......................................................................................................! 3,625,000 Family Planning Benefits........................................................................................! 301,530 Benefits for Midwifery Program.............................................................................! 175,000 Grants for DeKalb County Mental Retardation Project...................................................................................! 51,000 Grants for Chatham County Mental Retardation Project...................................................................................! 49,000 Grant-In-Aid to Counties ...................................................................................$ 29,473,948 Work Incentive Benefits ..........................................................................................$ 575,669 Grants to Fulton County for 24-hour Emergency Social Services .......................................................................................................$ 173,400 Benefits for Child Care.......................................................................................! 16,331,771 Homemaker Meals....................................................................................................! 106,961 Chatham County Homemaker Project..............................................................................................! 482,000 Douglas County Homemaker Project..............................................................................................! 127,000 Fulton County Homemaker Project.......................................................................! 328,000 Grants for Nephrology Centers...............................................................................! 210,000 Case Services ........................................................................................................$ 16,500,000 E.S.R.P. Case Services ...............................................................................................$ 75,000 SSI-Supplement Benefits.....................................,.....................................................! 62,160 AFDC Benefits ...................................................................................................$ 182,766,550 Local Services Benefits Payments Grants..............................................................................................! 54,682,882 Grants to Counties for Social Services ..............................................................................................................$ 44,460,000 Contract with Vocational Rehabilitation Community Facilities ..............................................................................................................$ 3,645,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program ............................................................................................$ 100,000 Contract with the Affirmative Industries..........................................................................................! 105,000 Institutional Repairs and Maintenance.............................................................,.....................................! 500,000 Contract with Emory University for Arthritis Research...........................................................................................! 200,000 Grant for Epilepsy Program......................................................................................! 63,000 Grant to Grady Hospital for Cystic Fibrosis Program.........................................................................................! 40,000 Contract for Scoliosis Screening..................................................................................................................! 40,000 MONDAY, MARCH 22, 1982 2587 Menninger Group Homes ........................................................................................$ 275,000 Contract - Georgia Advocacy Office, Inc .............................................................................................$ 215,000 Grant for Teenage Pregnancy Prevention Program..............................................................................................! 250,000 Contract - Cancer Research at Emory.................................................................................................................$ 111,000 Contract - Macon-Bibb County Hospital Authority .............................................................................................$ 3,000,000 Cerebral Palsy Contract...........................................................................................$ 136,500 Grants to Counties for Metabolic Disorders Screening and Tcsting............................................................................................$ 45,000 Total Positions Budgeted 4,458 Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of clotting factor for the Hemophilia Program and for no other purpose. Provided, that of the above appropriation, $100,000 is designated and committed to operate a Hemophilia Program in the Metropolitan Atlanta Area and to operate the Hemophilia Program in Augusta. Provided, that of the funds available in the Public Health - Local Services Budget not less than $125,000 is committed for continuation of the Community Cardiovascular Council Stroke-Screening Program. Provided that no State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State funds would cause the loss of Fed eral funds for programs other than advertising. There is hereby appropriated $61,628,790 in State funds for the purpose of making AFDC benefit payments. Provided that for Fiscal 1983, the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 202 $ 107 2 306 162 3 366 194 4 432 229 5 494 262 6 536 284 7 580 307 8 616 326 9 648 343 10 694 368 11 742 393 Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 53% of the above standard of needs. Provided, that of the above appropriation, $136,500 is designated and committed to operate the Rome Cerebral Palsy Center. Provided, however, it is the intent of this General Assembly that no dentist shall be paid at a rate in excess of twenty-five dollars ($25.00) per hour for services rendered in the Dis trict Dental Clinics. Provided that of the above appropriation relating to Statewide Grants for Pre-natal and Post-natal Care Programs, $3,879,000 is designated and committed for a Statewide pro gram of pre-natal and post-natal care, including all hospitals where such program or pro grams are providing or shall provide such care. 2588 JOURNAL OF THE HOUSE, Provided, that of the above appropriation relating to the Public Health - Family Health Activity, $40,000 is designated and committed for a grant to Grady Memorial Hospital in Atlanta for the purpose of operating a cystic fibrosis program. Provided that grants of Federal Maternal and Child Health Block Grant funds above the amounts anticipated in this appropriation shall be used to improve and expand Public Health programs and not to supplant State funds in this appropriation. Provided, that of the above appropriation, the Department of Human Resources is authorized to provide treatment for eye disorders, provided that treatment for the disabil ity cannot be obtained from other sources. Provided, further, that the Department of Human Resources is authorized to make monthly advances to Child Care Day Care Centers from funds authorized for this purpose. Provided further, it is the intent of this General Assembly that AFDC Benefit payments from funds appropriated herein shall be made from the date of certification and not from the date of application. Provided further, the Department of Human Resources is authorized to make payments (not to exceed $5,000) to the Georgia Building Authority for the purpose of maintaining the grounds at the Roosevelt Warm Springs Hospital. To purchase, lease or otherwise acquire or reimburse for the purchase or lease of equip ment, or purchase or reimburse for the purchase of drugs and medical treatment of per sons with Cystic Fibrosis over the age of 21. Funds shall be expended to those persons qualifying who are not otherwise covered by any other private or publicly funded program and are determined to need support from the State. Provided further, the Roosevelt Warm Springs Institute for Rehabilitation is authorized to use excess agency income for a repair and maintenance program. It is the intent of this General Assembly that with regard to the appropriation for Con tract with Vocational Rehabilitation Community Facilities, at least $80,000 is provided for an increase to the Bobby Dodd Workshop. Provided, that of the above appropriation, $67,525 is designated and committed to oper ate the Agent Orange Program. Provided, further, that no funds shall be expended without securing from veteran service organizations adequate data to properly implement the pro gram. B. Budget Unit: State Health Planning and Development.............................................................................................$ 431,400 State Health Planning and Development Budget: Personal Services.......................................................................................................! 793,300 Regular Operating Expenses .....................................................................................$ 57,000 Travel............................................................................................................................$ 21,100 Publications and Printing............................................................................................! 7,800 Equipment Purchases.......................................................................................................! -0- Computer Charges ......................................................................................................$ 30,600 Real Estate Rentals....................................................................................................! 80,200 Telecommunications...................................................................................................! 24,800 Per Diem, Fees and Contracts................................................................................! 191,000 Postage............................................................................................................................! 6,600 Total Funds Budgeted ..........................................................................................$ 1,212,400 Indirect DOAS Services Funding...................................................................................! -0- Agency Funds ............................................................................................................$ 781,000 State Funds Budgeted..............................................................................................! 431,400 Total Positions Budgeted 33 Authorized Motor Vehicles 0 Budget Unit Object Classes: Personal Services.....................................................................................................-! 793,300 Regular Operating Expenses .....................................................................................$ 57,000 Travel............................................................................................................................! 21,100 Publications and Printing............................................................................................! 7,800 MONDAY, MARCH 22, 1982 2589 Equipment Purchases.......................................................................................................$ -0- Computer Charges ......................................................................................................$ 30,600 Real Estate Rentals ....................................................................................................$ 80,200 Telecommunications ...................................................................................................$ 24,800 Per Diem, Fees and Contracts ................................................................................$ 191,000 Postage............................................................................................................................! 6,600 Total Positions Budgeted 33 Authorized Motor Vehicles 0 C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions................................................................................................! 268.292,440 1. Georgia Regional Hospital at Augusta Budget: Personal Services....................................................................................................! 8,464,639 Regular Operating Expenses ................................................................................$ 1,058,918 Travel............................................................................................................................! 12,430 Motor Vehicle Equipment Purchases.............................................................................................! 25,885 Publications and Printing............................................................................................! 4,000 Equipment Purchases.......................,.........................................................................! 79,316 Computer Charges....................................................................................................! 100,108 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 95,000 Per Diem, Fees and Contracts................................................................................! 249,550 Utilities.......................................................................................................................! 300,000 Postage............................................................................................................................! 9,150 Authority Lease Rentals ..........................................................................................$ 387,000 Capital Outlay ...........................................................................................................$ 188,375 Total Funds Budgeted........................................................................................! 10,974,371 Agency Funds .........................................................................................................$ 1,185,814 Indirect DOAS Services Funding.............................................................................! 65,900 State Funds Budgeted...........................................................................................! 9,722,657 Total Positions Budgeted 497 Authorized Motor Vehicles 25 2. Georgia Regional Hospital at Atlanta Budget: Personal Services..................................................................................................! 10,720,851 Regular Operating Expenses ................................................................................$ 1,445,232 Travel............................................................................................................................! 17,400 Motor Vehicle Equipment Purchases....................................................................................................................! 7,755 Publications and Printing............................................................................................! 9,100 Equipment Purchases...............................................................................................! 103,080 Computer Charges....................................................................................................! 147,529 Real Estate Rentals..........................................................................................................! -0Telecommunications.......................... ....................................................................,..$ 121,000 Per Diem, Fees and Contracts................................................................................! 312,130 Utilities.......................................................................................................................! 444,000 Postage..........................................................................................................................! 11,000 Capital Outlay.............................................................................................................! 34,000 Authority Lease Rentals ..........................................................................................$ 513,000 Total Funds Budgeted ........................................................................................$ 13,886,077 Agency Funds.........................................................................................................! 2,171,297 Indirect DOAS Services Funding...........................................................................! 102,100 2590 JOURNAL OF THE HOUSE, State Funds Budgeted.........................................................................................! 11,612,680 Total Positions Budgeted 631 Authorized Motor Vehicles 25 3. Georgia Regional Hospital at Savannah Budget: Personal Services....................................................................................................$ 8,693,318 Regular Operating Expenses ...................................................................................$ 819,887 Travel............................................................................................................................$ 14,500 Motor Vehicle Equipment Purchases...................................................................................................! -0- Publications and Printing............................................................................................! 1,900 Equipment Purchases.................................................................................................! 47,457 Computer Charges ....................................................................................................$ 140,591 Real Estate Rentals ........................................................................................................,,! -0- Telecommunications.................................................................................................! 106,250 Per Diem, Fees and Contracts................................................................................! 164,595 Utilities.......................................................................................................................! 377,000 Postage............................................................................................................................! 6,900 Authority Lease Rentals ........................................................................................,,! 500,000 Capital Outlay...................................................................................................................$-0- Total Funds Budgeted........................................................................................! 10,872,398 Agency Funds.........................................................................................................! 1,045,135 Indirect DOAS Services Funding.............................................................................! 93,300 State Funds Budgeted...........................................................................................! 9,733,963 Total Positions Budgeted 503 Authorized Motor Vehicles 22 4. West Central Georgia Regional Hospital Budget: Personal Services....................................................................................................! 7,240,243 Regular Operating Expenses ...................................................................................$ 847,500 Travel............................................................................................................................! 13,200 Motor Vehicle Equipment Purchases........................................................................! 7,555 Publications and Printing............................................................................................! 5,620 Equipment Purchases.................................................................................................! 28,665 Computer Charges......................................................................................................! 98,202 Real Estate Rentals..........................................................................................................! -0- Telecommunications.................................................................................................,,! 90,000 Per Diem, Fees and Contracts..................................................................................! 41,000 Utilities.......................................................................................................................! 371,000 Postage..........................................................................................................................! 12,500 Authority Lease Rentals..........................................................................................! 666,500 Capital Outlay.............................................................................................................! 25,000 Total Funds Budgeted ........................................................................................,,! 9,446,985 Agency Funds.........................................................................................................! 1,311,837 Indirect DOAS Services Funding.............................................................................! 82,300 State Funds Budgeted...........................................................................................! 8,052,848 Total Positions Budgeted 424 Authorized Motor Vehicles 25 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services..................................................................................................! 10,819,965 Regular Operating Expenses................................................................................! 1,215,073 Travel............................................................................................................................! 12,380 Motor Vehicle Equipment Purchases..................................................................................................................! 31,150 MONDAY, MARCH 22, 1982 2591 Publications and Printing............................................................................................$ 1,360 Equipment Purchases...............................................................................................! 113,806 Computer Charges ....................................................................................................$ 152,291 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 96,000 Per Diem, Fees and Contracts ..................................................................................$ 36,600 Utilities ....................................................................................................................$ 1,073,210 Postage............................................................................................................................$ 9,125 Capital Outlay ...................................................................................................................! -0- Authority Lease Rentals ..........................................................................................I 883,500 Total Funds Budgeted ........................................................................................$ 14,444,460 Agency Funds .........................................................................................................$ 2,956,324 Indirect DOAS Services Funding .............................................................................$ 93,300 State Funds Budgeted.........................................................................................$ 11,394,836 Total Positions Budgeted 682 Authorized Motor Vehicles 45 6. Gracewood State School and Hospital Budget: Personal Services..................................................................................................? 25,757,473 Regular Operating Expenses ................................................................................$ 2,606,929 Travel............................................................................................................................! 11,725 Motor Vehicle Equipment Purchases..................................................................................................................! 14,385 Publications and Printing............................................................................................$ 6,587 Equipment Purchases...............................................................................................! 289,623 Computer Charges.....,..............................................................................................! 100,108 Real Estate Rentals ........................................................................................................,,! -0- Telecommunications ...............................................................................................,,! 265,000 Per Diem, Fees and Contracts................................................................................! 119,000 Utilities....................................................................................................................! 1,475,000 Postage..........................................................................................................................! 13,900 Capital Outlay........................................................................................................ lJ/77,488 Total Funds Budgeted........................................................................................! 31,837,218 Agency Funds.......................................................................................................? 11,777,189 Indirect DOAS Services Funding...........................................................................! 160,400 State Funds Budgeted.........................................................................................! 19,899,629 Total Positions Budgeted - July 1, 1982 1,686 Total Positions Budgeted - June 30, 1983 1,625 Authorized Motor Vehicles 111 7. Southwestern State Hospital Budget: Personal Services..................................................................................................! 17,866,615 Regular Operating Expenses................................................................................! 1,885,704 Travel............................................................................................................................! 18,100 Motor Vehicle Equipment Purchases..................................................................................................................! 32,450 Publications and Printing............................................................................................! 5,300 Equipment Purchases...............................................................................................! 140,780 Computer Charges....................................................................................................! 156,486 Real Estate Rentals..........................................................................................................? -0Telecommunications.................................................................................................! 143,000 Per Diem, Fees and Contracts................................................................................! 244,000 Utilities.,.....................................................................................................................? 737,000 Postage..........................................................................................................................! 15,500 Capital Outlay.............................................................................................................! 50,000 2592 JOURNAL OF THE HOUSE, Total Funds Budgeted ........................................................................................$ 21,294,935 Agency Funds .........................................................................................................$ 6,896,538 Indirect DOAS Services Funding .............................................................................$ 98,800 State Funds Budgeted.........................................................................................$ 14,299,597 Total Positions Budgeted - July 1, 1982 1,155 Total Positions Budgeted - June 30, 1983 1,139 Authorized Motor Vehicles 53 8. Georgia Retardation Center Budget: Personal Services..................................................................................................! 14,943,902 Regular Operating Expenses ................................................................................$ 2,534,630 Travel............................................................................................................................$ 12,800 Motor Vehicle Equipment Purchases..................................................................................................................! 25,350 Publications and Printing............................................................................................! 6,750 Equipment Purchases...............................................................................................! 153,787 Computer Charges....................................................................................................! 158,207 Real Estate Rentals..........................................................................................................! -0- Telecommunications. ................................................................................................$ 169,200 Per Diem, Fees and Contracts................................................................................! 139,870 Utilities....................................................................................................................! 1,056,500 Postage..........................................................................................................................! 12,680 Authority Lease Rentals ..........................................................................................$ 794,000 Capital Outlay...........................................................................................................$100,000 Total Funds Budgeted ........................................................................................$ 20,107,676 Agency Funds.........................................................................................................! 8,607,035 Indirect DOAS Services Funding...........................................................................! 109,800 State Funds Budgeted.........................................................................................! 11,390,841 Total Positions Budgeted - July 1, 1982 935 Total Positions Budgeted - June 30, 1983 916 Authorized Motor Vehicles 39 9. Georgia Mental Health Institute Budget: Personal Services....................................................................................................! 9,073,954 Regular Operating Expenses ................................................................................$ 1,081,189 Travel............................................................................................................................! 13,900 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing............................................................................................! 5,655 Equipment Purchases.................................................................................................! 51,115 Computer Charges....................................................................................................! 174,054 Real Estate Rentals..........................................................................................................! -0- Telecommunications .................................................................................................$ 172,000 Per Diem, Fees and Contracts................................................................................! 651,915 Utilities ....................................................................................................................$ 1,251,000 Postage..........................................................................................................................! 11,900 Authority Lease Rentals..................................................................................................! -0- Capital Outlay...................................................................................................................! -0- Total Funds Budgeted ........................................................................................$ 12,486,682 Agency Funds.........................................................................................................! 1,075,777 Indirect DOAS Services Funding...........................................................................! 202,100 State Funds Budgeted.........................................................................................! 11,208,805 Total Positions Budgeted 510 Authorized Motor Vehicles 20 MONDAY, MARCH 22, 1982 2593 10. Central State Hospital Budget: Personal Services..................................................................................................$ 67,065,162 Regular Operating Expenses ..............,.........................,.......................................$ 9,044,690 Travel............................................................................................................................$ 22,100 Motor Vehicle Equipment Purchases..................................................................................................................$ 91,110 Publications and Printing..........................................................................................? 35,500 Equipment Purchases...............................................................................................$ 191,341 Computer Charges ....................................................................................................? 654,722 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .................................................................................................$ 476,900 Per Diem, Fees and Contracts................................................................................? 245,685 Utilities ....................................................................................................................$ 4,133,416 Postage..........................................................................................................................$ 42,500 Authority Lease Rentals ..........................................................................................$ 787,875 Capital Outlay ...........................................................................................................$ 790,000 Total Funds Budgeted ........................................................................................? 83,581,001 Agency Funds .......................................................................................................$ 22,132,222 Indirect DOAS Services Funding ...........................................................................$ 617,000 State Funds Budgeted.........................................................................................? 60,831,779 Total Positions Budgeted - July 1, 1982 4,162 Total Positions Budgeted - June 30,1983 4,119 Authorized Motor Vehicles 215 11. State Youth Development Centers Budget: Personal Services..................................................................................................? 11,720,488 Regular Operating Expenses ................................................................................$ 1,433,500 Travel..............................................................................................................................$ 8,000 Motor Vehicle Equipment Purchases................................................................................................................? 138,580 Publications and Printing............................................................................................? 3,200 Equipment Purchases...............................................................................................? 204,600 Computer Charges.............................................................................................................? -0- Real Estate Rentals..........................................................................................................? -0- Telecommunications.................................................................................................? 100,000 Per Diem, Fees and Contracts..........................................................................,.....? 157,800 Utilities.......................................................................................................................? 750,000 Postage..........................................................................................................................? 19,500 Capital Outlay...........................................................................................................? 340,000 Total Funds Budgeted........................................................................................? 14,875,668 Agency Funds............................................................................................................? 447,074 State Funds Budgeted.........................................................................................? 14,428,594 Total Positions Budgeted 714 Authorized Motor Vehicles 103 12. Regional Youth Development Centers Budget: Personal Services....................................................................................................? 6,190,928 Regular Operating Expenses...................................................................................? 866,100 Travel............................................................................................................................? 12,000 Motor Vehicle Equipment Purchases.............................................................................................? 33,085 Publications and Printing............................................................................................? 3,000 Equipment Purchases.................................................................................................? 68,995 Computer Charges.............................................................................................................? -0- 2594 JOURNAL OF THE HOUSE, Real Estate Rentals ..........................................................................................................! -0- Telecommunications...................................................................................................$ 56,500 Per Diem, Fees and Contracts ..................................................................................$ 76,500 Utilities .......................................................................................................................$ 500,000 Postage............................................................................................................................! 9,600 Capital Outlay...............................................................................................................$5,000 Reserve for Athens RYDC.........................................................................................$ 82,000 Grants to County-Owned Detention Centers ..............................................................................................$ 2,418.125 Total Funds Budgeted ........................................................................................! 10,321,733 Agency Funds............................................................................................................$324,897 State Funds Budgeted...........................................................................................! 9,996,836 Total Positions Budgeted 406 Authorized Motor Vehicles 41 13. Community Mental Health/ Mental Retardation Services Budget: Personal Services....................................................................................................! 9,061,460 Regular Operating Expenses ...................................................................................$ 544,309 Travel............................................................................................................................! 55,360 Motor Vehicle Equipment Purchases..................................................................................................................! 40,700 Publications and Printing............................................................................................! 6,000 Equipment Purchases.................................................................................................! 20,500 Computer Charges.............................................................................................................! -0Real Estate Rentals..................................................................................................! 108,600 Telecommunications...................................................................................................! 48,250 Per Diem, Fees and Contracts................................................................................! 255,150 Utilities.........................................................................................................................! 28,300 Postage............................................................................................................................! 3,275 Capital Outlay...................................................................................................................! -0- Drug Abuse Contracts ...........................................................................................$ 1,098,200 Day Care Centers for the Mentally Retarded ...........................................................................................$ 45,534,326 MR Day Care Center Motor Vehicle Purchases .................................................................................................$ 579,000 Supportive Living Staff ........................................................................................$ 1,368,000 Supportive Living Benefits...................................................................................! 3,944,733 Georgia State Foster Grandparent/Senior Companion Program.............................................................................................! 514,000 Community Mental Health Center Services.................................................................................................! 56,392,629 Project Rescue...........................................................................................................! 249,412 Project ARC ...............................................................................................................$ 155,000 Project Friendship ....................................................................................................$ 209,000 Group Homes for Autistic Children...................................................................................................! 260,140 Uniform Alcoholism Projects ............................................................;..................$ 2,288,250 Community Mental Retardation Staff ...............................................................................................$ 2,626,866 Community Mental Retardation Residential Services ...........................................................................................$ 7,973,740 Total Funds Budgeted ......................................................................................$ 133,365,200 Social Services Block Grant Funds ..........................................................................................$ 20,700,000 Agency Funds.......................................................................................................! 46,702,921 MONDAY, MARCH 22, 1982 2595 State Funds Budgeted.........................................................................................! 65,962,279 Total Positions Budgeted 453 Authorized Motor Vehicles 803 Community Mental Health/Mental Retardation Services Functional Budgets Total Funds State Funds Pos. Mental Health Community Assistance $ 5,442,527 $ 5,332,145 Outdoor Therapeutic Program $ 840,455 $ 833,966 Mental Retardation Community Assistance $ 1,483,332 $ 1,468,602 Central Pharmacy $ 105,503 $ 104,455 Metro Drug Abuse Centers $ 1,091,991 $ 454,351 Day Care Centers for the Mentally Retarded $ 46,428,739 $ 22,480,105 Supportive Living $ 5,312,733 $ 3,082,733 Georgia State Foster Grandparent/Senior Companion Program $ 514,000 $ 514,000 Community Mental Retardation Staff $ 2,626,866 $ 1,927,733 Community Mental Retardation Residential Services $ 7,973,740 $ 5,999,019 Group Homes for Autistic Children $ 260,140 $ 260,140 0 Project Rescue $ 249,412 $ 86,412 0 Drug Abuse Contracts $ 1,098,200 $ 252,562 0 Project ARC $ 155,000 $ 155,000 0 Project Friendship $ 209,000 $ 209,000 0 Community Mental Health Center Services $ 57,119,482 $ 20,735,506 36 Uniform Alcoholism Projects $ 2,288,250 $ 2,066,550 0 Central Laboratory $ 165,830 $ -- 0-- 7 Undistributed $ --0-- I -- 0-- 0 Total $ 133,365,200 $ 65,962,279 453 14. Community Youth Services Budget: Personal Services..................... Regular Operating Expenses , Travel........................................ ..........................$ ..........................$ 2596 JOURNAL OF THE HOUSE, Motor Vehicle Equipment Purchases......................................................................! 24,750 Publications and Printing............................................................................................! 3,750 Equipment Purchases.................................................................................................! 32,685 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..................................................................................................$ 274,200 Telecommunications.................................................................................................! 208,500 Per Diem, Fees and Contracts........................................................................................! -0- Utilities.........................................................................................................................! 30,200 Postage..........................................................................................................................! 20,850 Child Care Benefits ....................................................................................................$ 15,000 Total Funds Budgeted ..........................................................................................$ 9,851,372 State Funds Budgeted...........................................................................................! 9,757,096 Total Positions Budgeted 421 Authorized Motor Vehicles 19 Community Youth Services Functional Budgets Total Funds State Funds Pos. Group Homes $ 420,550 $ 420,550 19 Community Detention $ 1,239,074 ! 1,239,074 18 Day Centers ! 552,475 $ 552,475 24 Community Treatment Centers $ 1,692,525 ! 1,692,525 82 Court Services ! 5,503,798 ! 5,409,522 260 Runaway Investigations ! 372,250 ! 372,250 15 Interstate Compact ! 70,700 ! 70,700 3 Undistributed $ --0-- ! --0-- 0 Total ! 9,851,372 ! 9,757,096 421 15. Regular Operating Expense Reserve Budget: Regular Operating Expense.............................................................................................! -0Total Funds........................................................................................................................! -0State Funds........................................................................................................................! -0- Budget Unit Object Classes: Personal Services................................................................................................! 215,434,991 Regular Operating Expenses ..............................................................................$ 26,430,305 Travel..........................................................................................................................! 602,695 Motor Vehicle Equipment Purchases................................................................................................................! 472,755 Publications and Printing..........................................................................................! 97,722 Equipment Purchases............................................................................................! 1,525,750 Computer Charges.................................................................................................! 1,882,298 Real Estate Rentals ..................................................................................................$ 382,800 Telecommunications..............................................................................................! 2,147,600 Per Diem, Fees and Contracts.............................................................................! 2,693,795 Utilities..................................................................................................................! 12,526,626 Postage........................................................................................................................! 198,280 Capital Outlay ........................................................................................................$ 2,709,863 Authority Lease Rentals .......................................................................................$ 4,531,875 Grants to County-Owned Detention Centers..............................................................................................! 2,418,125 MONDAY, MARCH 22, 1982 2597 Reserve for Athens RYDC.........................................................................................$ 82,000 Drug Abuse Contracts ................,..........................................................................$ 1,098,200 Day Care Centers for the Mentally Retarded ...........................................................................................$ 45,534,326 MR Day Care Center Motor Vehicle Purchases .................................................................................................$ 579,000 Supportive Living Staff ...................................................................,....................$ 1,368,000 Supportive Living Benefits...................................................................................!? 3,944,733 Georgia State Foster Grandparent/Senior Companion Program.............................................................................................$ 514,000 Community Mental Health Center Services .................................................................................................$ 56,392,629 Project Rescue...........................................................................................................$ 249,412 Project ARC...............................................................................................................$ 155,000 Project Friendship ....................................................................................................$ 209,000 Group Homes for Autistic Children...................................................................................................! 260,140 Uniform Alcoholism Projects ...............................................................................$ 2,288,250 Child Care Benefits ....................................................................................................$ 15,000 Community Mental Retardation Staff ...............................................................................................$ 2,626,866 Community Mental Retardation Residential Services...........................................................................................! 7,973,740 Total Positions Budgeted - July 1, 1982 13,179 Total Positions Budgeted - June 30, 1983 13,040 Authorized Motor Vehicles 1,546 Provided, that of the above appropriation relating to Community Mental Health Cen ters, agency income, excluding federal grants where prohibited, shall be expended first to cover expenses for local programs. Surplus funds at the end of the year shall not exceed 60-day collections. Surplus above this limitation shall revert to the State and local govern ments on a pro rata basis based on contribution of said governments to the program. Provided, that of the above appropriation relating to Community Mental Retardation Residential Services, the Department is authorized to increase the maximum monthly pay ments to service providers from $350 to $385 and to supplant State funds with patient col lections to reduce the State cost of the program. Provided, that of the above appropriation relating to Community Mental Health Cen ters, private gifts and donations, as well as proceeds of local fund raising activities, shall not be required to be budgeted to the Department or to the Office of Planning and Bud get. Provided that the Department is given the flexibility in the Community Mental Retar dation Residential Services Program to use benefits to contract with private home providers for service or to provide small group living situations or semi-independent living situations for clients; and further provided that these residential services are available to clients residing in the community as well as those returning to their communities from the institution. Provided that Community Mental Health Centers shall provide services to clients living within the geographic catchment area served by such centers without regard to the length of time such client has resided in such geographic catchment area if such client is other wise eligible to receive services. Provided, that of the above appropriation relating to Supportive Living Benefits, the Department is provided the flexibility to contract with private homeproviders for services in the home and/or to provide small group residences for clients and/or provide respite care services for clients and/or other residential services needed to support clients in the communities. 2598 JOURNAL OF THE HOUSE, Provided, however, it is the intent of this General Assembly that no additional Youth Services group homes or community treatment centers be started with Federal Funds without prior approval by the General Assembly of Georgia. Provided, that of the above appropriation relating to Central State Hospital, the Depart ment is authorized to establish a unit for the severely psychiatrically regressed with exist ing funds and personnel. Section 27. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade......................................................................................................$8.828.608 1. Industry Budget: Personal Services.......................................................................................................! 553,000 Regular Operating Expenses .....................................................................................$ 11,805 Travel............................................................................................................................! 43,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 8,000 Equipment Purchases......................................................................................................! 547 Computer Charges......................................................................................................! 12,500 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .........................................................................................................$ -0- Per Diem, Fees and Contracts....................................................................................! 1,000 Total Funds Budgeted .............................................................................................$ 629,852 State Funds Budgeted..............................................................................................! 623,553 Total Positions Budgeted 23 2. Research Budget: Personal Services.......................................................................................................! 320,000 Regular Operating Expenses.......................................................................................! 4,840 Travel..............................................................................................................................! 2,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 20,100 Equipment Purchases...................................................................................................! 2,700 Computer Charges........................................................................................................! 3,066 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications.........................................................................................................! -0- Per Diem, Fees and Contracts....................................................................................! 7,923 Total Funds Budgeted .............................................................................................$ 360,629 State Funds Budgeted..............................................................................................! 357,023 Total Positions Budgeted 14 3. Tourism - Promotional Budget: Personal Services.......................................................................................................! 648,119 Regular Operating Expenses .....................................................................................$ 72,675 Travel............................................................................................................................! 65,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing........................................................................................! 239,500 Equipment Purchases...................................................................................................! 5,355 Computer Charges......................................................................................................! 22,400 Real Estate Rentals..........................................................................................................! -0- Telecommunications.........................................................................................................! -0- Per Diem, Fees and Contracts..................................................................................! 61,280 Historic Chattahoochee Commission Contract.............................................................................................! 40,000 Total Funds Budgeted ..........................................................................................$ 1,154,329 State Funds Budgeted...........................................................................................! 1,143,212 Total Positions Budgeted 30 MONDAY, MARCH 22, 1982 2599 4. Tourist - Welcome Centers Budget: Personal Services....................................................................................................! 1,358,000 Regular Operating Expenses ...................................................................................$ 338,755 Travel............................................................................................................................$ 36,330 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 12,000 Equipment Purchases.................................................................................................! 19,605 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications...................................................................................................$ 13,924 Per Diem, Fees and Contracts....................................................................................! 4,450 Capital Outlay...................................................................................................................! -0- Local Welcome Centers..............................................................................................! 95,000 Total Funds Budgeted ..........................................................................................$ 1,878,064 State Funds Budgeted...........................................................................................! 1,770,233 Total Positions Budgeted 99 5. Internal Administration Budget: Personal Services.......................................................................................................! 605,000 Regular Operating Expenses ...................................................................................$ 240,270 Travel............................................................................................................................! 15,000 Motor Vehicle Equipment Purchases......................................................................! 48,200 Publications and Printing..........................................................................................! 40,000 Equipment Purchases...................................................................................................! 1,058 Computer Charges...........................................................................................................! 860 Real Estate Rentals ..................................................................................................$ 225,000 Telecommunications.................................................................................................! 115,600 Per Diem, Fees and Contracts..................................................................................! 17,000 Postage........................................................................................................................! 160,000 Georgia Ports Authority - Authority Lease Rentals ...................................................................................$ 2,605,000 Georgia Ports Authority - General Obligation Bond Payments.............................................................................................................! 1,000,000 Atlanta Council for International Visitors.............................................................................................! 25,000 Waterway Development in Georgia..........................................................................! 25,000 Georgia Music Week Promotion...............................................................................! 10,000 Georgia World Congress Center Operating Expenses ..............................................................................................$ 100,000 Georgia World Congress Center Marketing Program.......................................................................................................! -0- International Council of Georgia, Inc....................................................................................................................! -0- Georgia Semiquincentenary Commission..............................................................................................................! 80,000 Total Funds Budgeted..........................................................................................! 5,312,988 State Funds Budgeted...........................................................................................! 3,208,124 Total Positions Budgeted 25 6. International Budget: Personal Services......................................................................................................-! 570,000 Regular Operating Expenses.....................................................................................! 47,930 Travel............................................................................................................................! 80,000 Motor Vehicle Equipment Purchases.............,..............................................................! -0Publications and Printing..........................................................................................! 25,000 Equipment Purchases...................................................................................................! 3,010 Computer Charges ......................................................................................................$ 20,000 2600 JOURNAL OF THE HOUSE, Real Estate Rentals ....................................................................................................$ 47,190 Telecommunications ...................................................................................................$ 24,926 Per Diem, Fees and Contracts..................................................................................| 89^250 Total Funds Budgeted .............................................................................................$ 907,306 State Funds Budgeted..............................................................................................! 898,463 Total Positions Budgeted 16 7. Advertising Budget: Advertising .................................................................................................................$ 828,000 Total Funds Budgeted .............................................................................................$ 828,000 State Funds Budgeted..............................................................................................? 828,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services....................................................................................................$ 4,054,119 Regular Operating Expenses ...................................................................................$ 716,275 Travel..........................................................................................................................! 241,330 Motor Vehicle Equipment Purchases ......................................................................$ 48,200 Publications and Printing........................................................................................$ 344,600 Equipment Purchases.................................................................................................$ 32,275 Computer Charges ......................................................................................................$ 58,826 Real Estate Rentals ..................................................................................................$ 272,190 Telecommunications .................................................................................................$ 154,450 Per Diem, Fees and Contracts ................................................................................$ 180,903 Postage........................................................................................................................! 160,000 Capital Outlay ...................................................................................................................$ -0- Local Welcome Center Contracts.............................................................................$ 95,000 Advertising.................................................................................................................! 828,000 Georgia Ports Authority - Authority Lease Rentals ...................................................................................$ 2,605,000 Georgia Ports Authority - General Obligation Bond Payments.............................................................................................................! 1,000,000 Historic Chattahoochee Commission Contract.............................................................................................! 40,000 Atlanta Council for International Visitors.............................................................................................! 25,000 Waterway Development in Georgia..........................................................................! 25,000 Georgia Music Week Promotion...............................................................................! 10,000 Georgia World Congress Center Operating Expenses..............................................................................................! 100,000 Georgia World Congress Center Marketing Program.......................................................................................................! -0- International Council of Georgia, Inc....................................................................................................................! -0- Georgia Semiquincentenary Commission..............................................................................................................! 80,000 Total Positions Budgeted 207 Authorized Motor Vehicles 21 For general administrative cost of operating the Department of Industry and Trade, including advertising expense. B. Budget Unit: Authorities...............................................................................................! ^ 1. Georgia World Congress Budget: Personal Services....................................................................................................! 2,880,909 Regular Operating Expenses ..............................................................................,,! 1,085,408 Travel............................................................................................................................! 24,000 Motor Vehicle Equipment Purchases............................................................................! -0- MONDAY, MARCH 22, 1982 2601 Publications and Printing..........................................................................................! 21,000 Equipment Purchases.................................................................................................! 40,000 Computer Charges ...........................................................................................................$ 600 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications...................................................................................................$ 45,840 Per Diem, Fees and Contracts ................................................................................$ 157,080 Atlanta Convention and Visitors Bureau......................................................................................................! 765,972 Total Funds Budgeted ..........................................................................................$ 5,020,809 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 120 2. Georgia Ports Authority Budget: Personal Services..................................................................................................! 23,953,056 Regular Operating Expenses ................................................................................$ 7,870,228 Travel..........................................................................................................................$ 435,207 Motor Vehicle Equipment Purchases................................................................................................................! 472,080 Publications and Printing........................................................................................! 108,108 Equipment Purchases............................................................................................! 3,836,805 Real Estate Rentals....................................................................................................! 99,403 Telecommunications.................................................................................................! 302,960 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations ..................................................................................$ 2,089,184 Computer Charges....................................................................................................! 457,142 Per Diem, Fees and Contracts.............................................................................! 1,211,582 Other Debt-Service Payments ................................................................................$ 696,150 Capital Outlay - Internal Operations...........................................................................................................! 4,024,965 Capital Reinvestment.......................................................................................................! -0- Total Funds Budgeted ....................................................................,,..................$ 45,556,870 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 750 Budget Unit Object Classes: Personal Services..................................................................................................! 26,833,965 Regular Operating Expenses ................................................................................$ 8,955,636 Travel..........................................................................................................................! 459,207 Motor Vehicle Equipment Purchases................................................................................................................! 472,080 Publications and Printing........................................................................................! 129,108 Equipment Purchases............................................................................................! 3,876,805 Computer Charges....................................................................................................! 457,742 Real Estate Rentals ....................................................................................................$ 99,403 Telecommunications.................................................................................................! 348,800 Per Diem, Fees and Contracts.............................................................................! 1,368,662 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations ..................................................................................$ 2,089,184 Other Debt-Service Payments ................................................................................$ 696,150 Capital Outlay - Internal Operations...........................................................................................................! 4,024,965 Atlanta Convention and Visitors Bureau......................................................................................................! 765,972 Total Positions Budgeted 870 Authorized Motor Vehicles 36 2602 JOURNAL OF THE HOUSE, It is the intent of this General Assembly that to the extent that gross income from oper ations exceeds the amount contemplated in this Appropriations Act, such excess may be applied toward the cost of operations and excess cost of authorized planning of new facili ties, provided that budget amendments reflecting such proposed applications are provided to the Office of Planning and Budget and the Legislative Budget Office at least two weeks prior to such application of funds. It is the intent of this General Assembly that the World Congress Center Authority repay, by direct remittance to the State Treasury during the next twenty years, the full amount of Capital Outlay authorized in the Fiscal 1978 appropriations bill, such repay ments to begin no later than Fiscal 1980. Provided, further, that such payments in any year shall not exceed the net operating revenues derived from the operation of the parking and truck-marshalling facilities contemplated in such Capital Outlay appropriation. It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Ports Authority utilize existing surplus funds for payments to bond trustees for unmatured issues. Section 28. Department of Labor. A. Budget Unit: Inspection Division........................................................................} 781,882 Inspection Division Budget: Personal Services..............:........................................................................................$ 639,000 Regular Operating Expenses ....................................................................................$ 10,200 Travel..........................................................................................................................$ 119,024 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 5,000 Equipment Purchases......................................................................................................$ 465 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ......................................................................................................$ 7,591 Telecommunications.....................................................................................................! 8,000 Per Diem, Fees and Contracts.......................................................................................$ 500 Total Funds Budgeted .............................................................................................$ 789,780 State Funds Budgeted..............................................................................................? 781,882 Total Positions Budgeted 29 Budget Unit Object Classes: Personal Services.......................................................................................................! 639,000 Regular Operating Expenses .....................................................................................$ 10,200 Travel..........................................................................................................................! 119,024 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 5,000 Equipment Purchases......................................................................................................$ 465 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ......................................................................................................$ 7,591 Telecommunications.....................................................................................................! 8,000 Per Diem, Fees and Contracts.......................................................................................! 500 Total Positions Budgeted 29 B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training..........................................................................! 3,156,367 1. Basic Employment Security and W.I.N. Budget: Personal Services..................................................................................................! 38,192,569 Regular Operating Expenses................................................................................! 2,396,700 Travel.......................................................................................................................! 1,057,741 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 10,600 MONDAY, MARCH 22, 1982 2603 Equipment Purchases............................................................................................! 1,005,000 Computer Charges .....................................,,..........................................................$ 1,038,000 Real Estate Rentals ...............................................................................................$ 1,117,000 Telecommunications.................................................................................................! 948,000 Per Diem, Fees and Contracts.............................................................................! 1,250,000 W.I.N. Grants ............................................................................................................$ 600,000 Capital Outlay...................................................................................................................}^ Total Funds Budgeted........................................................................................! 47,615,610 State Funds Budgeted...........................................................................................! 1,278,049 Total Positions Budgeted 1,601 2. Comprehensive Employment and Training Act (CETA) Budget: Personal Services....................................................................................................! 8,242,500 Regular Operating Expenses...................................................................................! 839,200 Travel..........................................................................................................................! 121,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing............................................................................................! 6,000 Equipment Purchases.................................................................................................! 87,000 Computer Charges....................................................................................................! 104,000 Real Estate Rentals ..................................................................................................$ 206,000 Telecommunications.................................................................................................! 113,000 Per Diem, Fees and Contracts (CETA).................................................................................................! 381,000 CETA Direct Benefits.........................................................................................! 34,500,000 Total Funds Budgeted ........................................................................................$ 44,599,700 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 422 3. Correctional Services Budget: Personal Services....................................................................................................! 1,668,300 Regular Operating Expenses.....................................................................................! 44,700 Travel............................................................................................................................! 50,866 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing...............................................................................................! 750 Equipment Purchases...................................................................................................! 1,000 Computer Charges........................................................................................................$ 3,600 Real Estate Rentals....................................................................................................! 63,000 Telecommunications...................................................................................................! 39,000 Per Diem, Fees and Contracts..................................................................................! 23.600 Total Funds Budgeted ..........................................................................................$ 1,894,816 State Funds Budgeted...........................................................................................! 1,878,318 Total Positions Budgeted 74 Budget Unit Object Classes: Personal Services..................................................................................................! 48,103,369 Regular Operating Expenses ................................................................................$ 3,280,600 Travel.......................................................................................................................! 1,229,607 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing..........................................................................................! 17,350 Equipment Purchases............................................................................................! 1,093,000 Computer Charges .................................................................................................$ 1,145,600 Real Estate Rentals ...............................................................................................$ 1,386,000 Telecommunications..............................................................................................! 1,100,000 Per Diem, Fees and Contracts (CETA).................................................................................................! 381,000 2604 JOURNAL OF THE HOUSE, Per Diem, Fees and Contracts.............................................................................$ 1,273,600 W.I.N. Grants ............................................................................................................$ 600,000 CETA Direct Benefits.........................................................................................$ 34,500,000 Capital Outlay ...................................................................................................................$ -0- Total Positions Budgeted 2,097 Authorized Motor Vehicles 6 Section 29. Department of Law. Budget Unit: Department of Law.........................................................................| 4,253,633 Attorney General's Office Budget: Personal Services....................................................................................................? 3,747,000 Regular Operating Expenses ...................................................................................$ 214,700 Travel..........................................................................................................................$ 105,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing......................................-..................................................? 37,200 Equipment Purchases...................................................................................................$ 6,800 Computer Charges ........................................................................................................$ 9,252 Books for State Library .............................................................................................$ 53,000 Real Estate Rentals ..................................................................................................$ 293,480 Telecommunications ......._..........................................................................................$ 89,891 Per Diem, Fees and Contracts ..................................................................................$ 40,000 Capital Outlay ...................................................................................................................| JL Total Funds Budgeted ..........................................................................................$ 4,596,323 State Funds Budgeted...........................................................................................$ 4,253,633 Total Positions Budgeted 116 Budget Unit Object Classes: Personal Services....................................................................................................$ 3,747,000 Regular Operating Expenses ...................................................................................$ 214,700 Travel..........................................................................................................................$ 105,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 37,200 Equipment Purchases...................................................................................................$ 6,800 Computer Charges ........................................................................................................$ 9,252 Real Estate Rentals ..................................................................................................$ 293,480 Telecommunications...................................................................................................! 89,891 Per Diem, Fees and Contracts ..................................................................................$ 40,000 Books for State Library .............................................................................................$ 53,000 Capital Outlay ...................................................................................................................$ -0- Total Positions Budgeted 116 Authorized Motor Vehicles 1 For the cost of operating the Department of Law provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, steno graphic help, necessary to carry on the legal duties of the State, required of the Depart ment of Law, or any agency of the State in the Executive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by law. Provided, however, that of the above appropriation relative to regular operating expenses, $38,000 is designated and committed for Court Reporter Fees. Section 30. Department of Medical Assistance. Budget Unit: Medicaid Services .......................................................................$ 202,770,526 1. Commissioner's Office Budget: Personal Services....................................................................................................$ 1,557,819 MONDAY, MARCH 22, 1982 2605 Regular Operating Expenses .....................................................................................$ 37,973 Travel............................................................................................................................! 85,500 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 10,358 Equipment Purchases...................................................................................................! 5,602 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 59,000 Telecommunications...................................................................................................! 55,900 Per Diem, Fees and Contracts..................................................................................! 26,000 Postage.......................................................................................................,.......................! 950 Utilities...............................................................................................................................! -0- Audits Contracts.............................................................................................................,.! -0- Total Funds Budgeted..........................................................................................! 1,839,102 State Funds Budgeted..............................................................................................! 864,792 Total Positions Budgeted 74 2. Administration Budget: Personal Services..........................................................................,............................! 986,772 Regular Operating Expenses.....................................................................................! 64,711 Travel............................................................................................................................! 11,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 17,500 Equipment Purchases.........................................................................................,.........! 2,000 Computer Charges......................................................................................................! 55,000 Real Estate Rentals....................................................................................................! 67,500 Telecommunications...................................................................................................! 25,960 Per Diem, Fees and Contracts................................................................................! 233,500 Postage........................................................................................................................! 164,564 Utilities...............................................................................................................................! -0- Audits Contracts.......................................................................................................! 599,700 Total Funds Budgeted..........................................................................................! 2,228,207 State Funds Budgeted..............................................................................................! 870,372 Total Positions Budgeted 45 3. Program Management Budget: Personal Services....................................................................................................! 1,838,355 Regular Operating Expenses.....................................................................................! 63,011 Travel............................................................................................................................! 50,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing.......................,..................................................................! 36,200 Equipment Purchases...................................................................................................! 3,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 69,600 Telecommunications...................................................................................................! 78,200 Per Diem, Fees and Contracts.............................................................................! 8,736,700 Postage................................................................................................................................! -0- Utilities...............................................................................................................................! -0- Contract with Georgia Medical Care Foundation............................................................................................................! -0- Total Funds Budgeted ........................................................................................$ 10,875,066 State Funds Budgeted...........................................................................................! 1,391,487 Total Positions Budgeted 98 4. Operations Budget: Personal Services....................................................................................................! 1,868,708 Regular Operating Expenses ...................................................................................$ 166,968 Travel..............................................................................................................................! 4,800 Motor Vehicle Equipment Purchases............................................................................! -0- 2606 JOURNAL OF THE HOUSE, Publications and Printing........................................................................................! 114,000 Equipment Purchases...................................................................................................! 1,800 Computer Charges.................................................................................................! 8,237,661 Real Estate Rentals ....................................................................................................$ 95,600 Telecommunications...................................................................................................! 89,700 Per Diem, Fees and Contracts..................................................................................! 76,000 Postage........................................................................................................................! 675,659 Utilities...............................................................................................................................!^ Total Funds Budgeted........................................................................................! 11,330,896 Indirect DOAS Services Funding........................................................................! 1,400,000 Agency Funds.........................................................................................................! 8,420,288 State Funds Budgeted...........................................................................................! 1,510,608 Total Positions Budgeted 111 5. Benefits Payments Budget: Medicaid Benefits ...................,,.........................................................................$ 619,689,843 Payments to Counties for Mental Health ..............................................................................................$ 8.898.900 Total Funds Budgeted ......................................................................................$ 628,588,743 State Funds Budgeted.......................................................................................! 198,133,267 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services....................................................................................................! 6,251,654 Regular Operating Expenses ...................................................................................$ 332,663 Travel..........................................................................................................................! 151,300 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing........................................................................................! 178,058 Equipment Purchases.................................................................................................! 12,402 Computer Charges.................................................................................................! 8,292,661 Real Estate Rentals ..................................................................................................$ 291,700 Telecommunications.................................................................................................! 249,760 Per Diem, Fees and Contracts.............................................................................! 9,072,200 Postage........................................................................................................................! 841,173 Utilities...............................................................................................................................! -0- Medicaid Benefits..............................................................................................! 619,689,843 Payments to Counties for Mental Health ....................................................................................................$ 8,898,900 Audits Contracts .......................................................................................................$ 599,700 Contract with Georgia Medical Care Foundation.............................................................................................! -0- Total Positions Budgeted 328 Authorized Motor Vehicles 4 Provided, however, the Department is authorized and directed to retain all prior years' benefit appropriations in reserve for twenty-four months after the end of the respective fiscal years to which such appropriations were made, and such reserves shall not be subject to lapse therebefore. Provided, that any reserve created by the State Auditor for the payment of Medicaid Benefits can be expended and otherwise treated for accounting and other purposes for Payments to Counties for Mental Health. Section 31. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments............................................................................... MONDAY, MARCH 22, 1982 2607 1. Applicant Services Budget: Personal Services.......................................................................................................? 831,040 Regular Operating Expenses .....................................................................................$ 16,490 Travel............................................................................................................................$ 11,670 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 55,000 Equipment Purchases...................................................................................................! 6,250 Computer Charges....................................................................................................! 416,130 Real Estate Rentals............................................................................................,.............! -0- Telecommunications...................................................................................................! 20,260 Per Diem, Fees and Contracts....................................................................................! 2,800 Postage..........................................................................................................................! 75,480 Total Funds Budgeted..........................................................................................! 1,435,120 Agency Assessments..............................................................................................! 1,435,120 Total Positions Budgeted 41 2. Classification and Compensation Budget: Personal Services.......................................................................................................! 458,655 Regular Operating Expenses .......................................................................................$ 6,160 Travel..............................................................................................................................! 2,465 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 7,840 Equipment Purchases.......................................................................................................! -0- Computer Charges....................................................................................................! 159,665 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications.....................................................................................................! 6,530 Per Diem, Fees and Contracts....................................................................................! 1,000 Postage............................................................................................................................! 2,555 Total Funds Budgeted.............................................................................................! 644,870 Agency Assessments.................................................................................................! 644,870 Total Positions Budgeted 20 3. Program Evaluation and Audit Budget: Personal Services.......................................................................................................! 301,225 Regular Operating Expenses.......................................................................................! 8,470 Travel..............................................................................................................................! 1,025 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing...............................................................................................! 800 Equipment Purchases......................................................................................................! 225 Computer Charges....................................................................................................! 207,565 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications.....................................................................................................$ 5,195 Per Diem, Fees and Contracts........................................................................................! -0- Postage............................................................................................................................! 1,100 Total Funds Budgeted .............................................................................................$ 525,605 Agency Assessments.................................................................................................! 525,605 Total Positions Budgeted 14 4. Employee Training and Development Budget: Personal Services.......................................................................................................! 561,745 Regular Operating Expenses .....................................................................................$ 29,000 Travel............................................................................................................................! 22,765 Motor Vehicle Equipment Purchases ............................................................................I -0Publications and Printing..........................................................................................! 20,000 Equipment Purchases...................................................................................................! 2,350 Computer Charges......................................................................................................! 15,965 2608 JOURNAL OF THE HOUSE, Real Estate Rentals ..........................................................................................................$ -0- Telecotnmunications ...................................................................................................$ 10,720 Per Diem, Fees and Contracts ................................................................................$ 127,500 Postage............................................................................................................................$ 3,600 Total Funds Budgeted .............................................................................................$ 793,645 Agency Assessments .................................................................................................$ 793,645 Total Positions Budgeted 24 5. Health Insurance Administration Budget: Personal Services.......................................................................................................$ 438,435 Regular Operating Expenses .....................................................................................$ 11,220 Travel..............................................................................................................................$ 3,595 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 9,900 Equipment Purchases...................................................................................................$ 1,425 Computer Charges ....................................................................................................$ 234,280 Real Estate Rentals ....................................................................................................$ 23,000 Telecommunications ...................................................................................................$ 38,485 Per Diem, Fees and Contracts.............................................................................$ 3,427,270 Postage..........................................................................................................................! 24,420 Total Funds Budgeted ..........................................................................................$ 4,212,030 Other Health Insurance Agency Funds.................................................................................................................$ -0- Employer and Employee Contributions ......................................................................................................$ 4,212,030 Total Positions Budgeted 24 6. Health Insurance Claims Budget: Personal Services...............................................................................................................$ -0- Regular Operating Expenses ...........................................................................................$ -0- Travel..................................................................................................................................$ -0- Motor Vehicle Equipment Purchases.......................................................................................................................^ -0- Publications and Printing................................................................................................$ -0- Equipment Purchases.......................................................................................................$ -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .........................................................................................................$ -0- Per Diem, Fees and Contracts.............................................................................$ 4,678,665 Postage................................................................................................................................$ -0- Health Insurance Claims ..................................................................................f 134,990,000 Total Funds Budgeted ......................................................................................$ 139,668,665 Other Health Insurance Agency Funds.................................................................................................................$ -0- Employer and Employee Contributions..................................................................................................! 139,668,665 Total Positions Budgeted 0 7. Internal Administration Budget: Personal Services.......................................................................................................! 675,150 Regular Operating Expenses .....................................................................................$ 16,510 Travel..............................................................................................................................$ 5,475 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing............................................................................................! 8,000 Equipment Purchases...................................................................................................$ 1,615 Computer Charges ......................................................................................................$ 63,995 Real Estate Rentals ..........................................................................................................$ -0- MONDAY, MARCH 22, 1982 2609 Telecommunications .....................................................,.............................................$ 14,440 Per Diem, Fees and Contracts ........................................................................................$ -0- Postagc............................................................................................................................$ 3,330 Federal Sub-grants to State and Local Agencies.................................................................................,........... -0- Total Funds Budgeted .............................................................................................$ 788,515 Agency Assessments .................................................................................................$ 615,920 Employer and Employee Contributions ................................................................$ 144,011 Deferred Compensation .............................................................................................$ 28,584 Total Positions Budgeted 35 8. Commissioner's Office Budget: Personal Services.......................................................................................................* 283,750 Regular Operating Expenses .....................................................................................$ 13,825 Travel..............................................................................................................................$ 9,200 Motor Vehicle Equipment Purchases ............................................................................$ -0- PublicationsandPrinting..........................................................................................$ 14,630 Equipment Purchases.......................................................................................................$ -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..................................................................................................$ 178,950 Telecommunications.....................................................................................................$ 5,385 Per Diem, Fees and Contracts ...........................................................................,......$ 49,960 Postage............................................................................................................................$ 3.665 Total Funds Budgeted .............................................................................................$ 559,365 Agency Assessments .................................................................................................$ 559,365 Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services....................................................................................................! 3,550,000 Regular Operating Expenses ...................................................................................$ 101,675 Travel............................................................................................................................$ 56,195 Motor Vehicle Equipment Purchases........................................................................................................................$ -0- Publications and Printing........................................................................................$ 116,170 Equipment Purchases.................................................................................................$ 11,865 Computer Charges .................................................................................................$ 1,097,600 Real Estate Rentals ..................................................................................,...............$ 201,950 Telecommunications..........,......................................................................................! 101,015 Per Diem, Fees and Contracts .............................................................................$ 8,287,195 Postage........................................................................................................................$ 114,150 Federal Sub-grants to State and Local Agencies............................,................................................................$ -0- Health Insurance Claim Payments .................................................................$ 134,990,000 Total Positions Budgeted 166 Authorized Motor Vehicles 0 Provided, that it is the intent of this General Assembly that the employer contribution paid by the State for Teachers Health Insurance shall be for State allotted teachers, and the base for this payment shall be the eligible salary for teachers according to the Teacher Salary Index, before the assignment of Required Local Effort. Section 32. Department of Natural Resources. A. Budget Unit: Department of Natural Resources .....................................................................................................$ 48,475,732 1. Internal Administration Budget: Personal Services....................................................................................................! 1,925,800 Regular Operating Expenses ...................................................................................$ 183,504 2610 JOURNAL OF THE HOUSE, Travel............................................................................................................................$ 19,500 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing........................................................................................$ 187,290 Equipment Purchases...................................................................................................$ 7,900 Computer Charges ....................................................................................................$ 171,325 Real Estate Rentals ..................................................................................................$ 153,542 Telecommunications...................................................................................................! 70,714 Per Diem, Fees and Contracts..................................................................................! 68,500 Postage..........................................................................................................................! 96,800 Capital Outlay - Heritage Trust...............................................................................| 75,000 Total Funds Budgeted ..........................................................................................$ 2,959,875 Receipts from Jekyll Island State Park Authority and Stone Mountain Memorial Association ...............................................................................................................$ 40,000 State Funds Budgeted...........................................................................................! 2,866,676 Total Positions Budgeted 84 2. Game and Fish Budget: Personal Services..................................................................................................! 11,465,687 Regular Operating Expenses ................................................................................$ 3,293,350 Travel............................................................................................................................! 93,775 Motor Vehicle Equipment Purchases................................................................................................................! 698,012 Publications and Printing..........................................................................................! 80,300 Equipment Purchases...............................................................................................! 345,200 Computer Charges......................................................................................................! 50,800 Real Estate Rentals ....................................................................................................$ 42,581 Telecommunications.................................................................................................! 221,150 Per Diem, Fees and Contracts..................................................................................! 83,155 Postage..........................................................................................................................! 64,000 Capital Outlay - Hatchery Renovation.................................................................................................................! 8,000 Capital Outlay - Repairs and Maintenance...........................................................................................................! -0- Capital Outlay ...........................................................................................................$ 433,730 Grants to Local Governments.........................................................................................! -0- Capital Outlay - Consolidated Maintenance...................................................................................! 241,506 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition .........................................................................................$ 350,000 Total Funds Budgeted ........................................................................................$ 17,471,246 Indirect DOAS Services Funding...........................................................................! 100,000 State Funds Budgeted.........................................................................................! 13,941,989 Total Positions Budgeted 484 3. Parks, Recreation and Historic Sites Budget: Personal Services....................................................................................................! 8,211,000 Regular Operating Expenses ................................................................................$ 3,614,241 Travel..........................................................................................................................! 100,323 Motor Vehicle Equipment Purchases................................................................................................................! 177,297 Publications and Printing........................................................................................! 125,000 Equipment Purchases...............................................................................................! 254,600 Computer Charges......................................................................................................! 17,220 Real Estate Rentals ..................................................................................................$ 111,392 MONDAY, MARCH 22, 1982 2611 Telecommunications.................................................................................................? 230,270 Per Diem, Fees and Contracts ................................................................................? 185,600 Postage..........................................................................................................................? 65,000 Capital Outlay...........................................................................................................$286,000 Capital Outlay - Repairs and Maintenance................................................................................................? 1,525,850 Capital Outlay - Shop Stock ...................................................................................$ 300,000 Cost of Material for Resale .....................................................................................$ 825,000 Authority Lease Rentals .......................................................................................$ 2,033,000 Land and Water Conservation Grants..................................................................................................................? 1,500,000 Recreation Grants.....................................................................................................? 390,000 YACC and YCC Grants...................................................................................................? -0- Contract - Special Olympics, Inc............................................................................? 186,000 Georgia Sports Hall of Fame....................................................................................? 50,000 Capital Outlay - User Fee Enhancements.....................................................................................................? 1,200,000 Technical Assistance Contract ................................................................................f 100,000 Total Funds Budgeted........................................................................................? 21,487,793 Indirect DOAS Services Funding...........................................................................? 100,000 State Funds Budgeted.........................................................................................? 12,715,502 Total Positions Budgeted 394 4. Environmental Protection Budget: Personal Services....................................................................................................? 8,703,466 Regular Operating Expenses...................................................................................? 662,987 Travel.............,............................................................................................................? 288,510 Motor Vehicle Equipment Purchases..................................................................................................................? 36,214 Publications and Printing................................................'..........................................? 74,300 Equipment Purchases.................................................................................................? 45,398 Computer Charges....................................................................................................? 128,550 Real Estate Rentals..................................................................................................? 482,560 Telecommunications.................................................................................................? 174,440 Per Diem, Fees and Contracts................................................................................? 682,699 Postage..........................................................................................................................? 98,000 Solid Waste Grants................................................................................................? 1,500,000 Water and Sewer Grants ......................................................................................? 6,000,000 Contract with U.S. Geological Survey for Ground Water Resources Survey ..................................................................................................$ 250,437 Topographic Mapping U.S. Geological Survey..................................................................................................? 125,000 Total Funds Budgeted ........................................................................................$ 19,252,561 State Funds Budgeted.........................................................................................? 15,983,873 Total Positions Budgeted 347 5. Coastal Resources Budget: Personal Services.......................................................................................................? 755,301 Regular Operating Expenses...................................................................................? 225,911 Travel............................................................................................................................? 20,000 Motor Vehicle Equipment Purchases............................................................................? -0Publications and Printing..........................................................................................? 28,100 Equipment Purchases...................................................................................,...............? 5,231 Computer Charges......................................................................................................? 14,894 Real Estate Rentals..........................................................................................................? -0Telecommunications...................................................................................................$ 24,361 Per Diem, Fees and Contracts................................................................................,...? 8,450 2612 JOURNAL OF THE HOUSE, Postage..........................................................................................................................$ 16,900 Capital Outlay ...................................................................................................................$ -0- Capital Outlay - Repairs and Maintenance.......................................................................................................$ 2,763 Capital Outlay - Buoy Maintenance ........................................................................$ 13,000 Total Funds Budgeted ..........................................................................................$ 1,114,911 State Funds Budgeted...........................................................................................! 1,061,900 Total Positions Budgeted 29 6. Lake Lanier Islands Development Authority Budget: Payments to Lake Lanier Islands Development Authority for Operations ..............................................................................................................$ 510,884 Payments to Lake Lanier Islands Development Authority for Capital Outlay .......................................................................................................$ 376.847 Total Funds Budgeted .............................................................................................$ 887,731 State Funds Budgeted..............................................................................................! 887,731 Total Positions Budgeted 0 7. Jekyll Island State Park Authority Budget: Payments to Jekyll Island State Park Authority for Operations....................................................................................! -0- Payments to Jekyll Island State Park Authority for Capital Outlay .................................................................................................| 938,061 Total Funds Budgeted .............................................................................................$ 938,061 State Funds Budgeted..............................................................................................! 938,061 Total Positions Budgeted 0 8. Georgia Hazardous Waste Management Authority Budget: Payments to Georgia Hazardous Waste Management Authority..............................................................................! 80,000 Total Funds Budgeted ...............................................................................................$ 80,000 State Funds Budgeted................................................................................................! 80,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services..................................................................................................! 31,061,254 Regular Operating Expenses................................................................................! 7,979,993 Travel..........................................................................................................................! 522,108 Motor Vehicle Equipment Purchases................................................................................................................! 911,523 Publications and Printing........................................................................................! 494,990 Equipment Purchases...............................................................................................! 658,329 Computer Charges....................................................................................................! 382,789 Real Estate Rentals ..................................................................................................$ 790,075 Telecommunications.................................................................................................! 720,935 Per Diem, Fees and Contracts.............................................................................! 1,028,404 Postage........................................................................................................................! 340,700 Land and Water Conservation Grants..................................................................................................................! 1,500,000 Recreation Grants.....................................................................................................! 390,000 Young Adult Conservation Corps and Youth Conservation Corps Grants..............................................................................................................................! -0- MONDAY, MARCH 22, 1982 2613 Water and Sewer Grants ......................................................................................$ 6,000,000 Solid Waste Grants................................................................................................! 1,500,000 Contract with U. S. Geological Survey for Ground Water Resources Survey ..................................................................................................$ 250,437 Contract with U.S. Geological Survey for Topographic Maps.............................................................................$ 125,000 Capital Outlay - Hatchery Renovation .................................................................................................................$ 8,000 Capital Outlay ...........................................................................................................$ 719,730 Capital Outlay - Repairs and Maintenance................................................................................................! 1,528,613 Capital Outlay - Shop Stock ...................................................................................$ 300,000 Capital Outlay - Heritage Trust...............................................................................! 75,000 Authority Lease Rentals .......................................................................................$ 2,033,000 Cost of Material for Resale ..,..................................................................................$ 825,000 Payments to Lake Lanier Islands Development Authority for Operations........................................................................................................! 510,884 Payments to Lake Lanier Islands Development Authority for Capital Outlay .................................................................................................$ 376,847 Payments to Jekyll Island State Park Authority for Operations....................................................................................! -0- Payments to Jekyll Island State Park Authority for Capital Outlay......................................................................................................................! 938,061 Contract - Special Olympics, Inc............................................................................................................................! 186,000 Georgia Sports Hall of Fame ....................................................................................$ 50,000 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition.........................................................................................! 350,000 Payments to Georgia Hazardous Waste Management Authority..............................................................................! 80,000 Capital Outlay - User Fee Enhancements.....................................................................................................! 1,200,000 Capital Outlay - Buoy Maintenance.............................................................................................................! 13,000 Capital Outlay - Consolidated Maintenance...................................................................................! 241,506 Technical Assistance Contract................................................................................! 100,000 Total Positions Budgeted 1,338 Authorized Motor Vehicles 1,017 Provided, that no land shall be purchased for State park purposes from funds appropri ated under this Section or from any other funds without the approval of the State Proper ties Control Commission, except that land specifically provided for in this Section. Provided, however, that !1,000,000 of the above appropriation for Water and Sewer Grants shall be available for allotment to counties and municipalities for emergency type projects, and that !5,000,000 is designated and committed for grants to local governments for water and sewer projects utilizing a maximum State match of 50% of the total cost of each project. Provided, further that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources. Provided that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most 2614 JOURNAL OF THE HOUSE, immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities. B. Budget Unit: Authorities...............................................................................................} ^ 1. Lake Lanier Islands Development Authority Budget: Personal Services....................................................................................................$ 1,508,000 Regular Operating Expenses ...................................................................................$ 581,500 Travel..............................................................................................................................$ 5,950 Motor Vehicle Equipment Purchases......................................................................? 34,500 Publications and Printing..........................................................................................? 42,000 Equipment Purchases.................................................................................................? 77,160 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 39,000 Per Diem, Fees and Contracts..................................................................................? 27,500 Capital Outlay...........................................................................................................$731,194 Campground Sinking Fund .............................................................................................$ -0- Promotion Expenses.........................................................................................................? -0- Total Funds Budgeted ..........................................................................................$ 3,046,804 State Funds Budgeted......................................................................................................? -0- Total Positions Budgeted 63 2. Jekyll Island State Park Authority Budget: Personal Services....................................................................................................? 2,339,866 Regular Operating Expenses................................................................................? 1,724,023 Travel............................................................................................................................? 18,954 Motor Vehicle Equipment Purchases......................................................................? 60,000 Publications and Printing..........................................................................................? 18,688 Equipment Purchases...............................................................................................? 203,730 Computer Charges......................................................................................................? 20,000 Real Estate Rentals..........................................................................................................? -0- Telecommunications...................................................................................................? 37,978 Per Diem, Fees and Contracts..................................................................................? 63,300 Mortgage Payments..........................................................................................................? -0- Capital Outlay........................................................................................................? 1,928,061 Promotion Expenses.........................................................................................................? -0- Payments to the Department of Natural Resources ..............................................................................................$ 40,000 Total Funds Budgeted..........................................................................................? 6,454,600 State Funds Budgeted......................................................................................................? -0- Total Positions Budgeted 162 3. Georgia Hazardous Waste Management Authority Budget: Personal Services...............................................................................................................? -0- Regular Operating Expenses...........................................................................................? -0- Travel..................................................................................................................................? -0- Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing................................................................................................? -0- Equipment Purchases.......................................................................................................? -0- Computer Charges.............................................................................................................? -0- Real Estate Rentals..........................................................................................................? -0- Per Diem, Fees and Contracts..................................................................................? 80,000 Capital Outlay...................................................................................................................? -0- Total Funds Budgeted...............................................................................................? 80,000 State Funds Budgeted......................................................................................................? -0- Total Positions Budgeted 0 MONDAY, MARCH 22, 1982 2615 Budget Unit Object Classes: Personal Services....................................................................................................! 3,847,866 Regular Operating Expenses ................................................................................$ 2,305,523 TraveL...........................................................................................................................$ 24,904 Motor Vehicle Equipment Purchases ......................................................................$ 94,500 Publications and Printing..........................................................................................! 60,688 Equipment..................................................................................................................! 280,890 Computer Charges......................................................................................................! 20,000 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications...................................................................................................$ 76,978 Per Diem, Fees and Contracts................................................................................! 170,800 Capital Outlay ........................................................................................................$ 2,659,255 Promotion Expense...........................................................................................................! -0- Campground Sinking Fund.............................................................................................! -0- Payments to the Department of Natural Resources..............................................................................................! 40,000 Mortgage Payments..........................................................................................................! -0- Total Positions Budgeted 225 Authorized Motor Vehicles 91 It is the intent of this General Assembly that Lake Lanier Islands Development Author ity shall not be free to borrow money until the Authority requests and obtains the approval of the Georgia State Financing and Investment Commission. Section 33. Department of Offender Rehabilitation. A. Budget Unit: Department of Offender Rehabilitation........................................................................................... 115^580^1:19 1. General Administration and Support Budget: Personal Services....................................................................................................! 3,281,300 Regular Operating Expenses...................................................................................! 260,315 Travel............................................................................................................................! 60,030 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................! 19,300 Computer Charges....................................................................................................! 546,104 Real Estate Rentals..................................................................................................$ 225,000 Telecommunications.................................................................................................! 170,400 Per Diem, Fees and Contracts................................................................................! 491,245 Utilities...............................................................................................................................!^ Total Funds Budgeted..........................................................................................! 5,053,694 Indirect DOAS Services Funding...........................................................................! 415,000 State Funds Budgeted...........................................................................................! 4,590,399 Total Positions Budgeted 148 2. Georgia Training and Development Center Budget: Personal Services....................................................................................................! 1,229,070 Regular Operating Expenses...................................................................................! 116,410 Travel.................................................................................................................................! 770 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing..........................................,.....................................................! -0Equipment Purchases.................................................................................................! 20,205 Computer Charges.............................................................................................................! -0Real Estate Rentals..........................................................................................................! -0Telecommunications...................................................................................................! 13,500 Per Diem, Fees and Contracts........................................................................................! -0- 2616 JOURNAL OF THE HOUSE, Utilities .......................................................................................................................$ 111^680 Total Funds Budgeted ..........................................................................................$ 1,491,635 State Funds Budgeted...........................................................................................! 1,476,720 Total Positions Budgeted 65 3. Georgia Industrial Institute Budget: Personal Services....................................................................................................! 4,979,860 Regular Operating Expenses ...................................................................................$ 714,487 Travel..............................................................................................................................! 7,854 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing.,..........................................................................................! 2,899 Equipment Purchases.................................................................................................! 40,664 Computer Charges.............................................................................................................! -0- Real Estate Rentals...........................................................................................................! 30 Telecommunications...................................................................................................! 42,470 Per Diem, Fees and Contracts....................................................................................! 2,400 Utilities.......................................................................................................................! 496,500 Health Service Purchases ..................,..........................................................-.............| 64,606 Total Funds Budgeted..........................................................................................! 6,351,770 State Funds Budgeted...........................................................................................! 6,289,320 Total Positions Budgeted 303 4. Alto Education and Evaluation Center Budget: Personal Services....................................................................................................! 1,233,921 Regular Operating Expenses.....................................................................................$ 57,130 Travel..............................................................................................................................! 3,400 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 4,920 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 4,000 Per Diem, Fees and Contracts........................................................................................! -0- Utilities ...............................................................................................................................$ -O; Total Funds Budgeted ..........................................................................................$ 1,303,371 State Funds Budgeted...........................................................................................! 1,088,450 Total Positions Budgeted 50 5. Georgia Diagnostic and Classification Center Budget: Personal Services....................................................................................................! 4,794,844 Regular Operating Expenses ...................................................................................$ 652,807 Travel..............................................................................................................................! 2,200 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................! 20,644 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................$ 39,645 Per Diem, Fees and Contracts....................................................................................! 3,300 Utilities.......................................................................................................................! 478,000 Health Service Purchases ..........................................................................................| 67,835 Total Funds Budgeted ..........................................................................................$ 6,059,275 State Funds Budgeted...........................................................................................! 5,999,360 Total Positions Budgeted 288 MONDAY, MARCH 22, 1982 2617 6. Georgia State Prison Budget: Personal Services...........................................................................................,......! 10,921,560 Regular Operating Expenses ...................................................................................$ 818,075 Travel..............................................................................................................................$ 7,750 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...............................................................................................! 153,600 Computer Charges.............................................................................................................! -0- Real Estate Rentals ........................................................................................................,,! -0- Telecommunications...................................................................................................! 73,800 Per Diem, Fees and Contracts..................................................................................! 63,800 Utilities....................................................................................................................! 1,200,000 Capital Outlay ...................................................................................................................$ & Total Funds Budgeted........................................................................................$ 13,238,585 Indirect DOAS Services Funding.............................................................................! 35,000 State Funds Budgeted.........................................................................................! 13,046,450 Total Positions Budgeted 676 7. Consolidated Branches Budget: Personal Services....................................................................................................! 3,706,085 Regular Operating Expenses .................................................................................,,! 383,475 Travel..............................................................................................................................! 4,465 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................! 38,305 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 43,750 Per Diem, Fees and Contracts..................................................................................! 12,000 Utilities.......................................................................................................................! 314,400 Total Funds Budgeted..........................................................................................! 4,502,480 State Funds Budgeted...........................................................................................! 4,335,805 Total Positions Budgeted 212 8. Lee Correctional Institution Budget: Personal Services....................................................................................................! 1,861,500 Regular Operating Expenses...................................................................................! 184,415 Travel..............................................................................................................................! 2,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................,...............................! 2,450 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 24,100 Per Diem, Fees and Contracts........................................................................................! -0- Utilities.......................................................................................................................! 200,000 Total Funds Budgeted..........................................................................................! 2,274,965 State Funds Budgeted...........................................................................................! 2,252,215 Total Positions Budgeted 117 9. Montgomery Correctional Institution Budget: Personal Services....................................................................................................! 1,086,900 Regular Operating Expenses.....................................................................,.............! 140,760 Travel..............................................................................................................................! 1,450 Motor Vehicle Equipment Purchases............................................................................! -0- 2618 JOURNAL OF THE HOUSE, Publications and Printing................................................................................................$ -0- Equipment Purchases.................................................................................................$ 11,850 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 14,000 Per Diem, Fees and Contracts....................................................................................$ 3,360 Utilities.......................................................................................................................! 124,600 Capital Outlay...................................................................................................................!^ Total Funds Budgeted ..........................................................................................$ 1,382,920 State Funds Budgeted...........................................................................................! 1,369,090 Total Positions Budgeted 59 10. Walker Correctional Institution Budget: Personal Services....................................................................................................! 1,089,880 Regular Operating Expenses...................................................................................! 166,650 Travel...............................................................................................................-..............! 2,600 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................! 22,660 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 18,500 Per Diem, Fees and Contracts........................................................................................! -0- Utilities.......................................................................................................................! 121,500 Total Funds Budgeted..........................................................................................! 1,421,790 State Funds Budgeted...........................................................................................! 1,407,575 Total Positions Budgeted 62 11. Middle Georgia Correctional Institution - Women's Unit Budget: Personal Services....................................................................................................! 1,845,226 Regular Operating Expenses ...................................................................................$ 101,378 Travel................................................................................................................................-! 200 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 4,556 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.........................................................................................................! -0- Per Diem, Fees and Contracts........................................................................................! -0- Utilities ...............................................................................................................................| JL Total Funds Budgeted ..........................................................................................$ 1,951,360 State Funds Budgeted...........................................................................................! 1,931,845 Total Positions Budgeted 110 12. Jack T. Rutledge Correctional Institution Budget: Personal Services....................................................................................................! 2,432,800 Regular Operating Expenses ...................................................................................$ 230,570 Travel..............................................................................................................................! 1,500 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing................................................................................................! -0Equipment Purchases...................................................................................................! 1,105 Computer Charges.............................................................................................................! -0Real Estate Rentals..........................................................................................................! -0Telecommunications ...................................................................................................$ 13,000 MONDAY, MARCH 22, 1982 2619 Per Diem, Fees and Contracts ........................................................................................$ -0- Utilities.......................................................................................................................$ 230.000 Total Funds Budgeted ..........................................................................................$ 2,908,975 State Funds Budgeted...........................................................................................? 2,879,885 Total Positions Budgeted 140 13. Middle Georgia Correctional Institution - Youthful Offender Unit Budget: Personal Services....................................................................................................! 4,109,915 Regular Operating Expenses ...................................................................................$ 543,727 Travel..............................................................................................................................$ 4,300 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................$ -0- EquipmentPurchases.................................................................................................$ 61,495 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ......................................................................................................$ 3,960 Telecommunications...................................................................................................! 93,486 Per Diem, Fees and Contracts ........................................................................................$ -0- Utilities .......................................................................................................................$ 200,000 Health Service Purchases ...............................................,..........................................$ 44,000 Payments to Central State Hospital for Utilities.............................................................................................! 404,000 Total Funds Budgeted ..........................................................................................$ 5,464,883 State Funds Budgeted...........................................................................................! 5,410,675 Total Positions Budgeted 240 14. Central Correctional Institution Budget: Personal Services....................................................................................................! 2,231,170 Regular Operating Expenses...................................................................................! 204,250 Travel..............................................................................................................................! 2,075 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 7,645 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Teleconununications ...................................................................................................$ 15,750 Per Diem, Fees and Contracts........................................................................................! -0- Utilities.......................................................................................................................! 212,000 Total Funds Budgeted ..........................................................................................$ 2,672,890 State Funds Budgeted...........................................................................................! 2,646,160 Total Positions Budgeted 135 15. Middle Georgia Correctional Institution - Men's Unit Budget: Personal Services....................................................................................................! 1,638,580 Regular Operating Expenses .....................................................................................$ 95,100 Travel..................................................................................................................................! -0Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing................................................................................................! -0Equipment Purchases................................,.....................................................................! 785 Computer Charges.............................................................................................................! -0Real Estate Rentals..........................................................................................................! -0Telecommunications.........................................................................................................! -0Per Diem, Fees and Contracts........................................................................................! -0Utilities ...............................................................................................................................$ -0Payments to Central State Hospital for Utilities.....................................................................................................! ^ 2620 JOURNAL OF THE HOUSE, Total Funds Budgeted ..........................................................................................$ 1,734,465 State Funds Budgeted...........................................................................................? 1,717,120 Total Positions Budgeted 97 16. Metro Correctional Institution Budget: Personal Services....................................................................................................? 2,881,881 Regular Operating Expenses ...................................................................................$ 360,125 Travel..............................................................................................................................! 2,580 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................? 11,904 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 8,700 Telecommunications...................................................................................................? 34,000 Per Diem, Fees and Contracts..................................................................................? 10,000 Health Service Purchases..........................................................................................? 51,040 Utilities.......................................................................................................................! 210,000 Total Funds Budgeted..........................................................................................? 3,570,230 State Funds Budgeted...........................................................................................? 3,535,040 Total Positions Budgeted 184 17. Coastal Correctional Institution Budget: Personal Services....................................................................................................! 2,788,790 Regular Operating Expenses...................................................................................? 470,632 Travel..............................................................................................................................? 5,993 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 3,201 Equipment Purchases...................................................................................................? 8,760 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 5,000 Telecommunications...................................................................................................? 37,000 Per Diem, Fees and Contracts..................................................................................? 10,800 Health Service Purchases..........................................................................................? 94,969 Utilities.......................................................................................................................? 209,000 Total Funds Budgeted..........................................................................................? 3,634,145 State Funds Budgeted...........................................................................................? 3,529,455 Total Positions Budgeted 177 18. Adult Facilities and Programs Budget: Personal Services....................................................................................................? 2,656,129 Regular Operating Expenses...................................................................................? 195,791 Travel............................................................................................................................? 54,900 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing................................................................................................? -0- Equipment Purchases...................................................................................................? 6,627 Computer Charges.............................................................................................................? -0- Real Estate Rentals......................................................................................................! 3,000 Telecommunications...................................................................................................? 26,270 Per Diem, Fees and Contracts..................................................................................? 97,000 Utilities...............................................................................................................................? -0- Total Funds Budgeted ..........................................................................................? 3,039,717 State Funds Budgeted...........................................................................................? 3,009,628 Total Positions Budgeted 125 19. Central Funds Budget: Personal Services.........................................................................................................? 92,200 MONDAY, MARCH 22, 1982 2621 Regular Operating Expenses ................................................................................$ 1,085,980 Travel............................................................................................................................$ 15,000 Motor Vehicle Equipment Purchases........................................................................................................................$ -0- Publications and Printing........................................................................................$ 145,000 Equipment Purchases...............................................................................................$ 217,220 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .........................................................................................................$ -0- Per Diem, Fees and Contracts ........................................................................................$ -0- Utilities ...............................................................................................................................$ -0- Authority Lease Rentals ..........................................................................................$ 840,000 Payments to Jails for State Prisoner Medical Costs ........................................................................................$ 219,000 Court Costs ................................................................................................................$ 264,000 Inmate Release Funds..............................................................................................! 630,000 County Subsidy ......................................................................................................$ 6,761,625 County Subsidy for Jails..........................................................................................$ 912,500 Revolving Fund for County Workcamp Construction ........................................................................................$ 92,072 Central Repair Fund ................................................................................................$ 500,000 Grants for County Workcamp Construction...........................................................................................................$ 155,000 Capital Outlay ...............................................................................................................,...| -0- Total Funds Budgeted ........................................................................................I 11,929,597 State Funds Budgeted.........................................................................................! 11,735,842 Total Positions Budgeted 3 20. Training and Staff Development Center Budget: Personal Services.......................................................................................................! 663,000 Regular Operating Expenses ...................................................................................$ 166,700 Travel..........................................................................................................................! 117,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 2,600 Equipment Purchases.................................................................................................! 10,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 34,000 Telecommunications...................................................................................................! 16,000 Per Diem, Fees and Contracts........................................................................................! -0- Utilities.........................................................................................................................$ 18,000 Total Funds Budgeted ..........................................................................................$ 1,027,300 State Funds Budgeted...........................................................................................! 1,017,027 Total Positions Budgeted 32 21. D.O.T. Work Details Budget: Personal Services.......................................................................................................! 420,000 Regular Operating Expenses.....................................................................................! 14,100 Travel..................................................................................................................................! -0Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing................................................................................................! -0Equipment Purchases.......................................................................................................! -0Computer Charges.............................................................................................................! -0Real Estate Rentals..........................................................................................................! -0Telecommunications .........................................................................................................$ -0Per Diem, Fees and Contracts........................................................................................! -0Utilities...............................................................................................................................$-0Total Funds Budgeted.............................................................................................! 434,100 2622 JOURNAL OF THE HOUSE, State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 26 22. Food Processing and Distribution Budget: Personal Services....................................................................................................! 2,357,700 Regular Operating Expenses ................................................................................$ 3,812,540 Travel..............................................................................................................................? 4,850 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...............................................................................................! 165,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications.....................................................................................................$ 9,000 Per Diem, Fees and Contracts........................................................................................! -0- Utilities ...............................................................................................................................$ -0- Capital Outlay...................................................................................................................! -0- Payments to Central State Hospital for Meals .............................................................................................$ 1,401,635 Payments to Central State Hospital for Utilities...............................................................................................! 45,000 Total Funds Budgeted ..........................................................................................$ 7,795,725 State Funds Budgeted...........................................................................................! 7,336,088 Total Positions Budgeted 154 23. Farm Operations Budget: Personal Services.......................................................................................................! 600,000 Regular Operating Expenses ................................................................................$ 2,921,800 Travel..................................................................................................................................! -0- Motor Vehicle Equipment Purchases ............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................! 60,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications .........................................................................................................$ -0- Per Diem, Fees and Contracts..................................................................................! 49,900 Utilities...............................................................................................................................! -0- Capital Outlay ...................................................................................................................$ ;0- Total Funds Budgeted ..........................................................................................$ 3,631,700 State Funds Budgeted...........................................................................................! 3,565,685 Total Positions Budgeted 33 24. Dodge Correctional Institution Budget: Personal Services....................................................................................................! 1,700,917 Regular Operating Expenses ...................................................................................$ 276,240 Travel..............................................................................................................................! 2,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 9,369 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 6,000 Telecommunications...................................................................................................! 23,000 Per Diem, Fees and Contracts..................................................................................! 36,000 Utilities.......................................................................................................................! 175,000 Health Service Purchases..........................................................................................$ 41,554 Total Funds Budgeted ..........................................................................................$ 2,270,080 State Funds Budgeted...........................................................................................! 2,243,895 Total Positions Budgeted 146 MONDAY, MARCH 22, 1982 2623 25. Transitional Centers Budget: Personal Services....................................................................................................$ 2,124,900 Regular Operating Expenses ........................................................,..........................$ 216,820 Travel..............................................................................................................................$ 6,000 Motor Vehicle Equipment Purchases ..,.........................................................................$ -0- Publications and Printing................................................................................................$ -0- Equipment Purchases.................................................................................................! 15,300 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..................................................................................................$ 201,800 Telecommunications...................................................................................................! 32,800 Per Diem, Fees and Contracts....................................................................................! 5,800 Utilities.......................................................................................................................! 221,000 Capital Outlay...................................................................................................................f^ Total Funds Budgeted..........................................................................................! 2,824,420 State Funds Budgeted...........................................................................................! 2,796,175 Total Positions Budgeted 119 26. Augusta Correctional and Medical Institution Budget: Personal Services....................................................................................................! 3,565,805 Regular Operating Expenses...................................................................................! 947,700 Travel..............................................................................................................................! 6,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 7,600 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 8,700 Telecommunications...................................................................................................! 30,950 Per Diem, Fees and Contracts....................................................................................! 4,800 Utilities .......................................................................................................................$ 330,000 Health Service Purchases .....................................................................................| 1,147,000 Total Funds Budgeted ..........................................................................................$ 6,048,555 State Funds Budgeted...........................................................................................! 5,991,740 Total Positions Budgeted 289 27. Health Care Budget: Personal Services....................................................................................................! 3,080,400 Regular Operating Expenses ...................................................................................$ 675,550 Travel..................................................................................................................................! -0- Motor Vehicle Equipment Purchases........................................................................................................................! -0- Puhlications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................! 36,850 Computer Charges.............................................................................................................! -0 Real Estate Rentals..........................................................................................................! -0- Telecommunications .....................................................................................................$ 2,500 Per Diem, Fees and Contracts........................................................................................! -0- Utilities ...............................................................................................................................$ -0- Health Service Purchases .....................................................................................| 6,606,000 Total Funds Budgeted ........................................................................................$ 10,401,300 State Funds Budgeted.........................................................................................! 10,363,345 Total Positions Budgeted 145 28. Middle Georgia Correctional Institution - Rivers Unit Budget: Personal Services....................................................................................................! 2,418,360 Regular Operating Expenses ...................................................................................$ 318,000 2624 JOURNAL OF THE HOUSE, Travel..............................................................................................................................$ 2,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 7,500 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ......................................................................................................$ 6,900 Telecommunications...................................................................................................! 36,000 Per Diem, Fees and Contracts....................................................................................! 4,800 Payments to Central State Hospital for Utilities.............................................................................................! 277,600 Payments to Central State Hospital for Meals ................................................................................................$ 528,885 Health Service Purchases ........................................................................................$ 445,795 Total Funds Budgeted ..........................................................................................$ 4,045,840 State Funds Budgeted...........................................................................................! 4,015,130 Total Positions Budgeted 188 Budget Unit Object Classes: Personal Services..................................................................................................! 71,792,693 Regular Operating Expenses ..............................................................................$ 16,131,527 Travel..........................................................................................................................! 317,417 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing........................................................................................! 153,700 Equipment Purchases...............................................................................................! 966,314 Computer Charges....................................................................................................! 546,104 Real Estate Rentals ..................................................................................................$ 503,090 Telecommunications.................................................................................................! 813,921 Per Diem, Fees and Contracts................................................................................! 795,205 Utilities....................................................................................................................! 4,851,680 Payments to Central State Hospital for Meals .............................................................................................$ 1,930,520 Payments to Central State Hospital for Utilities.............................................................................................! 726,600 Payments to Jails for State Prisoner Medical Costs ........................................................................................$ 219,000 Court Costs................................................................................................................! 264,000 Inmate Release Funds..............................................................................................! 630,000 Revolving Fund for County Workcamp Construction........................................................................................! 92,072 County Subsidy ......................................................................................................$ 6,761,625 County Subsidy for Jails..........................................................................................! 912,500 Grants for County Workcamp Construction...........................................................................................................! 155,000 Health Service Purchases .....................................................................................$ 8,562,799 Central Repair Fund ................................................................................................$ 500,000 Authority Lease Rentals ..........................................................................................$ 840,000 Capital Outlay...................................................................................................................! -0- Total Positions Budgeted 4,323 Authorized Motor Vehicles 406 It is the intent of this General Assembly that, with respect to the Legal Services Pro gram for inmates, lawyers, law students and/or employees be prohibited from soliciting for filing of writs. It is the intent of this General Assembly that the department not start any new commu nity center programs with Federal funds without the prior approval of the General Assem bly of Georgia. MONDAY, MARCH 22, 1982 2625 It is the intent of this General Assembly that funds appropriated for county subsidy may be used to either supplement or supplant county funds, at the option of each county. Provided, that of the above appropriation relating to the revolving fund and grants for county workcamp construction, the State shall provide no more than fifty percent of the total construction cost. B. Budget Unit: Board of Pardons and Paroles............................................................................................................$ 5,467,737 Board of Pardons and Paroles Budget: Personal Services....................................................................................................$ 4,755,000 Regular Operating Expenses ...................................................................................$ 132,980 Travel..........................................................................................................................$ 216,770 Motor Vehicle Equipment Purchases ......................................................................$ 95,000 Publications and Printing..........................................................................................$ 15,500 Equipment Purchases...................................................................................................$ 9,437 Computer Charges ......................................................................................................$ 12,000 Real Estate Rentals .................................................................................................,$ 127,620 Telecommunications...-..........-....................-.......-........-.....-...-........-......-! 109,000 Per Diem, Fees and Contracts ..................................................................................$ 11,200 County Jail Subsidy ...................................................................................................I 37,200 Total Funds Budgeted ..........................................................................................$ 5,521,707 State Funds Budgeted...........................................................................................$ 5,467,737 Total Positions Budgeted 237 Budget Unit Object Classes: Personal Services....................................................................................................! 4,755,000 Regular Operating Expenses ...................................................................................$ 132,980 Travel..........................................................................................................................! 216,770 Motor Vehicle Equipment Purchases......................................................................! 95,000 Publications and Printing..........................................................................................! 15,500 Equipment Purchases......................................................................................,............! 9,437 Computer Charges.....................................................................................................-! 12,000 Real Estate Rentals..................................................................................................! 127,620 Telecommunications.............................................. ..............----........----..----! 109,000 Per Diem, Fees and Contracts........-..................................-.................-..............! 11,200 County Jail Subsidy ...................................................................................................$ 37,200 Total Positions Budgeted 237 Authorized Motor Vehicles 15 C. Budget Unit: Georgia Correctional Industries.........................................................................................................--......! -0- Georgia Correctional Industries Budget: Personal Services....................................................................................................! 1,479,910 Regular Operating Expenses ...................................................................................$ 588,400 Travel.......................................-.........-.......-........-.......-..-.....-..........................! 39,800 Motor Vehicle Equipment Purchases,...........................................................................! -0- Publications and Printing--..........................................................................................--! -0- Equipment Purchases.................-............................-....................-.........-.........! 369,000 Computer Charges........................................................................................................! 1,800 Real Estate Rentals............................................................................................... .....$ 24,300 Telecommunications.............--......----..--...............................................................--! 41,900 Per Diem, Fees and Contracts...................-........--......-........-........................! 119,100 Cost of Sales.....................-.........-......-.....-----..........................--......----! 3,938,000 Repayment of Prior Year's Appropriations--...................................................................................................--! 84,000 Capital Outlay................----......-.............................----...............................................! ^ Total Funds Budgeted..................-.......-........--................----.----.----! 6,686,210 State Funds Budgeted..............-..................-.......-.....................-.......-.......-.....-..! -0- Total Positions Budgeted 66 2626 JOURNAL OF THE HOUSE, Budget Unit Object Classes: Personal Services....................................................................................................$ 1,479,910 Regular Operating Expenses ...................................................................................$ 588,400 Travel............................................................................................................................$ 39,800 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................$ -0- EquipmentPurchases...............................................................................................$ 369,000 Computer Charges ........................................................................................................$ 1,800 Real Estate Rentals ....................................................................................................$ 24,300 Telecommunications ...................................................................................................$ 41,900 Per Diem, Fees and Contracts................................................................................$ 119,100 Cost of Sales ...........................................................................................................$ 3,938,000 Repayment of Prior Year's Appropriations.........................................................................................................! 84,000 Capital Outlay ...................................................................................................................$ -0- Total Positions Budgeted 66 Authorized Motor Vehicles 16 D. Budget Unit: Probation Division Operations ...................................................................................................$ 16,361,658 1. Probation Operations Budget: Personal Services..................................................................................................! 11,897,352 Regular Operating Expenses ...................................................................................$ 337,280 Travel..........................................................................................................................! 256,470 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................! 66,890 Computer Charges.............................................................................................................! -0- Real Estate Rentals ......................................................................,,..........................! 254,250 Telecommunications.................................................................................................! 186,780 Utilities...........................................................................................................................! 5,500 Per Diem, Fees and Contracts...................................................................................-! 8,000 Grants for Independent Probation Systems................................................................................................! 450,000 Total Funds Budgeted........................................................................................! 13,462,522 State Funds Budgeted.........................................................................................! 13,337,712 Total Positions Budgeted 642 2. Diversion Centers Budget: Personal Services....................................................................................................! 2,790,305 Regular Operating Expenses...................................................................................! 211,195 Travel...........................................:................................................................................! 17,300 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.................................................................................................! 69,096 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..................................................................................................$ 258,310 Telecommunications...................................................................................................! 44,000 Utilities.......................................................................................................................! 170,000 Per Diem, Fees and Contracts..................................................................................! 14,000 Total Funds Budgeted..........................................................................................! 3,574,206 State Funds Budgeted...........................................................................................! 3,023,946 Total Positions Budgeted 157 Budget Unit Object Classes: Personal Services..................................................................................................! 14,687,657 Regular Operating Expenses...................................................................................! 548,475 MONDAY, MARCH 22, 1982 2627 Travel..........................................................................................................................! 273,770 Motor Vehicle Equipment Purchases........................................................................................................................$ -0- Publications and Printing................................................................................................! -0- Equipment Purchases...............................................................................................$ 135,986 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ......................................................,...........................................$ 512,560 Telecommunications.................................................................................................$ 230,780 Utilities.......................................................................................................................! 175,500 Per Diem, Fees and Contracts..................................................................................! 22,000 Grants for Independent Probation Systems................................................................................................! 450,000 Total Positions Budgeted 799 Authorized Motor Vehicles 90 Section 34. Department of Public Safety. Budget Unit: Department of Public Safety..........................................................................................................! 49,233,425 1. Office of Highway Safety Budget: Personal Services.......................................................................................................! 351,437 Regular Operating Expenses .....................................................................................$ 25,400 Travel............................................................................................................................! 17,500 Motor Vehicle Equipment Purchases......................................................................! 16,000 Publications and Printing............................................................................................! 6,000 Equipment Purchases......................................................................................................! 800 Computer Charges........................................................................................................! 9,250 Real Estate Rentals ....................................................................................................$ 40,200 Telecommunications...........................................................................................,.......! 18,000 Per Diem, Fees and Contracts........................................................................................! -0- Postage............................................................................................................................! 4,500 Total Funds Budgeted .............................................................................................$ 489,087 State Funds Budgeted..............................................................................................! 121,049 Total Positions Budgeted 14 2. Administration Budget: Personal Services....................................................................................................! 3,547,005 Regular Operating Expenses ................................................................................$ 1,372,164 Travel............................................................................................................................! 86,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing........................................................................................! 135,000 Equipment Purchases...................................................................................................! 5,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .................................................................................................$ 130,000 Per Diem, Fees and Contracts..................................................................................! 70,440 Postage..........................................................................................................................! 40,000 Total Funds Budgeted ..........................................................................................$ 5,385,609 Indirect DOAS Services Funding ...................................................................................$ -0- State Funds Budgeted...........................................................................................! 5,297,417 Total Positions Budgeted 175 3. Driver Services Budget: Personal Services....................................................................................................! 5,390,333 Regular Operating Expenses ...................................................................................$ 218,468 Travel..............................................................................................................................! 3,500 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing........................................................................................! 671,000 Equipment Purchases.................................................................................................! 11,855 2628 JOURNAL OF THE HOUSE, Computer Charges .................................................................................................$ 2,248,214 Real Estate Rentals ......................................................................................................$ 6,198 Telecommunications ...................................................................................................I 47,200 Per Diem, Fees and Contracts .......................................................................................$ 500 Postage........................................................................................................................$ 570,000 Conviction Reports ...................................................................................................$ 180,000 Capital Outlay ...................................................................................................................$ -0; Total Funds Budgeted ..........................................................................................$ 9,347,268 Indirect DOAS Services Funding ........................................................................$ 1,500,000 State Funds Budgeted...........................................................................................! 7,764,020 Total Positions Budgeted 316 4. Field Operations Budget- Personal Services.................................................................................................-! 24,394,355 Regular Operating Expenses ................................................................................$ 4,743,788 Travel............................................................................................................................$ 19,000 Motor Vehicle Equipment Purchases.............................................................................................................! 2,588,166 Publications and Printing........................................................................................! 200,000 Equipment Purchases...............................................................................................! 227,563 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 1,896 Telecommunications.................................................................................................! 250,000 Per Diem, Fees and Contracts....................................................................................! 7,900 Postage..........................................................................................................................! 36,000 Capital Outlay ...................................................................................................................$ -0- Total Funds Budgeted........................................................................................! 32,468,668 Indirect DOAS Services Funding...........................................................................! 150,000 State Funds Budgeted.........................................................................................! 31,993,812 Total Positions Budgeted 981 5. Georgia Peace Officer Standards and Training Budget: Personal Services.......................................................................................................! 625,126 Regular Operating Expenses.....................................................................................! 84,483 Travel............................................................................................................................! 25,000 Motor Vehicle Equipment Purchases......................................................................! 22,500 Publications and Printing..........................................................................................! 15,800 Equipment Purchases.......................................................................................................! -0- Computer Charges ......................................................................................................$ 40,100 Real Estate Rentals....................................................................................................! 45,000 Telecommunications...................................................................................................! 19,000 Per Diem, Fees and Contracts..................................................................................! 15,200 Postage............................................................................................................................! 4,800 Peace Officers Training Grants...........................................................................! 1,595,026 Total Funds Budgeted..........................................................................................! 2,492,035 State Funds Budgeted...........................................................................................! 2,483,065 Total Positions Budgeted 25 6. Police Academy: Personal Services.......................................................................................................! 432,000 Regular Operating Expenses...................................................................................! 122,750 Travel..............................................................................................................................! 6,300 Motor Vehicle Equipment Purchases........................................................................! 7,500 Publications and Printing..........................................................................................! 13,200 Equipment Purchases...................................................................................................! 3,480 Computer Charges......................................................................................................! 12,598 Real Estate Rentals..........................................................................................................! -0- MONDAY, MARCH 22, 1982 2629 Telecommunications.....................................................................................................! 9,300 Per Diem, Fees and Contracts................................................................................? 117,000 Postage............................................................................................................................? 2,400 Total Funds Budgeted .............................................................................................? 726,528 State Funds Budgeted.............................................................................;................? 696,619 Total Positions Budgeted 16 7. Fire Academy: Personal Services.......................................................................................................? 267,931 Regular Operating Expenses .....................................................................................$ 38,600 Travel............................................................................................................................? 12,000 Motor Vehicle Equipment Purchases......................................................................? 17,500 Publications and Printing............................................................................................? 2,800 Equipment Purchases.................................................................................................? 15,000 Computer Charges......................................................................................................? 70,920 Real Estate Rentals....................................................................................................? 15,182 Telecommunications...........,.........................................................................................? 7,500 Per Diem, Fees and Contracts..................................................................................? 75,000 Postage............................................................................................................................? 5,500 Total Funds Budgeted.............................................................................................? 527,933 State Funds Budgeted..............................................................................................? 493,663 Total Positions Budgeted 12 8. Georgia Firefighter Standards and Training Council Budget: Personal Services.......................................................................................................? 110,631 Regular Operating Expenses.....................................................................................? 10,140 Travel..............................................................................................................................? 8,700 Motor Vehicle Equipment Purchases........................................................................? 7,500 Publications and Printing............................................................................................? 2,500 Equipment Purchases...................................................................................................? 2,000 Computer Charges.............................................................................................................? -0- Real Estate Rentals......................................................................................................? 3,000 Telecommunications.....................................................................................................? 3,600 Per Diem, Fees and Contracts....................................................................................? 2,500 Postage............................................................................................................................? 1,100 Total Funds Budgeted.............................................................................................? 151,671 State Funds Budgeted..............................................................................................? 150,154 Total Positions Budgeted 4 9. Organized Crime Prevention Council Budget: Personal Services.......................................................................................................? 107,898 Regular Operating Expenses.....................................................................................? 15,300 Travel........................................................................................................,...................? 10,000 Motor Vehicle Equipment Purchases........................................................................? 7,500 Publications and Printing............................................................................................? 1,500 Equipment Purchases.......................................................................................................? -0- Computer Charges.............................................................................................................? -0- Real Estate Rentals..........................................................................................................? -0- Telecommunications..............................................................................................,......? 2,800 Per Diem, Fees and Contracts..................................................................................? 18,840 Postage............................................................................................................................? 1,000 Total Funds Budgeted.............................................................................................? 164,838 State Funds Budgeted..............................................................................................? 163,190 Total Positions Budgeted 3 10. Georgia Public Safety Training Facility Budget: Personal Services.........................................................................................................? 57,892 2630 JOURNAL OF THE HOUSE, Regular Operating Expenses ..........................................................................................$ 850 Travel..............................................................................................................................$ 3,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing...............................................................................................$ 200 Equipment Purchases.......................................................................................................$ -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals ......................................................................................................$ 3,500 Telecommunications .....................................................................................................$ 3,000 Per Diem, Fees and Contracts ....................................................................................$ 2,500 Capital OutUy...................................................................................................................f^ Total Funds Budgeted ...............................................................................................$ 70,942 State Funds Budgeted................................................................................................$ 70,436 Total Positions Budgeted 2 Authorized Motor Vehicles 0 Budget Unit Object Classes: Personal Services..................................................................................................$ 35,284,608 Regular Operating Expenses ................................................................................$ 6,631,943 Travel..........................................................................................................................$ 191,000 Motor Vehicle Equipment Purchases.............................................................................................................$ 2,666,666 Publications and Printing.....................................................................................$ 1,048,000 Equipment Purchases...............................................................................................$ 265,698 Computer Charges .................................................................................................$ 2,381,082 Real Estate Rentals ..................................................................................................$ 114,976 Telecommunications................................................................................................^ 490,400 Per Diem, Fees and Contracts ................................................................................$ 309,880 Postage........................................................................................................................$ 665,300 Conviction Reports ...................................................................................................$ 180,000 Peace Officers Training Grant.............................................................................$ 1,595,026 Capital Outlay ...................................................................................................................$ -0- Total Positions Budgeted 1,548 Authorized Motor Vehicles 1,048 Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Provincial Police). Provided, however, that of the above appropriation for Conviction Reports, payment for conviction reports is not to exceed $.25 per conviction report. Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds contemplated in the Georgia Peace Officers Standards and Training Activity of this Act, the Office of Planning and Budget is authorized and directed to supplant State Funds appropriated herein. Provided further that such supplantation shall not be imple mented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants. It is the intent of this General Assembly that for the purpose of purchasing Police Pur suit Motor Vehicles, the Department of Public Safety is hereinafter authorized to develop and establish specifications for said purchases of Police Pursuit Vehicles when such pur chases are made by the State of Georgia, or otherwise placed a part of a State of Georgia Contract. Provided, further, that the development of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by November 1 of each year. Provided, further, the Department of Administrative Services is hereby instructed to complete said specifications and place to bid for the letting of contracts by December 1 of such fiscal year. Section 35. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System...................................................................................$ 11,983,100 MONDAY, MARCH 22,1982 2631 Departmental Operations Budget: Payments to Employees' Retirement System ............,..................................................................................$ 165,000 Employer Contributions......................................................................................! 11.818.100 Total Funds Budgeted ........................................................................................$ 11,983,100 State Funds Budgeted.........................................................................................! 11,983,100 Budget Unit Object Classes: Payments to Employees' Retirement System ...............................................................................................$ 165,000 Employer Contributions......................................................................................! 11,818,100 Section 36. Public Service Commission. Budget Unit: Public Service Commission.................................................................................................|3j854j967 1. Administration Budget: Personal Services.....................................................................................................:.! 712,641 Regular Operating Expenses.........................................................................,...........! 35,634 Travel............................................................................................................................! 10,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 1,500 Equipment Purchases...................................................................................................! 8,040 Computer Charges ........................................................................................................$ 2,500 Real Estate Rentals....................................................................................................! 64,275 Telecommunications...................................................................................................! 28,745 Per Diem, Fees and Contracts..................................................................................! 14,500 Total Funds Budgeted.............................................................................................! 877,835 State Funds Budgeted..............................................................................................! 868,067 Total Positions Budgeted 23 2. Transportation Budget: Personal Services.......................................................................................................! 937,279 Regular Operating Expenses...................................................................................$ 156,229 Travel............................................................................................................................! 48,079 Motor Vehicle Equipment Purchases......................................................................! 26,400 Publications and Printing..........................................................................................! 10,000 Equipment Purchases....................................................................................,..............! 3,990 Computer Charges....................................................................................................! 104,000 Real Estate Rentals ....................................................................................................$ 80,702 Telecommunications...................................................................................................! 24,150 Per Diem, Fees and Contracts..................................................................................! 15,250 Total Funds Budgeted ..........................................................................................$ 1,406,079 State Funds Budgeted...........................................................................................! 1,392,801 Total Positions Budgeted 48 3. Utilities Budget: Personal Services....................................................................................................! 1,334,359 Regular Operating Expenses ..........................*..,.......................................................! 60,190 Travel............................................................................................................................! 85,000 Motor Vehicle Equipment Purchases......................................................................! 18,000 Publications and Printing............................................................................................! 2,500 Equipment Purchases...................................................................................................! 6,105 Computer Charges......................................................................................................! 19,096 Real Estate Rentals....................................................................................................! 46,216 Telecommunications...................................................................................................! 34,335 Per Diem, Fees and Contracts................................................................................! 100,000 Total Funds Budgeted..........................................................................................! 1,705,801 2632 JOURNAL OF THE HOUSE, State Funds Budgeted...........................................................................................$ 1,594,099 Total Positions Budgeted 53 Budget Unit Object Classes: Personal Services....................................................................................................$ 2,984,279 Regular Operating Expenses ...................................................................................$ 252,053 Travel..........................................................................................................................$ 143,079 Motor Vehicle Equipment Purchases ......................................................................$ 44,400 Publications and Printing..........................................................................................? 14,000 Equipment Purchases.................................................................................................! 18,135 Computer Charges ....................................................................................................$ 125,596 Real Estate Rentals ..................................................................................................$ 191,193 Telecommunications...................................................................................................? 87,230 Per Diem, Fees and Contracts................................................................................$ 129,750 Total Positions Budgeted 124 Authorized Motor Vehicles 26 Section 37. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions ..................................................................................$ 509,967,152 1. Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs.........................................................................$ 392,339,292 Sponsored Operations......................................................................................? 63,840,000 Operating Expenses: Educ., Gen., and Dept. Svcs. ........................................................................$ 105,818,808 Sponsored Operations......................................................................................? 50,160,000 Office of Minority Business Enterprise..............................................................................................? 240,171 Special Desegregation Programs.............................................................................? 258,422 Satellite Medical Facility Program..................................................................................................................? 500,000 Teachers'Retirement..........................................................................................? 46,418,169 Authority Lease Rentals.....................................................................................? 16,367,000 Capital Outlay...........................................................................................................? 845,000 Total Funds Budgeted ......................................................................................$ 676,786,862 Less Agency Funds: Departmental Income..........................................................................................? 14,600,000 Sponsored Income..............................................................................................? 114,000,000 Other Funds........................................................................................................? 107,093,800 Auxiliary Income....................................................................................................? 2,782,000 Indirect Communication Charges........................................................................? 3,027,300 State Funds Budgeted.......................................................................................? 435,283,762 Total Positions Budgeted 16,329 Provided, that from appropriated funds in A, the amount of ?16,367,000 in F.Y. 1983 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever. Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the Fiscal Year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing. MONDAY, MARCH 22, 1982 2633 Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution applicable to such salary to the Teachers' Retirement Sys tem. No funds realized by the State Board of Regents of the University System or any college or university, from the State General fund, from the Federal Government, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended. Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System. Provided, that revenue from student fees which exceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcommittees of the House and Senate, except that stu dent fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limitation. Provided, further, that revenue from sales and ser vices shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income. Provided, further, it is the intent of this General Assembly that the 1 Vz % Personal Services continuation factor incorporated into the Resident Instruction appropriation in this Appropriations Act be utilized to provide 2 Vi % merit-type increases. Provided, the State Board of Regents shall be permitted to use available surplus from the Resident Instruction Budget Unit for Capital Outlay and Equipment Purchases only. 2. Marine Resources Extension Center Budget: Personal Services: Educ., Gen., and Dept. Svcs. ...............................................................................$ 549,000 Sponsored Operations...................................................................................................$ -0- Operating Expenses: Educ., Gen., and Dept. Svcs................................................................................$ 278,000 Sponsored Operations...................................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 827,000 Less Agency Funds: Departmental Income.......................................................................................................$ -0- Sponsored Income.............................................................................................................$ -0- Other Funds...............................................................................................................! 129,000 Indirect DOAS Services Funding ...............................................................................$ 9,800 State Funds Budgeted..............................................................................................! 688,200 Total Positions Budgeted 26 3. Skidaway Institute of Oceanography Budget: Personal Services: Educ., Gen., and Dept. Svcs................................................................................$ 722,000 Sponsored Operations...........................................................................................! 675,000 Operating Expenses: Educ., Gen., and Dept. Svcs................................................................................! 544,000 Sponsored Operations...........................................................................................! 875,000 Total Funds Budgeted ..........................................................................................$ 2,816,000 Less Agency Funds: Departmental Income.......................................................................................................! -0- Sponsored Income..................................................................................................$ 1,550,000 Other Funds...............................................................................................................! 332,000 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted..............................................................................................! 934,000 Total Positions Budgeted 33 2634 JOURNAL OF THE HOUSE, 4. Marine Institute Budget: Personal Services: Educ., Gen., and Dept. Svcs................................................................................$ 338,000 Sponsored Operations...........................................................................................$ 154,750 Operating Expenses: Educ., Gen., and Dept. Svcs. ...............................................................................$ 181,000 Sponsored Operations...........................................................................................$ 120,250 Total Funds Budgeted .............................................................................................$ 794,000 Less Agency Funds: Departmental Income.......................................................................................................$ -0- Sponsored Income.....................................................................................................$ 275,000 Other Funds...................................................................................................................$ 7,000 Indirect DOAS Services Funding ...................................................................................$ JL State Funds Budgeted..............................................................................................$ 512,000 Total Positions Budgeted 20 5. Engineering Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs.............................................................................$ 8,926,510 Sponsored Operations......................................................................................? 21,600,000 Operating Expenses: Educ., Gen., and Dept. Svcs. ............................................................................$ 6,900,954 Sponsored Operations..................................................,...................................$ 17,891,438 Agricultural Research...............................................................................................! 416,641 Total Funds Budgeted ........................................................................................$ 55,735,543 Less Agency Funds: Departmental Income.......................................................................................................$ -0- Sponsored Income................................................................................................$ 39,491,438 Other Funds..........................................................................................................? 10,875,787 Indirect DOAS Services Funding.................................,.........................................$ 117,600 State Funds Budgeted...........................................................................................$ 5,250,718 Total Positions Budgeted 312 6. Engineering Extension Division Budget: Personal Services: Educ., Gen., and Dept. Svcs.............................................................................$ 1,043,694 Sponsored Operations.............................................................................................? 35,000 Operating Expenses: Educ., Gen., and Dept. Svcs................................................................................$ 711,031 Sponsored Operations.............................................................................................? 15,000 Advanced Technology Development Center.............................................................................................? 407,079 Total Funds Budgeted..........................................................................................? 2,211,804 Less Agency Funds: Departmental Income.......................................................................................................? -0- Sponsored Income.......................................................................................................? 50,000 Other Funds............................................................................................................? 1,183,894 Indirect DOAS Services Funding.............................................................................? 12,200 State Funds Budgeted..............................................................................................? 965,710 Total Positions Budgeted 37 7. Agricultural Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs...........................................................................? 17,750,364 Sponsored Operations........................................................................................? 3,700,000 MONDAY, MARCH 22, 1982 2635 Operating Expenses: Educ., Gen., and Dept. Svcs.............................................................................$ 7,664,220 Sponsored Operations........................................................................................! 2,000,000 Capital Outlay ...................................................................................................................$ -0- Total Funds Budgeted ........................................................................................$ 31,114,584 Less Agency Funds: Departmental Income ......................................,................................................................$ -0- Sponsored Income..................................................................................................! 5,700,000 Other Funds............................................................................................................! 6,576,200 Indirect DOAS Services Funding .............................................................................$ 95,900 State Funds Budgeted.........................................................................................! 18,742,484 Total Positions Budgeted 855 8. Cooperative Extension Service Budget: Personal Services: Educ., Gen., and Dept. Svcs...........................................................................! 20,239,127 Sponsored Operations........................................................................................! 4,590,000 Operating Expenses: Educ., Gen., and Dept. Svcs.............................................................................! 3,174,525 Sponsored Operations........................................................................................! 2,010.000 Total Funds Budgeted ........................................................................................$ 30,013,652 Less Agency Funds: Departmental Income.......................................................................................................! -0- Sponsored Income..................................................................................................! 6,600,000 Other Funds............................................................................................................! 5,205,000 Indirect DOAS Services Funding...........................................................................| 126,700 State Funds Budgeted.........................................................................................! 18,081,952 Total Positions Budgeted 960 9. Eugene Talmadge Memorial Hospital Budget: Personal Services: Educ., Gen., and Dept. Svcs...........................................................................! 42,300,689 Sponsored Operations........................................................................................! 2,377,513 Operating Expenses: Educ., Gen., and Dept. Svcs...........................................................................! 19,035,532 Sponsored Operations...........................................................................................! 611,238 Capital Outlay - ETMH Renovations................................................................................................................! -0- Total Funds Budgeted ........................................................................................$ 64,324,972 Less Agency Funds: Departmental Income............................................................................................! 1,125,099 Sponsored Income..................................................................................................! 2,988,751 Other Funds..........................................................................................................! 35,788,497 Board of Corrections .............................................................................................$ 1,557,264 Indirect DOAS Services Funding...........................................................................! 193,500 State Funds Budgeted.........................................................................................! 22,671,861 Total Positions Budgeted 2,902 10. Veterinary Medicine Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs................................................................................! 856,000 Sponsored Operations...................................................................................................! -0Operating Expenses: Educ., Gen., and Dept. Svcs................................................................................! 405,236 Sponsored Operations...................................................................................................! -0- 2636 JOURNAL OF THE HOUSE, Agricultural Research...............................................................................................? 300,000 Disease Research ...............................................................................................................$ -0- Fire Ant Research.....................................................................................................? 150,000 Total Funds Budgeted ..........................................................................................$ 1,711,236 Less Agency Funds: Departmental Income.......................................................................................................$ -0- Sponsored Income.............................................................................................................$ -0- Other Funds.......................................................................................................................! -0- Indirect DOAS Services Funding...................................................................................? ^ State Funds Budgeted...........................................................................................? 1,711,236 Total Positions Budgeted 45 11. Veterinary Medicine Teaching Hospital Budget: Personal Services: Educ., Gen., and Dept. Svcs................................................................................$ 775,886 Sponsored Operations...................................................................................................? -0- Operating Expenses: Educ., Gen., and Dept. Svcs................................................................................$ 883,567 Sponsored Operations...................................................................................................? -0- Total Funds Budgeted..........................................................................................? 1,659,453 Less Agency Funds: Departmental Income.......................................................................................................? -0- Sponsored Income.............................................................................................................? -0- Other Funds............................................................................................................? 1,295,000 Indirect DOAS Services Funding...................................................................................? ^ State Funds Budgeted..............................................................................................? 364,453 Total Positions Budgeted 69 12. Family Practice Residency Program Budget: Personal Services: Educ., Gen., and Dept. Svcs................................................................................? 106,426 Operating Expenses: Educ., Gen., and Dept. Svcs..................................................................................? 92,778 Capitation Contracts for Family Practice Residency...............................................................................? 2,060,000 Residency Capitation Grants...............................................................................? 1,785,000 New Program Development Contracts for Family Practice Residency............................................................................? 150,000 Student Preceptorships............................................................................................? 185,000 Total Funds Budgeted..........................................................................................? 4,379,204 State Funds Budgeted...........................................................................................? 4,379,204 Total Positions Budgeted 4 Provided, that of the above appropriation, ?185,000 is designated and committed for contracts with medical schools for a student preceptorship program. Provided, further, that each student participating in the program shall receive ?500 and each family physi cian shall receive ?500. 13. Georgia Radiation Therapy Center Budget: Personal Services: Educ., Gen., and Dept. Svcs................................................................................? 551,528 Sponsored Operations...................................................................................................? -0Operating Expenses: Educ., Gen., and Dept. Svcs................................................................................? 292,420 Sponsored Operations...................................................................................................? -0Total Funds Budgeted.............................................................................................? 843,948 MONDAY, MARCH 22, 1982 2637 Less Agency Funds: Departmental Income.......................................................................................................$ -0- Sponsored Income.............................................................................................................! -0- Other Funds...............................................................................................................$ 462,376 Indirect DOAS Services Funding...................................................................................! ^ State Funds Budgeted..............................................................................................$ 381,572 Total Positions Budgeted 34 Budget Unit Object Classes: Personal Services: Educ., Gen., and Dept. Svcs.........................................................................$ 486,498,516 Sponsored Operations......................................................................................! 96,972,263 Operating Expenses: Educ., Gen., and Dept. Svcs.........................................................................$ 145,982,071 Sponsored Operations......................................................................................! 73,682,926 Office of Minority Business Enterprise..............................................................................................! 240,171 Special Desegregation Programs.............................................................................! 258,422 Satellite Medical Facility Program..................................................................................................................! 500,000 Fire Ant Research.....................................................................................................! 150,000 Agricultural Research...............................................................................................! 716,641 Disease Research...............................................................................................................! -0- Advanced Technology Development Center.............................................................................................! 407,079 Capitation Contracts for Family Practice Residency ...............................................................................$ 2,060,000 New Program Development Contracts for Family Practice Residency................................................................................................! 150,000 Residency Capitation Grants ...............................................................................$ 1,785,000 Student Preceptorships............................................................................................$ 185,000 Teachers' Retirement..........................................................................................! 46,418,169 Authority Lease Rentals.....................................................................................! 16,367,000 Capital Outlay - ETMH Renovations....................................................................................................................! -0- Capital Outlay...........................................................................................................! 845,000 Total Positions Budgeted 21,626 Provided, that none of the funds appropriated for Fire Ant Research shall be expended unless matching funds are provided by the U.S.D.A. B. Budget Unit: Regents Central Office.............................................................! 16,363,711 Regents Central Office Budget: Personal Services....................................................................................................! 2,717,000 Operating Expenses..................................................................................................! 703,960 SREB Payments.....................................................................................................! 5,402,833 Medical Scholarships................................................................................................! 547,500 Regents Opportunity Grants...................................................................................! 500,000 Regents Scholarships................................................................................................! 200,000 Grants to Junior Colleges....................................................................................-! 6,136,628 Rental Payments to Georgia Military College.....................................................................................................! 190,000 Central Savannah River Area Business League ............................................................................................................! -0- Total Funds Budgeted........................................................................................! 16,397,921 State Funds Budgeted.........................................................................................! 16,363,711 Total Positions Budgeted 98 2638 JOURNAL OF THE HOUSE, Budget Unit Object Classes: Personal Services....................................................................................................? 2,717,000 Operating Expenses ..................................................................................................$ 703,960 SREB Payments.....................................................................................................? 5,402,833 Medical Scholarships................................................................................................$ 547,500 Regents Opportunity Grants...................................................................................$ 500,000 Regents Scholarships................................................................................................? 200,000 Grants to Junior Colleges.....................................................................................? 6,136,628 Rental Payments to Georgia Military College.....................................................................................................? 190,000 Central Savannah River Area Business League............................................................................................................? -0- Total Positions Budgeted 98 Authorized Motor Vehicles 0 Provided, that of the above appropriation relative to Grants to Junior Colleges, pay ments are to be based on a rate of ?796 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student. C. Budget Unit: Georgia Public Telecommunications Commission...................................................................................................? 4,077,642 Public Telecommunications Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs.............................................................................? 2,696,760 Sponsored Operations...................................................................................................? -0- Operating Expenses: Educ., Gen., and Dept. Svcs.............................................................................? 2,675,520 Sponsored Operations...................................................................................................? -0- Total Funds Budgeted..........................................................................................? 5,372,280 Less Agency Funds: Departmental Income.......................................................................................................? -0- Sponsored Income.............................................................................................................? -0- Other Funds............................................................................................................? 1,294,638 Indirect DOAS Services Funding...................................................................................? ^ State Funds Budgeted...........................................................................................? 4,077,642 Total Positions Budgeted 137 Budget Unit Object Classes: Personal Services....................................................................................................? 2,696,760 Operating Expenses...............................................................................................? 2,675,520 Total Positions Budgeted 137 Authorized Motor Vehicles 14 Section 38. Department of Revenue. Budget Unit: Department of Revenue...............................................................? 34,227,040 1. Departmental Administration Budget: Personal Services.......................................................................................................? 978,100 County Tax Officials/Retirement and FICA................................................................................................................I 610,000 Regular Operating Expenses.....................................................................................? 96,926 Travel............................................................................................................................? 19,000 Motor Vehicle Equipment Purchases........................................................................? 7,250 Publications and Printing..........................................................................................? 17,000 Equipment Purchases...................................................................................................? 2,685 Computer Charges......................................................................................................? 20,000 MONDAY, MARCH 22, 1982 2639 Real Estate Rentals ......................,,..................................................................................$ -0- Telecommunications...................................................................................................? 23,000 Per Diem, Fees and Contracts....................................................................................? 3,000 Postage...............................................................................................................................? 150 Total Funds Budgeted ..........................................................................................$ 1,777,111 Indirect Georgia Building Authority Rents.............................................................................................................$ -0- State Funds Budgeted...........................................................................................$ 1,765,440 Total Positions Budgeted 33 2. Motor Vehicle Administration Budget: Personal Services....................................................................................................! 4,582,066 Regular Operating Expenses ..................................................,................................? 250,850 Travel.....................................................:........................................................................? 7,000 Motor Vehicle Equipment Purchases....................................................................,.......? -0- Publications and Printing........................................................................................? 416,380 Equipment Purchases.................................................................................................? 75,500 Computer Charges.................................................................................................? 2,636,013 Real Estate Rentals..........................................................................................................? -0- Telecommunications...................................................................................................? 85,000 Per Diem, Fees and Contracts........................................................................................? -0- Motor Vehicle Tag Purchases..............................................................................? 1,122,000 Motor Vehicle Decal Purchases................................................................................? 71,500 Postage................................................................................................................................? -0- Total Funds Budgeted..........................................................................................? 9,246,309 Indirect DOAS Services Funding........................................................................? 1,316,049 State Funds Budgeted...........................................................................................? 7,864,252 Total Positions Budgeted 256 Provided, that of the above appropriated amount relating to motor vehicle tag pur chases, $1,122,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 1,100,000 motor vehicle tags, and for this purpose only. Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production. 3. Property Tax Budget: Personal Services....................................................................................................? 1,208,000 Regular Operating Expenses.....................................................................................? 49,453 Travel............................................................................................................................? 74,000 Motor Vehicle Equipment Purchases......................................................................? 21,750 Publications and Printing..........................................................................................? 86,500 Equipment Purchases...................................................................................................? 1,600 Computer Charges....................................................................................................? 311,288 Real Estate Rentals..........................................................................................................? -0Telecommunications...................................................................................................? 21,200 Per Diem, Fees and Contracts................................................................................? 145,000 Loans to Counties/Property Reevaluation...................................................................................................................? -0Grants to Counties/Appraisal Staff......................................................................................................................? 1,430,000 Intangible Tax Equalization Fund.......................................,.........................................? -0Postage..........................................................................................................................? 12,500 Total Funds Budgeted..........................................................................................? 3,361,291 Repayment of Loans to Counties/Property Revaluation...................................................................................? -0Indirect DOAS Services Funding...........................................................................? 288,400 2640 JOURNAL OF THE HOUSE, State Funds Budgeted...........................................................................................$ 3,054,358 Total Positions Budgeted 62 4. Sales Taxation Budget: Personal Services....................................................................................................! 1,444,000 Regular Operating Expenses .....................................................................................$ 16,704 Travel..............................................................................................................................$ 3,725 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 70,550 Equipment Purchases...................................................................................................! 6,190 Computer Charges....................................................................................................! 550,000 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications...................................................................................................! 26,000 Per Diem, Fees and Contracts........................................................................................! -0- Postage........................................................................................................................! 100,500 Total Funds Budgeted ........................................................................................,,! 2,217,669 Indirect DOAS Services Funding...........................................................................! 352,000 State Funds Budgeted...........................................................................................! 1,863,056 Total Positions Budgeted 85 5. Motor Fuel Taxation Budget: Personal Services.......................................................................................................! 665,000 Regular Operating Expenses .......................................................................................$ 5,300 Travel..............................................................................................................................! 1,500 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 53,000 Equipment Purchases...................................................................................................! 3,650 Computer Charges.................................................................................;..................! 264,843 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 13,300 Per Diem, Fees and Contracts........................................................................................! -0- Postage................................................................................................................................! -0- Total Funds Budgeted..........................................................................................! 1,006,593 Indirect DOAS Services Funding...........................................................................! 187,375 State Funds Budgeted..............................................................................................! 809,382 Total Positions Budgeted 37 6. Income Taxation Budget: Personal Services....................................................................................................! 2,591,332 Regular Operating Expenses .....................................................................................$ 44,600 Travel..............................................................................................................................! 3,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing........................................................................................! 355,000 Equipment Purchases.................................................................................................! 20,700 Computer Charges.................................................................................................! 2,172,784 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 43,417 Per Diem, Fees and Contracts........................................................................................! -0- Postage........................................................................................................................! 296,576 Total Funds Budgeted ..........................................................................................$ 5,527,409 Indirect DOAS Services Funding........................................................................! 1,533,590 State Funds Budgeted...........................................................................................! 3,993,819 Total Positions Budgeted 127 7. Central Audit Budget: Personal Services....................................................................................................! 2,429,000 Regular Operating Expenses .....................................................................................$ 14,820 Travel..........................................................................................................................! 470,500 Motor Vehicle Equipment Purchases............................................................................! -0- MONDAY, MARCH 22, 1982 2641 Publications and Printing............................................................................................$ 3,200 Equipment Purchases...................................................................................................! 2,800 Computer Charges........................................................................................................! 7,650 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 19,030 Per Diem, Fees and Contracts ........................................................................................$ -0- Postage.................................................................................................................................|75 Total Funds Budgeted ..........................................................................................$ 2,947,075 State Funds Budgeted...........................................................................................$ 2,947,075 Total Positions Budgeted 82 8. Field Audit Services Budget: Personal Services....................................................................................................! 6,483,000 Regular Operating Expenses...................................................................................! 198,365 Travel..........................................................................................................................! 297,000 Motor Vehicle Equipment Purchases......................................................................! 29,995 Publications and Printing..........................................................................................! 49,200 Equipment Purchases...........................................................................,.....................! 23,202 Computer Charges....................................................................................................! 238,949 Real Estate Rentals..................................................................................................! 225,165 Telecommunications.................................................................................................! 200,000 Per Diem, Fees and Contracts........................................................................................! -0- Postage..........................................................................................................................! 64,300 Total Funds Budgeted..........................................................................................! 7,809,176 Indirect DOAS Services Funding...........................................................................! 167,586 State Funds Budgeted...........................................................................................! 7,641,590 Total Positions Budgeted 307 9. Internal Administration Budget: Personal Services....................................................................................................! 1,329,925 Regular Operating Expenses...................................................................................! 208,980 Travel...................................................................................................................,..........! 1,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing........................................................................................! 336,000 Equipment Purchases.................................................................................................! 37,600 Computer Charges....................................................................................................! 183,055 Real Estate Rentals..................................................................................................! 852,872 Telecommunications...................................................................................................! 13,700 Per Diem, Fees and Contracts........................................................................................! -0- Postage.....................................................................................................................! 1,364.029 Total Funds Budgeted..........................................................................................! 4,327,661 Indirect Georgia Building Authority Rents.............................................................................................................! -0- State Funds Budgeted...........................................................................................! 4,288,068 Total Positions Budgeted 69 Budget Unit Object Classes: Personal Services..................................................................................................! 21,710,423 County Tax Officials/Retirement and PICA................................................................................................................! 610,000 Regular Operating Expenses...................................................................................! 885,998 Travel..........................................................................................................................! 877,225 Motor Vehicle Equipment Purchases..................................................................................................................! 58,995 Publications and Printing................................................................................,....! 1,386,830 Equipment Purchases...............................................................................................! 173,927 Computer Charges.................................................................................................! 6,384,582 Real Estate Rentals ...............................................................................................$ 1,078,037 2642 JOURNAL OF THE HOUSE, Telecommunications.................................................................................................! 444,647 Per Diem, Fees and Contracts................................................................................! 148,000 Loans to Counties/Property Reevaluation...................................................................................................................$ -0- Grants to Counties/Appraisal Staff......................................................................................................................$ 1,430,000 Motor Vehicle Tag Purchases..............................................................................! 1,122,000 Motor Vehicle Decal Purchases................................................................................! 71,500 Intangible Tax Equalization Fund .................................................................................$ -0- Postage.....................................................................................................................! 1,838,130 Total Positions Budgeted 1,058 Authorized Motor Vehicles 60 Section 39. Secretary of State. A. Budget Unit: Secretary of State......................................................................! 12,665,160 1. Occupational Certification Budget: Personal Services....................................................................................................! 2,593,751 Regular Operating Expenses...................................................................................! 832,380 Travel..........................................................................................................................! 115,172 Motor Vehicle Equipment Purchases......................................................................! 21,600 Publications and Printing........................................................................................! 104,000 Equipment Purchases.................................................................................................! 28,081 Computer Charges......................................................................................................! 95,000 Real Estate Rentals..................................................................................................! 319,241 Telecommunications...................................................................................................! 93,043 Per Diem, Fees and Contracts................................................................................! 377,285 Postage........................................................................................................................! 145,000 Total Funds Budgeted ..........................................................................................$ 4,724,553 State Funds Budgeted...........................................................................................! 4,677,507 Total Positions Budgeted 136 Occupational Certification Functional Budgets Board Costs Cost of Operations Accounting ! 130,775 ! 230,390 Architect ! 37,530 ! 98,974 Athletic Trainers ! 820 ! 1,368 Auctioneers ! 3,810 ! 30,320 Barbers ! 8,965 ! 171,028 Chiropractic ! 6,655 ! 39,907 Construction Industry ! 51,870 ! 256,399 Cosmetology ! 23,270 ! 632,753 Dentistry $ 39,240 ! 203,956 Engineers ! 57,935 ! 271,011 Forestry ! 2,530 $ 21,412 Funeral Service ! 16,162 ! 123,972 Geology ! 1,965 ! 15,721 Hearing Aid ! 4,410 ! 24,290 MONDAY, MARCH 22, 1982 2643 Landscape Architect Librarians Marriage and Family Counselors Medical Examiners Nursing Home Administrators Board of Nursing Dispensing Opticians Optometry Occupational Therapy Pest Control Pharmacy Physical Therapy Podiatry Polygraph Examiners Practical Nursing Private Detective Psychologists Recreation Sanitarian Speech Pathology Used Car Dealers Used Car Parts Veterinary Wastewater Well Water Administration Investigative Total $ 7,165 $ 1,880 $ -0$ 212,475 $ 10,925 $ 118,275 $ 5,470 $ 6,305 $ 1,750 $ 6,980 $ 66,435 $ 10,770 $ 1,845 $ 1,460 $ 62,735 $ 14,740 $ 19,100 $ 2,815 $ 4,740 $ 3,485 $ 10,120 $ 4,350 $ 20,500 $ 7,190 $ 7,294 $ -0$ -0$ 994,741 $ 16,507 $ 14,469 $ -0$ 767,090 $ 22,682 $ 650,566 $ 27,381 $ 27,674 $ 7,699 $ 68,529 $ 330,733 $ 21,773 $ 13,203 $ 10,979 $ 339,517 $ 247,672 $ 48,517 $ 19,274 $ 17,172 $ 14,352 $ 158,781 $ 31,924 $ 61,135 $ 53,283 $ 20,003 $ -0$ -0$ 5,112,416 2. Securities Regulation Budget: Personal Services................................................................... R62ulsr OoBrfltinc EXDGIISGS Travel...................................................................................... Motor Vehicle Equipment Purchases ................................ Publications and Printing.................................................... Equipment Purchases........................................................... Computer Charges ................................................................. Real Estate Rentals .............................................................. Telecommunications ............................................................. ,$461,542 ............$ 34,198 ..............$ 8,110 ............$ 21,600 ..............$ 4,000 ..............$ 1,350 ,,$ 47,915 ............$ 17,290 $ 10.982 2644 JOURNAL OF THE HOUSE, Per Diem, Fees and Contracts....................................................................................! 2,100 Postage...............................................................................................................................$ 400 Total Funds Budgeted .............................................................................................$ 609,487 State Funds Budgeted..............................................................................................! 603,807 Total Positions Budgeted 18 3. Corporations Regulation Budget: Personal Services.......................................................................................................! 538,846 Regular Operating Expenses .....................................................................................$ 21,204 Travel..............................................................................................................................! 3,763 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 21,250 Equipment Purchases...................................................................................................! 2,330 Computer Charges ......................................................................................................$ 74,500 Real Estate Rentals....................................................................................................! 81,480 Telecommunications....................................................................................-...........-.! 32,520 Per Diem, Fees and Contracts........................................................................................! -0- Postage............................................................................................................-...........! 36,000 Total Funds Budgeted .............................................................................................! 811,893 State Funds Budgeted.............................................................................................-! 804,196 Total Positions Budgeted 32 4. Drugs and Narcotics Budget: Personal Services.......................................................................................................! 423,500 Regular Operating Expenses.....................................................................................! 37,335 Travel............................................................................................................................! 25,000 Motor Vehicle Equipment Purchases......................................................................! 14,400 Publications and Printing...............................................................................................! 300 Equipment Purchases......................................................................................................! 200 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 5,782 Telecommunications.....................................................................................................! 7,545 Per Diem, Fees and Contracts....................................................................................! 2,500 Postage............................................................................................................................! 2,500 Total Funds Budgeted .............................................................................................! 519,062 State Funds Budgeted..............................................................................................! 513,871 Total Positions Budgeted 15 5. Archives and Records Budget: Personal Services....................................................................................................! 1,893,509 Regular Operating Expenses...................................................................................! 244,386 Travel............................................................................................................................! 43,913 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 24,000 Equipment Purchases.................................................................................................! 60,651 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 30,386 Telecommunications...................................................................................................! 53,201 Per Diem, Fees and Contracts....................................................................................! 2,000 Capital Outlay...................................................................................................................! -0- Postage..........................................................................................................................! 21,042 Authority Lease Rentals.......................................................................................! 1,276,000 Total Funds Budgeted ..........................................................................................$ 3,649,088 State Funds Budgeted...........................................................................................! 3,588,268 Total Positions Budgeted 91 6. General Services Budget: Personal Services.......................................................................................................! 559,666 Regular Operating Expenses.....................................................................................! 35,464 MONDAY, MARCH 22, 1982 2645 Travel.....................................................................................,........................................$ 2,257 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing........................................................................................! 118,608 Equipment Purchases...................................................................................................! 3,300 Computer Charges......................................................................................................! 12,047 Real Estate Rentals......................................................................................................! 6,085 Telecommunications...................................................................................................! 18,296 Per Diem, Fees and Contracts....................................................................................! 3,720 Postage..........................................................................................................................! 27,411 Total Funds Budgeted .............................................................................................$ 786,854 State Funds Budgeted..............................................................................................! 779,106 Total Positions Budgeted 29 7. Internal Administration Budget: Personal Services.......................................................................................................! 739,983 Regular Operating Expenses.....................................................................................! 63,084 Travel..............................................................................................................................! 4,624 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 76,180 Equipment Purchases...................................................................................................! 3,062 Computer Charges......................................................................................................! 12,000 Real Estate Rentals....................................................................................................! 21,240 Telecommunications...................................................................................................! 22,958 Per Diem, Fees and Contracts....................................................................................! 1,025 Postage..........................................................................................................................! 27,554 Total Funds Budgeted .............................................................................................$ 971,710 State Funds Budgeted..............................................................................................! 962,193 Total Positions Budgeted 35 8. State Campaign and Financial Disclosure Commission Budget: Personal Services...................................................... ..................................................$ 77,298 Regular Operating Expenses .......................................................................................$ 5,199 Travel..............................................................................................................................! 3,230 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 7,000 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals...................................................................................................-! 10,496 Telecommunications.....................................................................................................! 2,570 Per Diem, Fees and Contracts....................................................................................! 4,660 Postage............................................................................................................................! 3,800 Total Funds Budgeted .............................................................................................$ 114,253 State Funds Budgeted..............................................................................................! 113,110 Total Positions Budgeted 3 9. Elections and Campaign Disclosure Budget: Personal Services.......................................................................................................! 192,730 Regular Operating Expenses .....................................................................................$ 18,438 Travel..............................................................................................................................! 2,259 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing............................................................................................! 6,300 Equipment Purchases.......................................................................................................! -0Computer Charges.............................................................................................................! -0Real Estate Rentals..........................................................................................................! -0Telecommunications.....................................................................................................! 4,619 Per Diem, Fees and Contracts....................................................................................! 1,050 2646 JOURNAL OF THE HOUSE, Postage............................................................................................................................? 4,000 Election Expenses .....................................................................................................$ 400.000 Total Funds Budgeted .............................................................................................$ 629,396 State Funds Budgeted..............................................................................................! 623,102 Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services....................................................................................................? 7,480,825 Regular Operating Expenses ................................................................................$ 1,291,688 Travel..........................................................................................................................? 208,328 Motor Vehicle Equipment Purchases......................................................................? 57,600 Publications and Printing........................................................................................? 361,638 Equipment Purchases.................................................................................................? 98,974 Computer Charges....................................................................................................? 241,462 Real Estate Rentals..................................................................................................? 492,000 Telecommunications.................................................................................................? 245,734 Per Diem, Fees and Contracts................................................................................? 394,340 Election Expenses.....................................................................................................? 400,000 Postage........................................................................................................................? 267,707 Capital Outlay..................................................................................-...............................? -0- Authority Lease Rentals.......................................................................................? 1,276,000 Total Positions Budgeted 367 Authorized Motor Vehicles 70 Provided, however, that the Secretary of State is hereby authorized to expend up to ?24,176 of Elections Expense for Real Estate Rentals. B. Budget Unit: Real Estate Commission...............................................................? 930.661 Real Estate Commission Budget: Personal Services..........................................................................................-............? 485,000 Regular Operating Expenses...................................................................................? 156,322 Travel....................................................................................................................-.......? 12,000 Motor Vehicle Equipment Purchases......................................................................? 35,500 Publications and Printing..........................................................................................? 32,000 Equipment Purchases...................................................................................................? 8,680 Computer Charges......................................................................................-..............? 82,800 Real Estate Rentals....................................................................................................? 35,000 Telecommunications...........................................................................-.......................? 15,854 Per Diem, Fees and Contracts..................................................................................? 76,300 Total Funds Budgeted.............................................................................................? 939,456 State Funds Budgeted..............................................................................................? 930,661 Total Positions Budgeted 27 Real Estate Commission Functional Budget Cost of State Funds Operations Pos. Real Estate Commission ? 930,661 ? 971,611 27 Budget Unit Object Classes: Personal Services.......................................................................................................? 485,000 Regular Operating Expenses ...................................................................................$ 156,322 Travel............................................................................................................................? 12,000 Motor Vehicle Equipment Purchases......................................................................? 35,500 Publications and Printing..........................................................................................? 32,000 Equipment Purchases...................................................................................................? 8,680 Computer Charges......................................................................................................? 82,800 Real Estate Rentals....................................................................................................? 35,000 Telecommunications...................................................................................................? 15,854 MONDAY, MARCH 22, 1982 2647 Per Diem, Pees and Contracts ..................................................................................$ 76,300 Total Positions Budgeted 27 Authorized Motor Vehicles 11 Section 40. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance Commission ................................................................................$ 15,199,146 1. Internal Administration Activity Budget: Personal Services....................................................................................................$ 1,762,494 Regular Operating Expenses ...................................................................................$ 150,225 Travel..............................................,.............................................................................$ 48,400 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 55,000 Equipment Purchases.................................................................................................$ 56,335 Computer Charges ....................................................................................................$ 112,160 Real Estate Rentals ..................................................................................................$ 217,295 Telecommunications ...................................................................................................$ 62,040 Per Diem, Fees and Contracts..................................................................................|54j500 Total Funds Budgeted ..........................................................................................$ 2,518,449 State Funds Budgeted......................................................................................................? -0- Total Positions Budgeted 89 2. Higher Education Assistance Corporation Budget: Payment of Interest and Fees.................................................................................f 426.500 Total Funds Budgeted .............................................................................................$ 426,500 State Funds Budgeted..............................................................................................$ 376,500 Total Positions Budgeted 0 3. Georgia Student Finance Authority Budget: Guaranteed Educational Loans ...........................................................................$ 3,151,496 Tuition Equalization Grants ..............................................................................$ 11,100,000 Student Incentive Grants .....................................................................................$ 3,977,915 North Georgia College ROTC Grants.........................................................................................................$ 149,050 Law Enforcement Personnel Dependents' Grants ................................................................................................$ 24,000 Georgia Military Scholarship Grants.......................................................................................................................! 51,000 Total Funds Budgeted ........................................................................................$ 18,453,461 State Funds Budgeted.........................................................................................! 14,822,646 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services....................................................................................................! 1,762,494 Regular Operating Expenses.................................,........................................,........! 150,225 Travel........................................................................,...................................................! 48,400 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing..........................................................................................! 55,000 Equipment Purchases.................................................................................................! 56,335 Computer Charges....................................................................................................! 112,160 Real Estate Rentals ..................................................................................................$ 217,295 Telecommunications...................................................................................................! 62,040 Per Diem, Fees and Contracts..................................................................................! 54,500 Payment of Interest and Fees.................................................................................! 426,500 2648 JOURNAL OF THE HOUSE, Guaranteed Educational Loans ...........................................................................$ 3,151,496 Tuition Equalization Grants ..............................................................................$ 11,100,000 Student Incentive Grants .....................................................................................$ 3,977,915 Law Enforcement Personnel Dependents' Grants ................................................................................................$ 24,000 North Georgia College ROTC Grants.........................................................................................................$ 149,050 Georgia Military Scholarship Grants .......................................................................................................................$ 51,000 Total Positions Budgeted 89 Authorized Motor Vehicles 1 Provided, that of the above appropriated amount relative to Educational Loans an amount not to exceed $12,000 may be used to provide stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of cancellable loans to students. Provided, that the above appropriated amount relative to Educational Loans shall other wise be used to provide loans to students as provided for in Article 3 of Code Chapter 32-37, as amended (Code Sections 20-3-370 through 20-3-375). Provided further, however, that of said appropriated amount, the amounts designated below shall to the greatest extent possible be used to provide cancellable loans to students as designated below pursu ant to provisions of Code Section 32-3750, as amended (Code Section 20-3-374), to wit: (a) an amount not less than $1,435,000 is designated and committed for the purpose of provid ing cancellable loans to students in paramedical and other professional and educational fields of study; (b) an amount not to exceed $140,000 is designated and committed for the purpose of providing cancellable loans to students who are eligible members of the Georgia National Guard; (c) an amount not to exceed $360,000 is designated and committed for the purpose of providing cancellable loans to classroom teachers seeking special education training; and (d) an amount not to exceed $40,000 is designated and committed for the purpose of providing cancellable loans to students who are to become agricultural teachers. Provided, that the above appropriated amount relative to Student Incentive Grants pro vides for payment of need-based grants to undergraduate students as provided for in Arti cle 4 of Code Chapter 32-37 (Code Sections 20-3-390 and 20-3-391). Provided, that the above appropriated amount relative to Tuition Equalization Grants provides for payment of grants of $700 per academic year, and for payment of grants for the 1982 summer school quarter or semester, to undergraduate students attending private colleges in Georgia as provided for in Article 5 of Code Chapter 32-37 (Code Sections 20-3-410 through 20-3-416), and H.B. 589. Provided, that the above appropriated amount relative to North Georgia College ROTC Grants provides for payment of grants to eligible students as provided for in Article 6 of Code Chapter 32-37 (Code Sections 20-3-430 through 20-3-436). Provided, that the above appropriated amount relative to Law Enforcement Personnel Dependents' Grants provides for payment of grants to eligible students as provided for in Article 7 of Code Chapter 32-37 (Code Sections 20-3-450 through 20-3-455). Provided, that the above appropriated amount relative to North Georgia College Mili tary Scholarships provides for payment of scholarships to select recipients as provided for in Article 9 of Code Chapter 32-37 (Code Sections 20-3-420 through 20-3-437). Provided, that the above appropriated amount relative to Payment of Interest and Fees is designated and committed for the purpose of enabling the Georgia Higher Education Assistance Corporation to make state interest subsidy payments to lenders as provided for in Code Section 32-3314 (Code Section 20-3-273), and loan discount fee payments to lend ers as provided for in Code Section 32-3315 (Code Section 20-3-274). Provided, that from any of the above appropriated amounts any available funds may be utilized by the Georgia Higher Education Assistance Corporation for the purpose of mak ing timely payments of interest and special allowances to lenders as provided for in Code Section 32-3313 (Code Section 20-3-272) and Code Section 32-3710 (Code Section 20-3-319). MONDAY, MARCH 22, 1982 2649 Section 41. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee ..............................................................................$ 833.026 1. Soil and Water Conservation Central Office Budget: Personal Services.......................................................................................................$ 381,268 Regular Operating Expenses .....................................................................................$ 39,532 Travel............................................................................................................................$ 39,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 16,286 Equipment Purchases...................................................................................................? 2,900 Computer Charges.............................................................................................................? -0- Real Estate Rentals ....................................................................................................$ 20,885 Telecommunications...................................................................................................? 10,089 Per Diem, Fees and Contracts................................................................................? 149,425 Total Funds Budgeted .............................................................................................$ 659,385 State Funds Budgeted.............................................................................,................? 652,791 Total Positions Budgeted 12 2. Soil and Water Conservation Dam Safety Budget: Personal Services.......................................................................................................? 123,612 Regular Operating Expenses.....................................................................................? 13,400 Travel..............................................................................................................................? 9,790 Motor Vehicle Equipment Purchases......................................................................? 13,000 Publications and Printing............................................................................................? 2,300 Equipment Purchases......................................................................................................? 800 Computer Charges........................................................................................................? 4,000 Real Estate Rentals......................................................................................................? 3,953 Telecommunications.....................................................................................................? 3,200 Per Diem, Fees and Contracts....................................................................................? 8,000 Total Funds Budgeted.............................................................................................? 182,055 State Funds Budgeted..............................................................................................? 180,235 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services.......................................................................................................? 504,880 Regular Operating Expenses.....................................................................................? 52,932 Travel............................................................................................................................? 48,790 Motor Vehicle Equipment Purchases......................................................................? 13,000 Publications and Printing..........................................................................................? 18,586 Equipment Purchases...................................................................................................? 3,700 Computer Charges........................................................................................................? 4,000 Real Estate Rentals....................................................................................................? 24,838 Telecommunications...................................................................................................? 13,289 Per Diem, Fees and Contracts................................................................................? 157,425 Total Positions Budgeted 17 Authorized Motor Vehicles 3 Section 42. Teachers' Retirement System. Budget Unit: Teachers' Retirement System..........................................................................................................? 9,068,540 Departmental Operations Budget: Personal Services....................................................................................................? 1,347,302 Regular Operating Expenses.....................................................................................? 67,915 Travel............................................................................................................................? 20,600 2650 JOURNAL OF THE HOUSE, Motor Vehicle Equipment Purchases........................................................................................................................? -0- Publications and Printing...........................................'...............................................$ 48,825 Equipment Purchases...................................................................................................$ 8,990 Computer Charges ....................................................................................................$ 386,935 Real Estate Rentals ....................................................................................................$ 83,300 Telecommunications...................................................................................................$ 44,200 Per Diem, Fees and Contracts................................................................................? 165,360 Postage..........................................................................................................................! 66,600 Cost of Living Increases for Local Retirement System Membere..............................................................................................................$ 1,392,000 Floor Fund for Local Retirement Systems..............................................................................-............$ 1,447,100 Employer Contributions........................................................................................? 6,229,440 Total Funds Budgeted ........................................................................................$ 11,308,567 State Funds Budgeted...........................................................................................? 9,068,540 Total Positions Budgeted 62 Budget Unit Object Classes: Personal Services....................................................................................................? 1,347,302 Regular Operating Expenses .....................................................................................$ 67,915 Travel............................................................................................................................? 20,600 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing..........................................................................................? 48,825 Equipment Purchases...........................................................................................-.......? 8,990 Computer Charges....................................................................................................? 386,935 Real Estate Rentals....................................................................................................? 83,300 Telecommunications...................................................................................................? 44,200 Per Diem, Fees and Contracts................................................................................? 165,360 Postage..........................................................................................................................? 66,600 Cost of Living Increases for Local Retirement System Members................................................................? 1,392,000 Floor Fund for Local Retirement Systems...........................................................................................? 1,447,100 Employer Contributions........................................................................................? 6,229,440 Total Positions Budgeted 62 Authorized Motor Vehicles 1 Section 43. Department of Transportation. Budget Unit: Department of Transportation........................................................................................? 407.956,876 1. Planning and Construction Budget: Personal Services..................................................................................................? 71,945,408 Regular Operating Expenses................................................................................? 4,224,287 Travel.......................................................................................................................? 1,060,000 Motor Vehicle Equipment Purchases........................................................................................................................? -0Publications and Printing........................................................................................? 260,000 Equipment Purchases.................................................................................................? 49,350 Computer Charges.............................................................................................................? -0Real Estate Rentals....................................................................................................? 34,415 Telecommunications.................................................................................................? 985,820 Per Diem, Fees and Contracts.............................................................................? 6,100,000 Capital Outlay....................................................................................................? 351,127,102 Eugene Talmadge Memorial Bridge Study..........................................................................................................? 200,000 MONDAY, MARCH 22, 1982 2651 Total Funds Budgeted ......................................................................................$ 435,986,382 State Funds Budgeted.......................................................................................* 181,888,382 Total Positions Budgeted 3,049 2. Maintenance and Betterments Budget: Personal Services..................................................................................................$ 54,713,987 Regular Operating Expenses ..............................................................................$ 36,624,032 Travel..........................................................................................................................! 353,350 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing..........................................................................................! 11,000 Equipment Purchases................................................................,......................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications ...........................,.....................................................................$ 131,138 Per Diem, Fees and Contracts.............................................................................! 1,040,811 Capital Outlay ......................................................................................................$ 67,443,624 Total Funds Budgeted ......................................................................................$ 160,317,942 State Funds Budgeted.......................................................................................! 158,117,942 Total Positions Budgeted 3,589 3. Authorities Budget: Authority Lease Rentals .....................................................................................$ 24,873,157 State of Georgia General Obligation Debt Sinking Fund.........................................................................| 3,714.593 Total Funds Budgeted ........................................................................................$ 28,587,750 State Funds Budgeted........................................................................................-! 28,587,750 4. Facilities and Equipment Budget: Motor Vehicle Equipment Purchases.................................................................! 1,000,000 Equipment Purchases............................................................................................! 2,200,000 Capital Outlay ...........................................................................................................$ 115,000 Total Funds Budgeted ..........................................................................................$ 3,315,000 State Funds Budgeted...........................................................................................! 3,215,000 5. Assistance to Counties Budget: Grants to Counties.................................................................................................! 9,317,013 Total Funds Budgeted ..........................................................................................$ 9,317,013 State Funds Budgeted...........................................................................................! 9,317,013 6. Administration Budget: Personal Services....................................................................................................! 7,930,518 Regular Operating Expenses ................................................................................$ 2,275,113 Travel..........................................................................................................................! 105,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing........................................................................................! 210,528 Equipment Purchases.......................................................................................................! -0- Computer Charges....................................................................................................! 829,527 Real Estate Rentals..................................................................................................! 925,000 Telecommunications.................................................................................................! 233,700 Per Diem, Fees and Contracts................................................................................! 190,000 Total Funds Budgeted ........................................................................................$ 12,699,386 State Funds Budgeted.........................................................................................! 12,699,386 Total Positions Budgeted 321 Appropriation of State funds in the foregoing Department of Transportation budgets shall be in conformity with and pursuant to Article III, Section X, Paragraph VII, subsec tion (b) of the State Constitution, and shall be in an amount at least equal to all money 2652 JOURNAL OF THE HOUSE, derived from motor fuel taxes received by the Fiscal Division of the Department of Administrative Services in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Administrative Services in the imme diately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein. Provided, however, that objects for Activities financed by Motor Fuel Tax including Planning and Construction, Maintenance and Betterments, Authority Lease Rentals, Gen eral Obligation Debt Sinking Fund Payments, Administration, and Grants to Counties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget. For general administrative cost of operating the Department of Transportation, includ ing equipment and compensation claims. For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto provided all expenditures for county contracts shall be in accordance with and on the basis of average prices authorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the Department of Transportation may add, delete and substitute Fed eral aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary autho rization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services and constitutionally appropriated to the Department of Transportation. For lease rental obligations of the Department of Transportation to the Georgia High way Authority and the Georgia Building Authority in accordance with lease rental con tracts now in existence and for appropriations to the 'State of Georgia General Obligation Debt Sinking Fund' for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transportation. For grants to counties for aid in county road construction and maintenance to be dis tributed and disbursed to various counties of the State by the Fiscal Division of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mile age in the State, as such mileage information is furnished by the Department of Transpor tation. Provided, further, that a member of the governing authority of the county, designated by such authority, shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the fiscal year for which such audit is made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of Code Section 91A-7003 (Code Section 48-14-3) against the amount of funds expended by each county in such year for the purposes authorized by said Sec tion. Provided further, it is the intent of this General Assembly that the Department of Transportation is authorized to use interstate rehabilitation funds for four-laning and passing lanes. Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below: Planning and Construction Geodetic Control .......................................................................................................$ 305,473 MONDAY, MARCH 22, 1982 2653 Capital Outlay - Paving State and Local Schools and State Institutions ..................................................................................................$ 750,000 Paving State Parks and Historic Sites .........................................................................................................$ 500,000 Capital Outlay - Paving Farmers Markets .....................................................................................................$ 35,000 Eugene Talmadge Memorial Bridge Study ..........................................................................................................$ 200,000 Capital Outlay - Railroad Grade Separation ....................................................................................................$ 35,000 Maintenance and Betterments Capital Outlay Rehabilitation and Improvements - Off System ...........................................................................$ 10,000,000 This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropriations of an amount equivalent to motor fuel tax revenue required under Article III, Section X, Paragraph VII, subsection (b) of the State Constitution. 7. Assistance to Municipalities Budget: Grants to Municipalities .......................................................................................$ 9.317,000 Total Funds Budgeted ..........................................................................................$ 9,317,000 State Funds Budgeted...........................................................................................$ 9,317,000 For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended (Code Sections 36-40-41 through 36-40-45). Provided, further, that a member of the governing authority of the municipality, desig nated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year. Provided, further, that the above sums shall be distributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter. 8. Air Transportation Budget: Personal Services..................................................................,....................................$ 505,000 Regular Operating Expenses ...................................................................................$ 456,100 Travel............................................................................................................................$ 11,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing...............................................................................................$ 200 Equipment Purchases...................................................................................................$ 6,000 Computer Charges.............................................................................................................$ -0- Real Estate Rentals .............................................................................................................$ 1 Telecommunications .....................................................................................................$ 4,610 Per Diem, Fees and Contracts .......................................................................................$ 500 Capital Outlay...........................................................................................................$ 125^000 Total Funds Budgeted ..........................................................................................$ 1,108,411 State Funds Budgeted..............................................................................................! 710,497 Total Positions Budgeted 17 2654 JOURNAL OF THE HOUSE, 9. Inter-Modal Transfer Facilities Budget: Personal Services.......................................................................................................! 639,000 Regular Operating Expenses .....................................................................................$ 53,070 Travel............................................................................................................................$ 22,100 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 26,000 Equipment Purchases......................................................................................................! 600 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 19,140 Per Diem, Fees and Contracts................................................................................! 464,500 Capital Outlay - Airport Development..........................................................................................................! 700,000 Capital Outlay - Airport Operational Improvements...............................................................................! 1,000,000 Capital Outlay - Airport Approach Aid.........................................................................................................! 270,000 Mass Transit Grants.................................................................................................! 705,340 Total Funds Budgeted ..........................................................................................$ 3,899,750 State Funds Budgeted...........................................................................................! 3,649,906 Total Positions Budgeted 24 10. Harbor Maintenance Budget: Harbor Maintenance Payments..............................................................................! 454,000 Capital Outlay - Land Acquisition.................................................................................! -0Total Funds Budgeted.............................................................................................! 454,000 State Funds Budgeted..............................................................................................! 454,000 Budget Unit Object Classes: Personal Services................................................................................................! 135,733,913 Regular Operating Expenses ..............................................................................$ 43,632,602 Travel.......................................................................................................................! 1,551,450 Motor Vehicle Equipment Purchases.............................................................................................................! 1,000,000 Publications and Printing........................................................................................! 507,728 Equipment Purchases............................................................................................! 2,255,950 Computer Charges....................................................................................................! 829,527 Real Estate Rentals ..................................................................................................$ 959,416 Telecommunications..............................................................................................! 1,374,408 Per Diem, Fees and Contracts.............................................................................! 7,795,811 Capital Outlay....................................................................................................! 418,810,726 Mass Transit Grants.................................................................................................! 705,340 Grants to Municipalities.......................................................................................! 9,317,000 Harbor Maintenance Payments..............................................................................! 454,000 Grants to Counties.................................................................................................! 9,317,013 Authority Lease Rentals .....................................................................................$ 24,873,157 Capital Outlay - Airport Development..........................................................................................................! 700,000 State of Georgia General Obligation Debt Sinking Fund.....................................................................................................................! 3,714,593 Capital Outlay - Airport Operational Improvements...............................................................................! 1,000,000 Capital Outlay - Airport Approach Aid........................................................................................................-! 270,000 Capital Outlay - Land Acquisition......................................................................................................................! -0- MONDAY, MARCH 22, 1982 2655 Eugene Talmadge Memorial Bridge Study..........................................................................................................$ 200,000 Total Positions Budgeted 7,000 Authorized Motor Vehicles 4,800 For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air transportation ser vices, and for contractual expense for harbor maintenance. Provided, that the Department of Transportation is authorized to retain such portion of its Air Transportation service income as is required to maintain and upgrade the quality of its equipment. Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance up to but not exceeding one-half (V4) of the Non-federal share when matching both Federal and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. Provided, further, that the Department of Transportation is authorized to utilize State Airport Development Funds at 100% of the total cost of an individual airport project for airports owned by the State of Georgia. Provided, that $454,000 of the above allocation for harbor maintenance payments is des ignated and committed for payment for harbor maintenance and improvements at Savannah. Provided, further, that the Department of Transportation is authorized and directed to transfer to Personal Services from other object classes such funds as are required to fund the increased Personal Services costs contemplated in this Act, subject only to approval by the Office of Planning and Budget. Provided that the Department of Transportation is authorized to retain its Bus Rental Income to operate, maintain, and upgrade the department-owned buses. Section 44. Department of Veterans Service. Budget Unit: Department of Veterans Service ........................................................................................................$ 11,378,749 1. Veterans Assistance Budget: Personal Services....................................................................................................! 3,036,400 Regular Operating Expenses .....................................................................................$ 94,605 Travel............................................................................................................................$ 82,200 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 21,000 Equipment Purchases...................................................................................................! 8,000 Computer Charges...........................................................................................................! 100 Real Estate Rentals..................................................................................................! 137,250 Telecommunications......................................................,............................................! 64,250 Per Diem, Fees and Contracts....................................................................................! 6,000 Postage..........................................................................................................................! 30,800 Total Funds Budgeted..........................................................................................! 3,480,605 State Funds Budgeted...........................................................................................! 3,212,692 Total Positions Budgeted 155 Authorized Motor Vehicles 1 2. Veterans Home and Nursing Facility Milledgeville Budget: Capital Outlay ...................................................................................................................$ -0Equipment Purchases.................................................................................................! 50,000 Regular Operating Expenses for Projects...............................................................................................................! 84,380 Operating Expenses/Payments to Central State Hospital ......................................................................................| 7,201,545 Total Funds Budgeted ..........................................................................................$ 7,335,925 State Funds Budgeted.....,.....................................................................................! 5,898,555 2656 JOURNAL OF THE HOUSE, 3. Veterans Nursing Home Augusta Budget: Capital Outlay ...................................................................................................................$ -0Equipment Purchases.................................................................................................$ 11,847 Regular Operating Expenses for Projects.....................................................................................................................! -0- Operating Expense/Payments to Medical College of Georgia...............................................................................! 3,037,375 Total Funds Budgeted ..........................................................................................$ 3,049,222 State Funds Budgeted...........................................................................................! 2,267,502 Budget Unit Object Classes: Personal Services....................................................................................................$ 3,036,400 Regular Operating Expenses .....................................................................................$ 94,605 Travel............................................................................................................................$ 82,200 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 21,000 Equipment Purchases.................................................................................................! 69,847 Computer Charges...........................................................................................................! 100 Real Estate Rentals..................................................................................................! 137,250 Telecommunications....................................................,..............................................! 64,250 Per Diem, Fees and Contracts....................................................................................! 6,000 Capital Outlay...................................................................................................................! -0- Postage..........................................................................................................................$ 30,800 Operating Expense/Payments to Central State Hospital ......................................................................................$ 7,201,545 Operating Expense/Payments to Medical College of Georgia...............................................................................! 3,037,375 Regular Operating Expenses for Projects...............................................................................................................! 84,380 Total Positions Budgeted 155 Authorized Motor Vehicles 1 Section 45. Workers' Compensation Board. Budget Unit: Workers' Compensation Board............................................................................................................! 4,143,311 1. Workers' Compensation Administration Budget: Personal Services....................................................................................................! 2,920,124 Regular Operating Expenses.....................................................................................! 78,106 Travel............................................................................................................................! 40,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 38,000 Equipment Purchases.................................................................................................! 57,850 Computer Charges....................................................................................................! 118,644 Real Estate Rentals..................................................................................................! 365,141 Telecommunications...................................................................................................! 72,270 Per Diem, Fees and Contracts.............,....................................................................! 47,590 Postage..........................................................................................................................! 51,800 Total Funds Budgeted ..........................................................................................$ 3,789,525 State Funds Budgeted...........................................................................................! 3,738,552 Total Positions Budgeted 127 2. Vocational Rehabilitation Budget: Personal Services.......................................................................................................! 311,935 Regular Operating Expenses.......................................................................................! 8,620 Travel............................................................................................................................! 10,900 Motor Vehicle Equipment Purchases............................................................................! -0- MONDAY, MARCH 22, 1982 2657 Publications and Printing............................................................................................$ 2,000 Equipment Purchases...................................................................................................$ 3,305 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ....................................................................................................$ 41,553 Telecommunications .....................................................................................................$ 7,884 Per Diem, Fees and Contracts ..................................................................................$ 15,600 Postage............................................................................................................................$ 6,500 Total Funds Budgeted .............................................................................................$ 408,297 State Funds Budgeted..............................................................................................! 404,759 Total Positions Budgeted 15 Budget Unit Object Classes: Personal Services....................................................................................................! 3,232,059 Regular Operating Expenses .....................................................................................$ 86,726 Travel............................................................................................................................$ 50,900 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 40,000 Equipment Purchases.................................................................................................! 61,155 Computer Charges....................................................................................................! 118,644 Real Estate Rentals..................................................................................................! 406,694 Telecommunications...................................................................................................! 80,154 Per Diem, Fees and Contracts..................................................................................! 63,190 Postage..........................................................................................................................! 58,300 Total Positions Budgeted 142 Authorized Motor Vehicles 1 Section 46. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued)...............................................................................! 60,200,000 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) ..................................................................................$ 40,044,547 Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Funds, !3,645,000 is specifically appropriated for the purpose of financing a new construction program which consists of the acquisition of land (if needed) and the construction and equipping of buildings and facilities at various institutions under the control of the State Board of Regents at the University System through the issuance of not more than !13,500,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, !24,273,547 is specifically appropriated for the purpose of financing a school construction program throughout the State of Georgia, which will con sist of the construction and equipping of school buildings and facilities, including voca tional education comprehensive high schools, through the issuance of not more than !89,960,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, !8,076,000 is specifically appropriated for the purpose of financing the expansion of facilities under the control of the Georgia Ports Authority through the issuance of not more than !53,840,000 in principal amount of General Obliga tion Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, !4,050,000 is specifically appropriated for the purpose of financing renovations and improvements of various physical plant facilities of the State Board of Regents of the University System, construction and equipping of vocational schools and libraries, improvement of hospital facilities, construction and equipping of 2658 JOURNAL OF THE HOUSE, facilities of the Department of Offender Rehabilitation, and improvements of recreational facilities at Jekyll Island, through the issuance of not more than $15,000,000 in Principal amount of General Obligation Debt. Section 47. Energy Conservation. Budget Unit: Energy Conservation Program........................................................................................................; 1,786,639 Total Funds Budgeted ..........................................................................................$ 6,073,278 State Funds Budgeted...........................................................................................$ 1,786,639 Section 48. In addition to all other appropriations for the State fiscal year ending June 30, 1983 there is hereby appropriated $2,484,403 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $5,634,000 for the purpose of providing operating funds for the State physical health laboratories ($175,000 - Budget Unit "A") and for State mental health/mental retardation institutions ($5,459,000 - Budget Unit "C") in the Department of Human Resources. Provided, further, the Office of Planning and Budget is hereby authorized to transfer funds from this section to the Department's budget on a quarterly basis in an amount equal to that which the Department remits to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 49. In addition to all other appropriations for the State fiscal year ending June 30, 1983, there is hereby appropriated $2,100,000 to be allocated to various state agencies for the purpose of paying unemployment compensation payments to former employees. Provided, further, the Office of Planning and Budget shall designate the amount to be allotted to each agency from this section, and shall maximize the use of available federal matching funds for this purpose. Section 50. There is hereby appropriated $150,000 for the payment of claims autho rized by Compensation Resolutions of the Georgia General Assembly. The Office of Plan ning and Budget is authorized and directed to transfer funds from this appropriation to appropriate budget units for the purpose of making such payments. Section 51. Cost-of-Living Increases. In addition to all other appropriations for the State fiscal year ending June 30, 1983, there is hereby appropriated $94,400,000 for the purposes described herein: 1) An increase of $624 per annum for full-time employees of the executive, judicial and legislative branch of state government, effective July 1, 1982; 2) For a 5% increase on the current salary schedule for teachers, public librarians and other instructional and support personnel, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year of experience and permanent certification, effective the following month, effective September 1, 1982; 3) For school bus drivers, a 5% salary increase, effec tive July 1, 1982; 4) For university system employees, a 4.75% salary increase, to be effec tive September 1, 1982 for academic contracted personnel; 5) A 4.75% salary increase, effective July 1, 1982, for non-academic personnel, and fiscal year contracted personnel of the university system and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Stations with a maximum increase of $1,000 per annum for offi cials and employees of Regents Central Office, and 6) An increase of 4% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia Gen eral Assembly, as authorized in Section 2 of said Act (Code Section 45-7-4), and for secre taries for whom salaries are set by Act 279 (H.B. 360) of the 1977 Regular Session of the Georgia General Assembly (Code Sections 15-6-25 and 15-18-17), effective July 1, 1982. Provided, further, that no funds shall be transferred from this section without prior review and approval by the Legislative Budget Office. MONDAY, MARCH 22, 1982 2659 Section 52. There is hereby appropriated $13,872,760 for the payment of the State cost of a 2% increase in the employer contribution rate in the Employees Retirement System, to be effective July 1, 1982. The Office of Planning and Budget is authorized and directed to transfer funds from this Section to appropriate budget units for the purpose of making such payments. Section 53. It is the intent of this General Assembly that to the greatest extent feasi ble, the Georgia Building Authority (Hospital) and Georgia Building Authority (Penal) uti lize existing surplus funds for payments to bond trustees for unmatured issues to eliminate the necessity of debt-service appropriations in State Fiscal Year 1983 and thereafter. Section 54. It is the intent of this General Assembly that each and every agency, board, commission and authority receiving appropriations in this Act shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use such vehicles except for official State business. Provided, further, it is the intent of this General Assembly that each State agency utiliz ing xerographic reproducing equipment maintain a log for each unit of equipment indicat ing the date, number of copies and such other data determined appropriate to conserve the utilization of such equipment. It is the further intent of this General Assembly that each State agency implement procedures to control usage of long-distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor. Section 55. It is the intent of this General Assembly that to the extent to which Fed eral funds become available in amounts in excess of those contemplated in this Appropria tions Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. Section 56. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity contained in this Appropriations Act. Section 57. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 58. No State appropriations authorized under this Act shall be used to con tinue programs currently funded by 100% Federal funds. Section 59. Provided further that no State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facil ities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly. 2660 JOURNAL OF THE HOUSE, Section 60. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institu tion of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act, and for each and every fiscal year thereafter, until all pay ments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropria tions. The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds. Section 61. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommen dations contained in the Budget Report submitted to the General Assembly at the 1982 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs, and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not cur rently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond fiscal year 1982, and provided, further, that no funds what soever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amend ments properly approved by the Director of the Budget. In those cases in which the afore said Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers. To the extent that Activity budget totals are in excess of Activity fund availabilities as a result of austerity reductions applied in this appropriations act, it is the intent of this General Assembly that the budget reductions to eliminate such excesses be applied only to common object classes. Section 62. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Budget Report for F.Y. 1983 submitted to the General Assembly at the 1982 regular Section 63. It is the intent of the General Assembly that for the purposes of this Act, (1) Authorized motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and any other such vehicles for street and highway use, and MONDAY, MARCH 22, 1982 2661 (2) The number of authorized motor vehicles indicated for each budget unit shall include leased vehicles and State-owned vehicles, and (3) The Departments are not authorized to accept vehicles from surplus property to increase the number authorized in this Act unless specifically approved by this General Assembly. Section 64. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the forego ing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State. Section 65. TOTAL APPROPRIATIONS State F.Y. 1983................................................. ..$ 3,732,000,000. Section 66. Parenthetical references to Code sections following other statutory refer ences refer to the Official Code of Georgia Annotated which will become effective Novem ber 1, 1982; and no substantive change is intended by the provision of such references. Section 67. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 68. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Vaughn of the 57th moved that the House adopt the report of the Committee of Conference on HB 1236. 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 Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Branch YBray N Brooks YBuck Burruss N Burton YByrd Caaon Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Couch YCox Y Crawford Y Crosby Cul pepper N Cummings Y Darden Y Daugherty Y Davis,B N DavisJ Y Davis.L YDean YDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans N Felton N Fortune Y Foster N Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Y Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill 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 Y Karrh YKemp Y Kilgore Y Lambert N Lane.D Y Lane.R Y Lawson YLee Y Logan YLong YLord N Lowe Y Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford N Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips.L.L Phillips,R-T Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Y Randall Y Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell N Savage Y Scott,A Y Scott.D N Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Steinberg Y Swann Y Thomas Y Thompson N Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker N Wall Y Ware Y Watson Y White N Widener Y Williams.B.J N Williams.H Williams.R Y Wilson Y Wood,J Wood,J.T Y Workman Speaker Murphy 2662 JOURNAL OF THE HOUSE, On the motion, the ayes were 144, nays 16 The motion prevailed. Representative Shepard of the 67th requested that the following statement appear in the Journal: "Under Rule 198, I wish my no vote on HB 1236 to be noted with the following expla nation: I voted no because of my fundamental disagreement on priority. To appropriate nearly $90 million for capital outlay and to not be able to fund an adequate pay increase for teachers and state employees, represents a lack of commitment to education in Georgia. I further believe that there should have been greater emphasis on human services and less on building programs." Is/ J. Neal Shepard, Jr. 67th House District Representatives Beal of the 28th, Pinkston of the 100th, and Steinberg of the 46th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto: HR 510. By: Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 21st and Lee of the 72nd: A RESOLUTION to amend Resolution Act No. 1 (House Resolution No. 4), adopted at the 1981 Extraordinary Session of the General Assembly, which resolution proposes a new Constitution for the State of Geor gia to be presented to the people for ratification or rejection at the general elec tion in 1982, so as to make a technical change regarding the pardon or parole of persons convicted of armed robbery and delete certain references to earned time; and for other purposes. The following Senate amendment was read: Amend HR 510 by adding in the title on line 14 of page 1, immediately preceding the word "and", the following: "to change the provisions relating to the County Court of Baldwin County and the County Court of Putnam County;". By adding immediately below line 27 of page 3 a new Section 2 to read as follows: "Section 2. Said resolution is further amended by striking from Section 1 thereof subparagraph (6) of Article VI, Section X, Paragraph I, which reads as follows: '(6) Justice of the peace courts, small claims courts, and magistrate courts operat ing on the effective date of this article, the County Court of Echols County, the County Court of Baldwin County, and the County Court of Putnam County shall become and be classified as magistrate courts.', and inserting in lieu thereof a new subparagraph (6) to read as follows: '(6) Justice of the peace courts, small claims courts, and magistrate courts operat ing on the effective date of this article and the County Court of Echols County shall become and be classified as magistrate courts. The County Court of Baldwin County MONDAY, MARCH 22, 1982 2663 and the County Court of Putnam County shall become and be classified as state courts, with the same jurisdiction and powers as other state courts.'" Representative Connell of the 87th moved that the House disagree to the Senate amendment to HR 510. The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto: SB 506. By: Senator Land of the 16th: A BILL to amend Code Section 40-5-63 of the Offi cial Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to change the period of suspension in cases where a person in violation of Code Section 40-5-55 is the operator of a motor vehicle which is involved in an accident in which any person is killed; and for other purposes. Representative McDonald of the 12th moved that the House insist on its position in amending SB 506. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto: HB 1261. By: Representatives Parham of the 109th and Baugh of the 108th: A BILL to amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, so as to continue the State Board of Pharmacy and the laws relating thereto but to pro vide for the later termination of the board and the laws relating thereto; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. The following Senate substitute was read: A BILL To amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, as amended, so as to change the provisions relating to the membership of the Georgia State Board of Pharmacy; to continue the State Board of Pharmacy and the laws relating thereto but to provide for the later termination of the board and the laws relating thereto; to amend Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, so as to provide for the same change described above as well as to provide for nomination, appointment, and approval of the director and agents of the Georgia Drugs and Narcotics Agency; to change certain reporting requirements; to remove certain citizenship require ments for pharmacist and pharmacy licensure; to change certain requirements for phar macy interns; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Title 79A, relating to pharmacists, pharmacy, and drugs, as amended, is amended by striking Code Section 79A-202 in its entirety and substituting in lieu thereof a new Code Section 79A-202 to read as follows: 2664 JOURNAL OF THE HOUSE, "79A-202. The Effective July 1, 1982. the Georgia State Board of Pharmacy shall con sist ef five {} be expanded from six to eight members possessing the qualifications fcereHMtftef specified who and shall consist of seven members who meet the qualifications of Code Section 79A-203 and one member who shall meet the qualifications of Code Sec tion 79A-202.1. Members in office on July lj 1982, shall serve out their terms of office and until their successors are appointed and qualified. Members of the Board shall be appointed by the Governor for a term of five years or until their successors are appointed and qualified. At the annual meeting of the Georgia Pharmaceutical Associa tion th'ere shall be nominated by such licensed pharmacists as may be present three practicing registered pharmacists who shall meet the qualifications imposed by this Chapter to fill the next vacancy occurring on the Board by reason of expiration of term. At the annual meeting of the Georgia Pharmaceutical Association in 1982, the licensed pharmacists present shall also nominate three practicing registered pharmacists who meet the qualifications imposed by this Chapter to fill one of the additional positions on the Board. The secretary of said association shall regularly submit to the Governor the names of the three pharmacists so nominated and the Governor may make the appointment to fill such vacancy from the names so submitted. Should any vacancy occur upon the State Board of Pharmacy other than by reason of expiration of term, such vacancy may be filled by appointment by the Governor for the remainder of the unexpired term from a group of three practicing registered pharmacists nominated as aforesaid at any regular or special meeting of the Georgia Pharmaceutical Association." Section 2. Said Code Title is further amended by striking Code Section 79A-202.1 in its entirety and substituting in lieu thereof a new Code Section 79A-202.1 to read as follows: "79A-202.1. Effective July 1, 1982, the Board shall consist of seven members. In addi tion to the members of the Board who are pharmacists, the Board shall consist of a member, appointed by the Governor, who shall not have any connection whatsoever with the pharmaceutical industry. Such additional member may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of pharmacists for licensing in this State. Vacancies occurring in the mem bership of the Board occupied by a consumer shall be filled by the Governor for the unexpired term of office. Except for appointments to fill vacancies, the term of office of all members of the Board shall be for five years." Section 3. Said Code Title is further amended by adding immediately following Code Section 79A-202.1 a new Code Section 79A-202.2 to read as follows: "79A-202.2. Board continuation and termination. Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the State Board of Pharmacy and the laws relating thereto are hereby continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termina tion period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board." Part 2 Section 4. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by striking Code Section 26-4-31 in its entirety and substituting in lieu thereof a new Code Section 26-4-31 to read as follows: MONDAY, MARCH 22, 1982 2665 "26-4-31. (a) The board shall consist of seven members possessing the qualifications specified in subsection {e} of this Code section and Code Section 26-4-32 and one addi tional member possessing the qualifications specified in subsection (c) of this Code sec tion who shall be appointed by the Governor for a term of five years or until their successors are appointed and qualified. (b) At the annual meeting of the Georgia Pharmaceutical Association there shall be nominated by such licensed pharmacists as may be present three practicing registered pharmacists who shall meet the qualifications imposed by this part to fill the next vacancy occurring on the board by reason of expiration of term. At the annual meeting of the Georgia Pharmaceutical Association in 1982, the licensed pharmacists present shall also nominate three practicing registered pharmacists who meet the qualifications imposed by this chapter to fill one of the additional positions on the board. The secre tary of said association shall regularly submit to the Governor the names of the three pharmacists so nominated and the Governor may make the appointment to fill such vacancy from the names so submitted. Should any vacancy occur upon the board other than by reason of expiration of term, such vacancy may be filled by appointment by the Governor for the remainder of the unexpired term from a group of three practicing reg istered pharmacists nominated as aforesaid at any regular or special meeting of the Georgia Pharmaceutical Association. (c) The sixth seventh member of the board shall be appointed by the Governor and shall not have any connection whatsoever with the pharmaceutical industry. Such mem ber shall vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of pharmacists for licensing in this state. Vacancies occurring in the membership of the board 'occupied by a consumer' shall be filled by the Governor for the unexpired term of office." Section 5. Said title is further amended by striking Code Section 26-4-41 and insert ing in its place a new Code Section 26-4-41 to read as follows: "26-4-41. For the purposes of Chapter 2 of Title 43, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Pharmacy shall be terminated on July 1, 4982 1988, and this part and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8." Section 6. Said title is further amended by striking Code Section 26-4-50 and insert ing in its place a new Code Section 26-4-50 to read as follows: "26-4-50. The joint-secretary is authorized te appoint a director ef- the Georgia Drugs and Narcotics Agency. The Georgia State Board of Pharmacy shall nominate a director of the Georgia Drugs and Narcotics Agency and such agents therefor as determined nec essary by the board. The Secretary of State shall appoint a director and agents from such nominations. It shall be the duty of the director to visit and inspect factories, ware houses, wholesaling establishments, retailing establishments, chemical laboratories, and such other establishments in which drugs, devices, cosmetics, and such articles known as family remedies, grocer's drugs, and toilet articles are manufactured, processed, pack aged, sold at wholesale, sold at retail, or otherwise held for introduction into commerce; to enter and inspect any vehicle used to transport or hold any drugs, devices, cosmetics, or any of the articles enumerated in this Code section; and to perform such other duties as may be directed by the board. He shall report to the board^ the joint 'secretary, or the Department ef Public Safety, as appropriate, any and all violations of any of the drug laws of this state. The director shall have authority to take : up samples of the arti cles enumerated in this Code section from any of the said establishments for examina tion and analysis by the state chemist under his direction and supervision, or for examination under the direction and supervision of the board for the purpose of exami nation as provided by Code Section 26-4-54. The director shall be charged with the supervision and control of the Georgia Drugs and Narcotics Agency." Section 7. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 26-4-72 and redesignating paragraphs (2) through (6) as paragraphs (1) 2666 JOURNAL OF THE HOUSE, through (5), respectively, so that when so amended said subsection (a) shall read as fol lows: "(a) No person shall be entitled to receive a license as a pharmacist unless he shall possess the following qualifications: {$)--Be a natural bern naturalized citizen ef the United States; {3} (1) Be at least the legal age of majority; <3) ([2} Be a graduate of a generally recognized school or college of pharmacy, as the same may be defined by the board; f4) (3) Have such practical experience as may be prescribed by the board, pro vided, however, that any person who shall have been a student in a generally recog nized school or college of pharmacy prior to July 1, 1967, shall be required to have only such practical experience as may have been required by law or the board prior to that date; {6} (4) Has successfully passed an examination administered by the board; and {6) (5) Be a person of good moral character." Section 8. Said title is further amended by striking Code Section 26-4-77 and insert ing in its place a new Code Section 26-4-77 to read as follows: "26-4-77. Any student in, or who has been accepted for admission to, any generally recognized school or college of pharmacy^ and who has completed the prepharmacy requirements, may register with the board and; if- he shttti have completed the academic WOPA FCQUIPCQ i&y sueA sciiooi or colleget witu UIG cxccption 01 me ifl8t UIFGG ycflps fn academic werfc; may be licensed as a pharmacy intern. Licenses issued under this Code section shall bear the date thereof and shall be valid for up to two years. Licenses which shall expire by lapse of time may be renewed upon application, unless at the time of expiration there shall be pending before the board proceedings to suspend or revoke such license. A pharmacy intern may compound, mix, or dispense drugs and medicines or poisons only under the immediate supervision of a pharmacist." Section 9. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 26-4-101 and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, so that when so amended said subsection (a) shall read as follows: "(a) No person shall be entitled to receive a pharmacy license unless he shall possess the following qualifications: 4i)--Be a ette ef the United States? {2} (1) Be of good moral character; and {3> (2) Have never been convicted of any felony or of any other crime of the United States, this state, or of any other state pertaining to the manufacturing, distri bution, sales, or dispensing of drugs or narcotics, or have never been found to have violated any rule or regulation of the board. No person shall have their license revoked, if a hearing officer does not give a report of recommendation within 60 days of a revocation hearing." Parts Section 10. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 11. All laws and parts of laws in conflict with this Act are repealed. Representative Parham of the 109th moved that the House disagree to the Senate substitute to HB 1261. The motion prevailed. MONDAY, MARCH 22, 1982 2667 The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 153. By: Representatives Moore of the 152nd, Triplett of the 128th, Jackson of the 77th, Wall of the 61st, Tuten of the 153rd, and others: A BILL to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees, so as to change the provisions relative to the defi nition of a public school employee; and for other purposes. Representative Moore of the 152nd moved that the House insist on its position in dis agreeing to the Senate substitute to HB 153 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Harris of the 8th, Collins of the 144th, and Moore of the 152nd. The following Bill of the House was taken up for the purpose of considering the Sen ate amendments thereto: HB 1525. By: Representatives Rainey of the 135th and Peters of the 2nd: A BILL to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to eliminate the requirement that superior court clerks report to the Department of Natural Resources the disposition of game and fish prosecutions; and for other purposes. The following Senate amendments were read: Senate Amendment No. 1 Amend HB 1525 by adding after the semicolon on line 10 of page 1 the following: "to provide that honorary fishing licenses may be issued without charge to residents of the State of Florida who have attained the age of 65 years to the extent that recipro cal provisions exist under Florida law;". By adding between Sections 5 and 6 a new Section 5.1 to read as follows: "Section 5.1. Said Chapter 2 of Title 27 is further amended by redesignating subsec tion (d) of Code Section 27-2-4, relating to honorary hunting and fishing licenses as sub section (e) and inserting a new subsection (d) of Code Section 27-2-4 to read as follows: '(d) Any resident of the State of Florida who has attained the age of 65 years may apply for and receive from the department a lifetime honorary fishing license which shall entitle such person to fish in this state without the payment of any fee whatso ever. This subsection shall be effective only for such period of time as there exists under Florida law a reciprocal provision which extends similar privileges to residents of the State of Georgia who have attained the age of 65 years.'" Senate Amendment No. 2 Amend HB 1525 by striking on Page 4, line 24 the numbers "$10.25" and inserting in lieu thereof the numbers "$15.00." 2668 JOURNAL OF THE HOUSE, Senate Amendment No. 3 Amend HB 1525 by adding a new Section to read as follows: "Provided no steel jaw leg trap shall be set within an occupied dwelling without the owner's permission." Representative Rainey of the 135th moved that the House disagree to the Senate amendments to HB 1525. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1252. By: Representative Watson of the 114th: A BILL to amend Code Chapter 5A-25, relating to state license requirements and regulations for manufacture, distribu tion, and package sales business; to amend the Official Code of Georgia Anno tated accordingly; and for other purposes. Representative Watson of the 114th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1252 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Watson of the 114th, Dixon of the 151st, and Davis of the 99th. The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto: HB 1349. By: Representatives Coleman of the 118th, Pinkston of the 100th, Hanner of the 130th, Ramsey of the 3rd, Phillips of the 59th, and Jackson of the 77th: A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the definition of the term "counterfeit substance"; to make it unlawful to manufacture, deliver, dis tribute, dispense, or sell a noncontrolled substance upon the express or implied representation that the substance is a narcotic or nonnarcotic controlled sub stance; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the definition of the term "counterfeit sub stance"; to define the term "noncontrolled substance"; to provide for the definition of additional terms; to make it unlawful to manufacture, deliver, distribute, dispense, or sell a noncontrolled substance upon the express or implied representation that the substance is a narcotic or nonnarcotic controlled substance or upon the express or implied represen tation that the substance is of such nature or appearance that the recipient of said deliv ery will be able to distribute said substance as a controlled substance or that the substance MONDAY, MARCH 22, 1982 2669 will have the same pharmacological action or effect as a controlled substance; to make it unlawful to advertise certain noncontrolled substances under certain circumstances; to pro vide for prima-facie evidence of the implied representation; to provide that a certain belief on the part of the accused is no defense; to provide for exemptions; to provide for penal ties; to provide for forfeiture of certain property; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by striking in its entirety paragraph (6) of Code Sec tion 16-13-21 and inserting in lieu thereof a new paragraph (6) to read as follows: "(6) 'Counterfeit substance' means: (A) A a controlled substance or noncontrolled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufac turer, distributor, or dispenser other than the person who in fact manufactured, dis tributed, or dispensed the controlled substance or noncontrolled substance; e* a (B) A controlled substance or noncontrolled substance, which is held out to be a controlled substance or marijuana, whether in a container or not which does not bear a label which accurately or truthfully identifies the controlled substance or noncontrolled substance contained therein; or any (C) Any substancej whether in a container or not, which bears a label falsely iden tifying the contents as a controlled substance." Section 2. Said chapter is further amended by adding after paragraph (28) of Code Section 16-13-21 a new paragraph (29) to read as follows: "(29) 'Noncontrolled substance' means any drug or other substance other than a con trolled substance as defined by paragraph (4) of this Code section." Section 3. Said chapter is further amended by adding between Code Sections 16-13-30 and 16-13-31 a new Code section, to be designated Code Section 16-13-30.1, to read as follows: "16-13-30.1. (a) (1) It is unlawful for any person knowingly to manufacture, deliver, distribute, dispense, possess with the intent to distribute, or sell a noncontrolled substance upon either: (A) The express or implied representation that the substance is a narcotic or nonnarcotic controlled substance; (B) The express or implied representation that the substance is of such nature or appearance that the recipient of said delivery will be able to distribute said sub stance as a controlled substance; or (C) The express or implied representation that the substance has essentially the same pharmacological action or effect as a controlled substance. (2) The definitions of the terms 'deliver,' 'delivery,' 'distribute,' 'dispense,' and 'manufacture' provided in Code Section 16-13-21 shall not be applicable to this Code section; but such terms as used in this Code section shall have the meanings ascribed to them in the ordinary course of business. (b) Unless within the body of the advertisement or notice that the substances that are advertised or about which information is disseminated are not available for distribu tion of any sort in Georgia, it shall be unlawful for any person to sell, rent, lease, give, exchange, distribute, or possess with intent to distribute any advertisement or notice of any kind which gives information, directly or indirectly, on where, how, from whom, or by what means any noncontrolled substance may be obtained, which advertisement or notice contains an express or implied representation that said substance is a controlled substance or that the recipient of said substance will be able to use or distribute said substance as a/controlled substance. (c) An implied representation may be shown by proof of any two of the following: 2670 JOURNAL OF THE HOUSE, (1) The manufacture, delivery, distribution, dispensing, or sale included an exchange or a demand for money or other valuable property as consideration for deliv ery of the substance and the amount of such consideration was substantially in excess of the reasonable value of the noncontrolled substance; (2) The physical appearance of the finished product containing the substance is substantially identical to a specific controlled substance; (3) The finished product bears an imprint, identifying mark, number, or device which is substantially identical to the trademark, identifying mark, imprint, number, or device of a manufacturer licensed by the Food and Drug Administration of the United States Department of Health and Human Services; or (4) National or local advertising or promotional materials concerning the noncontrolled substance contain an express or implied representation that the sub stance is a controlled substance or has essentially the same pharmacological action as a controlled substance or that the substance is of such a nature or appearance that the recipient of said noncontrolled substance will be able to distribute said substance as a controlled substance. (e) In any prosecution for unlawful manufacture, delivery, distribution, possession with intent to distribute, dispensing, or sale of a noncontrolled substance, it is no defense that the accused believed the noncontrolled substance to be actually a controlled substance. (f) The provisions of this Code section shall not prohibit a duly licensed business establishment, acting in the usual course of business, from selling or for a practitioner, acting in the usual course of his professional practice, from dispensing a drug prepara tion manufactured for over-the-counter sale which does not bear a label stating 'Federal law prohibits dispensing without a prescription' or similar language meaning that the drug preparation requires a prescription. (g) The unlawful manufacture, delivery, distribution, dispensing, possession with the intention to distribute, or sale of a noncontrolled substance in violation of this Code sec tion is a felony and, upon conviction thereof, such person shall be punished by imprison ment for not less than one year nor more than ten years or by a fine not to exceed $25,000.00, or both. (h) Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be imprisoned for not more than 12 months or fined not more than $5,000.00, or both. (i) All property which would be subject to forfeiture under the provisions of subsec tion (a) of Code Section 16-13-49 for a violation of this article which is used, or intended for use, to facilitate, or is derived from, a violation of this Code section and any noncontrolled substance which is manufactured, distributed, dispensed, possessed with the intent to distribute, or sold in violation of this Code section are declared to be con traband and there shall be no property interest therein. Any property or noncontrolled substance which is subject to the provisions of this subsection shall be forfeited in accordance with the procedures of Code Section 16-13-49." Section 4. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 5. This Act shall become effective November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Representative Coleman of the 118th moved that the House disagree to the Senate substitute to HB 1349. MONDAY, MARCH 22, 1982 2671 The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same: HB 1285. By: Representative Ramsey of the 3rd: A BILL to amend Code Section 24A-3503, relating to children's fingerprints and photographs, so as to provide that fingerprints of a child 13 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the com mission of certain crimes; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Representative Ramsey of the 3rd moved that the House insist on its position in dis agreeing to the Senate amendment to HB 1285 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Colbert of the 23rd, Rose of the 93rd, and Ramsey of the 3rd. The Speaker announced the House in recess until 1:30 o'clock, this afternoon. 2672 JOURNAL OF THE HOUSE, AFTERNOON SESSION The Speaker called the House to order. Representative Harris of the 8th District, Chairman of the Committee on Appropria tions, submitted the following report: Mr. Speaker: Your Committee on Appropriations has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1144 Do Pass, by Substitute SB 710 Do Pass SB 663 Do Pass HR 704 Do Pass HR 731 Do Pass, as Amended HR 732 HR 666 HR 729 HR 546 Do Pass, as Amended Do Pass Do Pass, as Amended Do Pass Respectfully submitted, Harris of the 8th Chairman The following Resolutions of the House were read and adopted: HR 853. By: Representative Walker of the 115th: A RESOLUTION in memory of Tommie S. Hunt; and for other purposes. HR 854. By: Representative Dixon of the 151st: A RESOLUTION commending the First Baptist Church of Waycross on its one hundredth anniversary; and for other purposes. HR 855. By: Representatives Bishop of the 94th, Galer of the 97th, Phillips of the 91st, Rose of the 93rd, Smyre of the 92nd and Buck of the 95th: A RESOLUTION expressing sympathy at the passing of Matthew Rivers; and for other purposes. HR 856. By: Representative Adams of the 79th: A RESOLUTION commending Mr. Tony Berryhill; and for other purposes. HR 857. By: Representative Adams of the 14th: A RESOLUTION congratulating Mr. Frank Barren on his selection as president of the Georgia Chamber of Com merce; and for other purposes. HR 858. By: Representatives Wood, Jackson and Lawson of the 9th: A RESOLUTION commending Mr. Carol Hudson Eure; and for other purposes. HR 859. By: Representatives Wood, Jackson and Lawson of the 9th: A RESOLUTION commending Mrs. Liz Eure; and for other purposes. HR 860. By: Representatives Home of the 104th, Pinkston of the 100th, Randall of the 101st, Birdsong of the 103rd, Davis of the 99th and Lucas of the 102nd: A RES OLUTION in memory of Rudolf Wagner Jones; and for other purposes. MONDAY, MARCH 22, 1982 2673 HR 861. By: Representatives Childers of the 15th, Montgomery of the 16th and Adams of the 14th: A RESOLUTION commending Mrs. Margaret Lucindy Avaline "Grandma" Wright on the occurrence of her one hundred fourth birthday; and for other purposes. HR 862. By: Representative Bray of the 70th: A RESOLUTION commending and congratulating the Central of Talbotton High School boys' basketball team; and for other purposes. HR 863. By: Representatives Bishop of the 94th, Galer of the 97th, Phillips of the 91st, Buck of the 95th and Smyre of the 92nd: A RESOLUTION commending the Honorable Aaron Cohn; and for other purposes. HR 864. By: Representative Chance of the 129th: A RESOLUTION in memory of John Daniel Hales; and for other purposes. HR 865. By: Representative Mangum of the 56th: A RESOLUTION commending Mrs. Katherine Switzer Bolt; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Resolutions of the House and Senate were taken up for consideration and read the third time: HR 729. By: Representative Mangum of the 56th: A RESOLUTION compensating Dawn M. Walton; and for other purposes. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 729 on Page 1, Line 24, by removing the amount of $15,560.00 and inserting in lieu thereof the amount of $5,560.00. The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. On the adoption of the Resolution, as amended, the ayes were 96, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. HR 732. By: Representative Elliott of the 49th: A RESOLUTION compensating Mr. Guy E. Skinner; and for other purposes. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 732 on Page 1, Line 17, by removing the amount of $2,000.00 and inserting in lieu thereof the amount of $1,675.00. The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. On the adoption of the Resolution, as amended, the ayes were 96, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. 2674 JOURNAL OF THE HOUSE, HR 731. By: Representative Peters of the 2nd: A RESOLUTION compensating Mr. Rich ard B. Carney; and for other purposes. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 731 on Page 1, Line 21, by removing the amount of $2,100.00 and inserting in lieu thereof the amount of $1,701.06. The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. On the adoption of the Resolution, as amended, the ayes were 96, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. HR 666. By: Representatives Aiken of the 21st, Thompson, Darden and Wilson of the 19th: A RESOLUTION compensating Ruby Lee Estes; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 96, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 546. By: Representative Triplett of the 128th: A RESOLUTION compensating Mary D. Reffner; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 96, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 704. By: Representatives Anderson, Hasty and Harris of the 8th: A RESOLUTION compensating Mr. S. E. Hyatt; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 96, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. SR 281. By: Senator Kidd of the 25th: A RESOLUTION authorizing the conveyance of certain state-owned property located in Baldwin County, Georgia; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: MONDAY, MARCH 22, 1982 2675 Y Aaron Y Adams.G Y Adams.J Y Adams.M Y Aiken Y Anderson Argo Y Auten Y Balkcom Bargeron Y Baugh Beal YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Branch YBray Y 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 Y Coleman Y Collins Y Colwell Y Connell Couch Cox Y Crawford Crosby Y Culpepper Y Cummings Darden Daugherty Y Davis,B Y Davis,J Y Davis,L Dean YDent Dixon Dobbs Y Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Y Fuller.C YGaler Ginsberg Glover YGodbee Greer YHam Y Hamilton Y Banner Harris Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Ylrvin Isakson Y Jackson,J Jackson,N Y Jackson.W Jessup Y Johnson,G Y Johnson,R Jones,B Y Jones,H Karrh Kemp Kilgore Y Lambert Y Lane,D Lane.R Y Lawson YLee YLogan Long Lord YLowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum McDonald McKinney Y Miles Milford Y Montgomery Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNi* Oliver Y Padgett YParham Patten Y Perry Y Peters Y Phillips,B Phillips,L.L Phillips,R.T Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Ralston YRamsey Randall Y Reaves Y Richardson Robinson Rose Ross Y Rowland Y Russell Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith,V YSmyre YSnow Y Steinberg Y Swann Thomas Thompson Townsend Y Triplett YTuten YTwiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Walker YWall Y Ware Watson White Y Widener Y Wmiams,B.J Williams.H Williams.R Y Wilson Y WoodJ Y Wood,J.T Workman Speaker Murphy On the adoption of the Resolution, the ayes were 116, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. The following Resolution of the House, favorably reported by the Committee on Rules, was read: HR 728. By: Representatives Chance of the 129th, Adams of the 79th, Ross of the 76th, Buck of the 95th, Walker of the 115th, and others: A RESOLUTION Creating the House Study Committee on Postsecondary Vocational-Technical Educa tion Funding; and for other purposes. WHEREAS, the State of Georgia has experienced increased demands in the area of high technology; and WHEREAS, the need for high technology has required the state to upgrade, purchase, and expand the availability of selected equipment, and the Department of Education and the Office of Planning and Budget are requesting that over $5 million for fiscal year 1983 be provided in this area; and WHEREAS, the House Education Committee has stressed the need for studying the funding and facilities procedures in the vocational-technical area; and WHEREAS, it would be highly advantageous to the members of the House of Repre sentatives to obtain additional information in order that they would be able to act in a more knowledgeable manner in this area and thus better serve the citizens of this state. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the House Study Committee on Postsecondary VocationalTechnical Education Funding. The committee shall be composed of eight members of the 2676 JOURNAL OF THE HOUSE, House to be appointed by the Speaker, four from the House University System of Georgia Committee and four from the House Education Committee. The chairman of each of those committees shall appoint from among the four members from his committee a member who shall serve as co-chairman of the study committee. The committee shall conduct an in-depth study of the vocational-technical field with particular emphasis in the high tech nology area and in the method of funding and providing facilities in this area. The com mittee shall consult with and seek the advice of appropriate educational research bodies and organizations along with persons knowledgeable in this field. The educational bodies and organizations to be consulted shall include, but not be limited to, the American Voca tional Association, the American Association of Junior/Community Colleges, the Office of Planning and Budget, the State Board of Education, the Georgia Vocational Association, the State Board of Regents, the Georgia School Boards Association, representatives of the organizations representing the presidents of junior colleges and directors of area vocational-technical schools, the Georgia Association of Educational Leaders, the Georgia Association of School Superintendents, and such other associations and research agencies and persons as determined by the committee. The committee is authorized to conduct meetings and hearings in such places and at such times as it may deem advisable and to take whatever other actions it deems advisable to perform its duties and accomplish the objectives and purposes of this resolution. The members shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days. The funds necessary to carry out the purposes of this resolution shall come from funds of the legislative branch of government. The Georgia Educational Improvement Council shall act as staff for the committee. The committee shall make a report of its findings and recommendations on or before December 31, 1982, on which date the committee shall stand abolished. On the adoption of the Resolution, 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 Argo Y Auten Y Balkcom Bargeron Y Baugh Beal YBeck Y Benefield Y Benn Y Birdsong Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss Burton YByrd Cason Y Castleberry Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Colwell Y Connell Couch Cox Y Crawford Crosby Y Culpepper Y Cummings Darden Daugherty Y Davis.B Y Davis,J Y Davis.L Dean YDent Dixon Dobbs Dover Y Edwards Elliott Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Y Hamilton Y Manner Harris Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks Home Y Hutchinson Irvin Isakson Y Jackson,J Jackson,N Y Jackson, W Jessup Y Johnson,G Y Johnson,R Jones.B Y Jones.H Karrh Kemp Kilgore Lambert Y Lane.D Lane.R Y Lawson YLee Y Logan Long YLord YLowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews McCollum McDonald McKinney Miles Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson Y Nix Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Phillips.R.T Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Ralston Ramsey Randall Y Reaves Richardson Robinson Rose Ross Y Rowland Y Russell On the adoption of the Resolution, the ayes were 108, nays 0. Savage Y Scott.A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre Y Snow Y Steinberg Y Swann Thomas Thompson Townsend Y Triplet! Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Walker Y Wall Y Ware Watson White Y Widener Y Williams.B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood.J.T Y Workman Speaker Murphy MONDAY, MARCH 22, 1982 2677 The Resolution was adopted. Under the general order of business, established by the Committee on Rules, the fol lowing Resolutions of the Senate were taken up for consideration and read the third time: SR 250. By: Senator Foster of the 50th: A RESOLUTION authorizing the conveyance of certain real property located in Habersham County; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams,J Y Adams,M Y Aiken Y Anderson Argo Y Auten Balkcom Bargeron Baugh Beal YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Branch YBray Y Brooks YBuck Burruss Burton YByrd Cason Y Castleberry Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Couch Cox Y Crawford Crosby Culpepper Y Cummings Darden Daugherty Y Davis.B Y Davis,J Y Davis.L Dean YDent Dixon Dobbs Y Dover Edwards Elliott Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer YHam Y Hamilton Y Hanner Harris Harrison Hasty Hawking Hays Hill Y Holmes Y Hooks Home Y Hutchinson Y Irvin Isakson Y Jackson,J Y Jackson,N Jackson.W Y Jessup Y Johnson,G Y Johnson.R Jones ,B Jones.H Karrh YKemp Kilgore Lambert Lane.D Lane.R Lawson YLee Logan Long Lord YLowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews McCollum McDonald Y McKinney Y Miles Milford Y Montgomery Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Parham Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Phillips,R.T Phillips, W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Randall Y Reaves Y Richardson Robinson Rose Ross Y Rowland Y Russell Savage Y Scott,A Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Thomas Thompson Townsend Y Triplett Tuten Y Twiggs Y Vandiford Vaughn Y Waddle Walker Y Wall Ware Y Watson White Y Widener Williams.BJ Williams.H Williams,R Wilson Y Wood,J Wood,J.T Workman Speaker Murphy On the adoption of the Resolution, the ayes were 98, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. SR 120. By: Senator Hill of the 29th: A RESOLUTION authorizing and empowering the State Properties Commission, acting in the best interests of the State of Geor gia, to convey certain State-owned real property located in the City of Warm Springs, Meriwether County, Georgia; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Authorizing the State of Georgia, acting by and through its Department of Human Resources, to make approximately 70 acres of land in Meriwether County, Georgia, availa ble to Georgia Easter Seal Society, Inc., for the purpose of their constructing and operat ing thereon camping facilities for handicapped citizens of Georgia; to provide an effective date; and for other purposes. 2678 JOURNAL OF THE HOUSE, WHEREAS, the State of Georgia is the owner of approximately 70 acres of land located in Meriwether County, Georgia; and WHEREAS, the Roosevelt Warm Springs Institute for Rehabilitation, which is oper ated by the Department of Human Resources, is located on property which includes the aforesaid approximately 70 acres of land; and WHEREAS, the aforesaid approximately 70 acres of land is appropriate for the joint needs and use of the State of Georgia and its Department of Human Resources in its oper ation of the Roosevelt Warm Springs Institution for Rehabilitation and Georgia Easter Seal Society, Inc.; and WHEREAS, Georgia Easter Seal Society, Inc., a nonprofit organization providing rehabilitation services to handicapped citizens of Georgia, desires to utilize a portion of said land being more particularly described as follows: "All that tract of land, containing approximately 70 acres, situate, lying and being adjacent to the City of Warm Springs in Meriwether County, Georgia, and being more particularly described as follows: Beginning at a point South 62 49' 19" West 75 feet + from iron pin on Southwest side of Pine Road across from Institute house known as Wilson Cottage; then South 62 49' 19" West 888 feet + to iron pin; then South 88 04' 31" West 228.65 feet to iron pin; then South 88 04' 33" West 1847 feet +; then due North 600 feet + ; then North 45 0' East 1400 feet +; then due East 250 feet + to a point on Southwest side of Pine Road; then follow a line 150 feet Southwest of center line of Pine Road 2150 feet + to the point of beginning, containing approximately 70 acres +."; and WHEREAS, Georgia Easter Seal Society, Inc., desires to construct and operate on said approximately 70 acres of land camping facilities for handicapped citizens of Georgia and desires to allow the Department of Human Resources to utilize said facilities, based upon a mutually agreed upon schedule of joint utilization. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia, acting by and through the Department of Human Resources, is hereby authorized and empowered to take appropriate action to make said approximately 70 acres of land available to Georgia Easter Seal Society, Inc., for the purpose of their constructing and operating thereon camping facilities for handi capped citizens of Georgia. There shall be a cooperative agreement signed by representa tives of the Department of Human Resources and the Georgia Easter Seal Society, Inc., which provides the Department of Human Resources sufficient utilization of the camping facility. Section 2. That said appropriate action which the State of Georgia, acting by and through the Department of Human Resources, is hereby authorized and empowered to take shall be under whatever terms and conditions the Department of Human Resources may impose and may take the form of a rental, lease, license, or deed transaction of either all or a portion of the rights, title, and interests which the State of Georgia, acting by and through the Department of Human Resources, has in and to the said approximately 70 acres of land; provided, however, that any and all agreements pertaining to the above described property shall be submitted to the State Properties Commission for approval prior to any execution by the State of Georgia, acting by and through the Department of Human Resources. Section 3. That the State of Georgia, acting by and through the Department of Human Resources, is authorized to revise the above description in order to conform with an accurate plat of survey of all or a portion of the said approximately 70 acres of land if such plat of survey is approved by the Department of Human Resources. MONDAY, MARCH 22, 1982 2679 Section 4. That said appropriate action referenced above in Sections 1 and 2 of this resolution if taken by the State of Georgia, acting by and through the Department of Human Resources and approved by the State Properties Commission, is hereby declared by the General Assembly to be in the best interests of the public and the taxpayers of Georgia. Section 5. That this resolution shall become effective upon its approval by the Gov ernor or upon its becoming law without his approval. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Adams,M Aiken Y Andersen YArgo Y Auten Y Balkcom Bargeron YBaugh Beal YBeck Y Benefield YBenn Birdsong Y Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Couch Cox Y Crawford Crosby Cul pepper Cummings Darden Daugherty Y Davis,B Y Davis,J Y Davis.L Dean YDent Dixon Y Dobbs Y Dover Y Edwards Y Elliott Evans Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover YGodbee Greer YHam Hamilton Y Manner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Y Irvin Isakson Y JacksonJ Y Jackson.N Y Jackson, W Y Jessup Y Johnson.G Y Johnson,R Jones,B Y Jones.H Y Karrh Kemp Kilgore Y Lambert Y Lane.D Lane.R Y Lawson YLee YLogan YLong YLord YLowe Lucas Y Manguro YMann Y Marcus Y Martin Y Matthews Y McCollum McDonald Y McKinney Y Miles Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips,B Phillips,L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Savage Y Scott,A ScottJD Y Shepard Y Sherrod Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg YSwann Thomas Thompson Townsend Y Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Walker Y Wall YWare Y Watson White Y Widener Y Williams,B.J Williams.H Williams.R Y Wilson YWood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, by substitute, the ayes were 129, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. SR 310. By: Senator Coverdell of the 40th: A RESOLUTION to establish the third week of November annually as "Georgia Motor Vehicle Safety Week"; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: 2680 JOURNAL OF THE HOUSE, Y Aaron Adams.G Y Adams,J Y Adams.M Aiken Y Anderson Y Argo Y Auten Y Balkcom Bargeron Y Baugh Beal YBeck Y Benefield YBenn Birdsong Y Bishop Bolster Y Branch Bray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Cheeks Y Childers Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Connell Y Couch Cox Y Crawford Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis.B Y Davis,J Y Davis,L Dean YDent Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Ginsberg Glover Y Godbee Y Greet YHam Y Hamilton Y Manner Y Harris Y Harrison Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Irvin Y Isakson Y Jackson,J Y Jackson.N Jackson.W Jessup Y Johnson.G Y Johnson.R Jones.B Y Jones.H Karrh YKemp Y Kilgore Lambert Lane.D Lane.R Y Lawson YLee Y Logan Long YLord Lowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips,B Phillips.L.L Y Phillips.R.T Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Ralston Y Ramsey Randall Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Sizemore Y Smith.T Smith.V YSmyre YSnow Stein berg Y Swann Thomas Y Thompson Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.B.J Williams.H Williams,R Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 119, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. Representative Jones of the 126th moved that the following Bill of the House be with drawn from the Committee on State Institutions and Property and referred to the Com mittee on State Planning and Community Affairs: HB 944. By: Representative Phillips of the 125th: A BILL to amend an Act imple menting the provisions of Article V, Section VII, Paragraph II of the Constitu tion of Georgia creating the Savannah District Authority, now known as the Savannah Port Authority, so as to further define the terms "project" and "cost of project" in describing the powers and duties of the Savannah Port Authority; and for other purposes. The motion prevailed. Representative Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 764 Do Pass Respectfully submitted, Walker of the 115th Vice-Chairman MONDAY, MARCH 22, 1982 2681 Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1317 Do Pass, by Substitute HB 1343 Do Pass, by Substitute HB 1970 Do Pass, by Substitute HB 944 Do Pass SB 430 Do Pass, by Substitute SR 227 Do Pass, by Substitute Respectfully submitted, Adams of the 36th Chairman The following Resolutions of the House were read and adopted: HR 866. By: Representatives Childs of the 51st, Richardson of the 52nd, Williams of the 54th, Hawkins of the 50th, Workman of the 56th and Robinson of the 58th: A RESOLUTION commending the Honorable Marvin Banks Perry, Jr.; and for other purposes. HR 867. By: Representatives Childs of the 51st, Richardson of the 52nd, Williams of the 54th, Hawkins of the 50th, Buck of the 95th and others: A RESOLUTION in memory of Dr. Phillip Weltner; and for other purposes. HR 868. By: Representatives Lee of the 72nd, Murphy of the 18th, and Walker of the 115th: A RESOLUTION commending Fran Hesser; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 667. By: Senator Reynolds of the 48th: A BILL to amend Code Section 68A-802, relat ing to maximum lawful vehicle speeds, so as to change the maximum lawful vehicle speed in construction or maintenance areas; to provide for modification of maximum lawful vehicle speeds; to amend the Official Code of Georgia Anno tated Section 40-6-181, relating to maximum lawful vehicle speeds, so as to pro vide therein for the same change described; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.J Y Adams.M Y Aiken Y Anderson Argo Y Auten Y Balkcom Bargeron Y Baugh Beal Y Beck Y Benefield Y Benn Birdsong Y Bishop Y Bolster Y Branch Y Bray Brooks Buck Burruss Burton Y Byrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Coleman Collins Y Colwell Connell Y Couch Cox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Y Daugherty Y Davis.B Y Davis.J Y Davis.L Y Dean Y Dent Y Dixon Y Dobbs Y Dover Edwards Elliott Y Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg 2682 JOURNAL OF THE HOUSE, Glover Y Godbee Greer YHam Y Hamilton Hanner Y Harris Harrison Y Hasty Hawkins YHays YHill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin Y Isakson Y Jackson,J Jackson,N Jackson.W Y Jessup Y Johnson.G Y Johnson.R Jones,B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson Lee Y Logan Long YLord Lowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Phillips,B Y Phillips.L.L Phillips.R.T Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson YRose YRoss Rowland Y Russell Savage Y Scott,A Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Swann Thomas Thompson Y Townsend Y Triplett YTuten Y Twiggs Vandiford Vaughn Y Veazey Y Waddle Walker Wall Ware Y Watson White Widener Y Williams.B.J Williams.H Williams.R Wilson Y Wood.J Y Wood,J.T Workman Speaker Murphy On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 642. By: Senators Cobb of the 28th, Deal of the 49th, Bowen of the 13th and others: A BILL to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures with respect to controlled substances, so as to pro vide that money and currency which is forfeited or which is realized from the sale or disposition of forfeited property and paid into the county treasury shall only be expended by the county for law enforcement purposes; and for other purposes. The following amendment was read and adopted: The Committee on Judiciary moves to amend SB 642 by striking from line 21 page 1 the following: "shall expend or use such funds only" and add in its place the following: "may expend or use such funds" by striking from line 6, page 1, the following: "shall only" and substituting in lieu thereof the following: "may" The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y AdamsJ Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom Bargeron Y Baugh Seal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Brooks YBuck Burruss Y Burton YByrd MONDAY, MARCH 22, 1982 2683 YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Y Clark,L Colbert Coleman Y Collins Y Colwell Conneli Couch Cox Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Y Davis,B Davis,J Y Davis.L Dean YDent Y Dixon N Dobbs Y Dover Edwards Y Elliott Y Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson.N Jackson.W Y Jessup Y Johnson,G Y Johnson,R Jones,B Y Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane,D Y Lane.R Y Lawson YLee Y Logan YLong YLord Lowe Lucas Y Mangum Mann Y Marcus Martin Y Matthews Y McCollum McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Moore Y Mostiler Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Peters Phillips.B Y Phillips,L.L Phillips.R.T Y Phitlips.W.R Y Pilewicz Pinkston Y Rainey Ralston Ramsey Randall Y Reaves Y Richardson Robinson YRose YRoss Rowland Y Russell Y Savage Y Scott.A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith,V Y Smyre YSnow Y Steinberg Swann Y Thomas Y Thompson Y Townsend Y Triplett YTuten Y Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Walker Y Wall Y Ware Y Watson White Widener Y Williams.B.J Williams ,H Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, as amended, the ayes were 128, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 685. By: Senator Kidd of the 25th: A BILL to amend Chapter 3 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Municipal Election Code, so as to change the provisions relating to the filing of the certified list of qualified voters with the city clerk; to change the procedures for voting by absentee ballot; and for other purposes. The following Committee substitute was read: A BILL To amend Chapter 3 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Municipal Election Code, so as to change the provisions relating to duties of municipal superintendents to conduct municipal elections; to change the provisions relating to the date of municipal elections; to change the provisions relating to filing notice of candidacy; to change the provisions relating to qualification of registrars and deputy registrars; to provide for the appointment of county registrars or deputy registrars as dep uty registrars of the municipality; to provide for the applicability of registration to vote in municipal elections; to provide for duties of registrars of municipalities; to change the provisions relating to the filing of the certified list of qualified voters with the city clerk; to change the provisions relating to challenge of listed persons by other electors; to provide for certain duties by the board of registrars in connection with challenged electors; to change the provisions relating to the filing of petitions to contest results of a primary or election; to provide the grounds on which a primary or election may be contested; to pro vide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 3 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Municipal Election Code, is amended by adding at the end of Code Section 2684 JOURNAL OF THE HOUSE, 21-3-30, immediately following subsection (b), a new subsection, to be designated subsec tion (c), to read as follows: "(c) The following shall be the form of oath for the election superintendent: I, _________________, do swear (or affirm) that I will as superintendent duly attend the ensuing election (or primary) during the continuance thereof, that I will to the best of my ability prevent any fraud, deceit, or abuse in carrying on the same, that I will make a true and perfect return of the said election (or primary), and that I will at all times truly, impartially, and faithfully perform my duties in accord ance with Georgia laws to the best of my judgment and ability." Section 2. Said chapter is further amended by striking Code Section 21-3-51 in its entirety and inserting in lieu thereof a new Code Section 21-3-51 to read as follows: "21-3-51. The date of the municipal election shall be specified by the charter of the municipality or2 if not so specified, then by municipal ordinance. Public notice of such election shall be published by the governing authority in a newspaper of general circula tion in the municipality at least 30 days prior to the election." Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-3-91 and inserting in lieu thereof a new subsection (a) to read as fol lows: "(a) Each candidate^ or his agent, designee shall file notice of his candidacy in the office of the municipal superintendent of his municipality at least 22 but not more than 52 days prior to the election in the case of a general election and at least 15 but not more than 30 days prior to the election in the case of a special election. The opening and closing dates shal!2 within the limitations as provided in this Code section, be as set forth in the municipal charter or2 if not so specified, then by municipal ordinance as may now be ift force or hereafter enacted. If a run-off primary is held, each candidate nominated therein^ or his agent, designee shall file notice of his candidacy with the municipal superintendent within three days after the holding of such primary, irrespec tive of such three-day period's exceeding a qualification deadline prescribed in this sub section. Notice of the opening and closing dates for candidates to qualify shall be published by the governing authority in a newspaper of general circulation in the munic ipality at least ten days prior to the first date for qualifying." Section 4. Said chapter is further amended by striking Code Section 21-3-121 in its entirety and inserting in lieu thereof a new Code Section 21-3-121 to read as follows: "21-3-121. (a) Registrars and deputy registrars shall be clcctora ef the municipality in which they are appointed tatd shall be able to read, write, and speak the English lan guage. No person, while serving as a registrar, deputy registrar, or member of a board of elections, or within a period of six months after so serving, shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a primary or elec tion; provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector or to any candidate for the office of tax commissioner or tax collector in performing the functions of a deputy to the board of registrars as provided in subsection (b) of Code Section 21-2-212. However, nothing contained in this Code section shall pre clude a registrar, deputy registrar, or member of a municipal board of elections from qualifying for office, having his name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. (b) Notwithstanding any other provision of this Code section to the contrary, in those municipalities maintaining their own registration lists, the municipal governing authority may shall appoint county registrars or deputy registrars as deputy registrars of the municipality, notwithstanding such county registrars or deputy registrars may not be electors of the municipality. (c) In cases where a municipality uses its own registration system, the registrar or deputy registrar shall require the applicant to complete two registration cards and the registrar shall forward one of such registration cards to the county registrars. Where a municipality is located in more than one county, the registrar shall forward the registra tion card to the county of the applicant's residence. The registrars of the county shall MONDAY, MARCH 22, 1982 2685 check the name and identifying information of each applicant against the registration cards on file in their office so as to ensure that no voter is registered twice. If- the regis trar finds the applicant meets the qualifications for registration in the county, the regis tration card shall be placed on file in the registrars' office and the applicant's name shall be added to the electors list." Section 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-3-135 and inserting in lieu thereof a new subsection (a) to read as fol lows: "(a) At least three days prior to the primary or election, the registrar shall file with the city clerk a certified copy of a list containing the namesz addresses, and ZIP codes of all the electors found to be qualified. The list shall be alphabetically arranged by elec tion districts or precincts, and it shall be the list of electors for the municipal election to be held in such year. No person whose name does not appear on such list shall vote at such municipal election, except as otherwise provided in this chapter. This list shall be accompanied by the registrar's certification of the number of electors by race in each election district. Such lists shall not be used by any person for commercial purposes." Section 6. Said chapter is further amended by striking Code Section 21-3-138 in its entirety and inserting in lieu thereof a new Code Section 21-3-138 to read as follows: "21-3-138. (a) Any elector of the municipality shall be allowed to challenge the right of registration of any person whose name appears upon the electors list; and, upon a challenge as to the qualifications of the elector being filed, the registrars shall notify the elector and pass upon the challenge. The governing authority shall by ordinance pro vide for the procedure for deciding such challenges. Each challenge shall specify the grounds of the challenge; and, when notice is given the elector by the registrars, a copy of such challenge shall be furnished the challenged elector at least three days before passing upon the same. Any elector of the municipality shall also be allowed to challenge the qualifications of any applicant for registration. A challenge of a person's qualifica tion to register or to vote shall be decided in every case by the board of registrars with the right of appeal therefrom to the superior court. (b) Any elector of the municipality shall be allowed to challenge the right to vote of any person whose name appears upon the electors list by making application to the board of registrars of the municipality at any time, including election day itself. Such challenge may be oral or written but shall distinctly set forth the grounds of challenge. The board of registrars shall immediately consider the same and unless they find proba ble cause to sustain such challenge shall deny it. If the registrars find probable cause to sustain such challenge, the poll officers of the challenged elector's district shall be notified; and, if practical, the challenged elector shall be notified and afforded an oppor tunity to answer. If the challenged elector presents himself at the polling place to vote, he shall be given an opportunity to appear before the registrar and answer the grounds of challenge; and, after hearing the challenger and the challenged elector, such registrars shall determine whether probable cause to sustain such challenge exists and shall: (1) If no probable cause exists, permit the challenged elector to vote; (2) If in doubt as to the merit of the challenge, permit the challenged elector to vote by having the word 'challenged' written across the back of the challenged elector's ballot for later determination; or (3) If it is determined that a challenged elector is not eligible to vote, refuse to allow the challenged elector to vote by having the words 'ineligible to vote' written on the electors list next to the challenged elector's name." Section 7. Said chapter is further amended by striking Code Section 21-3-420 in its entirety and inserting in lieu thereof a new Code Section 21-3-420 to read as follows: "21-3-420. A petition to contest the results of a primary or election shall be filed in writing with the city clerk within five days after the results of the election are declared by the governing authority. Upon the filing of the contest petition, a hearing shall be set before the governing authority of the municipality. Seh hearing shall be conducted m accordance with procedures st forth in th municipal charter er R appropriate ordi- 2686 JOURNAL OF THE HOUSE, State Election Board. Reasonable notice of the hearing shall be either personally deliv ered or forwarded by mail to all parties involved. The notice shall include a statement of the time, place, and nature of the hearing; a statement of the legal authority and jurisdiction under which the hearing is to be held; and a short and plain statement of the grounds for contest. Opportunity shall be afforded all parties to be represented by legal counsel and to respond and present evidence on all issues involved. The hearing shall be presided over by the mayor or such other individual as the governing authority may appoint. Any member of the governing authority involved in the contest shall dis qualify himself from judging the contest. The governing authority shall render its deci sion in writing within a reasonable time after such hearingf and a copy of the decision ef the governing authority shall be considered a final determination ef the contest unless appealed as provided i Code Section 21-3-421 provided to all parties involved. The decision of the governing authority shall be considered a final determination of the con test unless appealed as provided in Code Section 21-3-421. If all members of the govern ing authority must disqualify themselves from judging the contest, the contestant may, within ten days of official notice of their disqualification, file an action in superior court as set forth in Code Section 21-3-421 without exhausting any other administrative reme dies." Section 8. Said chapter is further amended by adding immediately following Code Section 21-3-421 a new Code section, to be designated Code Section 21-3-422, to read as follows: "21-3-422. The nomination of any person who is declared nominated at a primary, or the election of any person who is declared elected to any municipal office, or the eligi bility of any person declared eligible to seek nomination or office in a run-off primary or election, or the approval or disapproval of any question submitted to electors at an election may be contested on one or more of the following grounds: (1) Malconduct, fraud, or irregularity by any primary or election official or officials sufficient to change or place in doubt the result of the primary or election; (2) That the candidate elected is ineligible for the nomination or office in dispute; (3) That illegal votes have been received or legal votes rejected at the polls suffi cient to change or place in doubt the result of the primary or election; (4) An error in counting the votes or declaring the result of the primary or election if such error would change the result; or (5) Any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election." Section 9. This Act shall become effective November 1, 1982. Section 10. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Bray of the 70th moves to amend the Committee substitute to SB 685 by adding after the word "days" on line 20 of page 3, the following: "and not more than thirty days." The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal Y Beck Y Benefield Benn MONDAY, MARCH 22, 1982 2687 Y Birdsong Y Bishop Bolster Y Branch YBray Brooks Buck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark.L Y Colbert Y Coleman Collins Y Colwell Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis.B Y Davis,J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Edwards Y Elliott Evans Felton Y Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill 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 Y Karrh YKemp Y Kilgore Y Lambert Y Lane,D Y Lane.R Y Lawson Y Lee YLogan YLong YLord YLowe Y Lucas Y Mangum YMann Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips,R.T Y Phillips.W.R Y Pilewicz Pinkston Y Rainey Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell Y Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Walker Y Wall Y Ware Watson White Y Widener Y Williams,B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy On the passage of the Bill, by substitute, as amended, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. SB 689. By: Senator Kidd of the 25th: A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Election Code, so as to provide for the appointment, compensation, and duties of chief deputy regis trars; to provide for each applicant to complete two registration cards and for the registrar to forward one to the registrar of the municipality; to change the procedures for voting by absentee ballot; and for other purposes. The following Committee substitute was read: A BILL To amend Title 21 of the Official Code of Georgia Annotated, known as the Georgia Election Code, so as to provide that the General Assembly may by local act create a board of elections in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of elections; to provide that the General Assembly may by local act create a board of elections and registration in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures; to provide for the appointment, compensation, and duties of chief deputy registrars; to change the provisions relating to qualifications of registrars and deputy registrars; to pro vide for each applicant to complete two registration cards and for the registrar to forward one of such cards to the registrar of the municipality under certain circumstances; to change the provisions relating to form of registration cards for use by applicants for regu lar and absentee registration; to provide for the counting of votes of certain electors when no election is conducted because all candidates are unopposed; to change the provisions relating to procedures as to printing of ballots; to change the provisions relating to general 2688 JOURNAL OF THE HOUSE, requirements as to vote recorders; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 21 of the Official Code of Georgia Annotated, known as the Georgia Election Code, is amended by striking the word and number "Part 1" in Article 2 of Chap ter 2 of Title 21 and inserting in lieu thereof the following: "Part 1 Subpart 1". Section 2. Said title is further amended by adding a new Subpart 2 at the end of Part 1 of Article 2 of Chapter 2 of Title 21 to read as follows: "Subpart 2 21-2-40. (a) The General Assembly may by local act create a board of elections in any county of this state and empower the board with the powers and duties of the elec tion superintendent relating to the conduct of elections. (b) The General Assembly may by local act create a board of elections and registra tion in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee bal loting procedures." Section 3. Said title is further amended by striking in its entirety subsection (b) of Code Section 21-2-212, which reads as follows: "(b) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours when the office of the tax commissioner or tax collector is open, the tax commissioner or the tax collector shall be a deputy to the board of registrars. He shall perform the duties required of him under this article with no extra compensation unless the governing authority so authorizes. He may, with the prior approval of the board, designate one or more of his own deputies to act as addi tional deputies.", and inserting in lieu thereof a new subsection (b) to read as follows: "(b) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours, the registrar shall designate and appoint as chief deputy registrar a full-time county officer or employee for the purpose of register ing eligible electors and performing other duties as may be required by the board of reg istrars. The governing authority of the county shall provide for the compensation of the chief deputy registrar. The name, business address, telephone number, and any other pertinent information relative to the chief deputy registrar shall be forwarded by the registrar to the Secretary of State's office, where such information shall be maintained on file." Section 4. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2-213 and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write, and speak the English language. No per son, while serving as a registrar, deputy registrar, or member of a county board of elec tions, or within a period of six months after so serving, shall be eligible for any nomination or office to be voted for at a primary or election? or sfeaH be eligible to qual ify for any nomination or office? or to have his name placed on any primary or election ballot pursuant to Code Sections 21-2-132 and 21-2-153? or to give notice of his intention of write-in candidacy; provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector or to any candidate for such office of tax commissioner or tax collector. However, nothing contained in this Code section shall preclude a regis trar, deputy registrar, or member of a county board of elections from qualifying for, or MONDAY, MARCH 22, 1982 2689 having his name placed on the ballot, or holding office in a political party or body or serving as a presidential elector." Section 5. Said title is further amended by striking Code Section 21-2-217 in its entirety and inserting in lieu thereof a new Code Section 21-2-217 to read as follows: "21-2-217. (a) The registration cards for use by persons other than absentee appli cants shall, after March 18, 1976, be in the following form only, but cards existing as of that date are not required to be changed. The form may be printed on cards or sepa rate sheets, but for convenience, the card or sheets of paper shall be referred to as the 'registration card.' REGISTRATION CARD Name __________________________________________________ (Printed (First) (Middle or (Maiden) (Last) or Typed) Initial) Election District __________ Residence Address (Town or City) (County) (State) (Zip Code) Place of Birth (Town or City) (County) (State) (Zip Code) Date of Birth ___________________ (Month) (Day) (Year) Sex ___________________ Height ___________________ Social Security No. ________________ Race __________________ (If known at the time of application) Mother's Maiden Name ________________________________________ Father's Name _____________________________________________ Will assistance in voting be required in the manner permitted by Code Section 21-2-409? (Yes) (No) Georgia, _________________ County. I do swear (or affirm) that I am a citizen of the United States, the State of Georgia, and this county; that I am at least 18, years of age, or will be on the ________ day of __________________, 19__; that I possess the qualifications of an elector required by the laws of this state; that I am not registered to vote in any other county, or I am registered in _______________ County of the State of _______________ and request cancellation of my registration; that I am not registered to vote under any other name; that I have correctly answered the questions appearing elsewhere on this card under the words: 'Questions Propounded to Appli cant'; and that the information contained on this card is true. (Sign here) ___________________ Sworn to (or affirmed) and subscribed before me this ___________ day of ___________, 19__, at the following location:____________________. (Deputy) Registrar 2690 JOURNAL OF THE HOUSE, QUESTIONS PROPOUNDED TO APPLICANT Have you ever been convicted in any court of competent jurisdiction of treason against the state, of embezzlement of public funds, malfeasance in office, bribery, or larceny, or of any crime involving moral turpitude, punishable by the laws of this state with impris onment in the penitentiary? If so, what was the offense, the place, and court of convic tion and the approximate date? If so, and if pardoned, what was the date of the pardon? Board of Registrars BY:___________________ (The space above shall be marked approved or rejected after the examination of the applicant's qualification.) (b) The registration cards for use by applicants for absentee registration shall be in the same form as the above form of registration card, except that the affidavit and ques tions propounded to the applicant portions shall be eliminated and in lieu thereof the following form of affidavit shall be used: I do swear (or affirm) that I am a citizen of the United States, the State of Georgia, and this county; that I am at least 18 years of age, or will be on the ___________________ day of ____________, 19__; that my residence for voting purposes is located at ___________________ in such county; that my temporary address outside of this state is ___________________; or that I am otherwise qualified to register by absentee registration for the following reason reasons ___________________; that I possess the qualifications of an elector required by the Constitution of the State of Georgia; that I am not registered to vote in any other county, or I am registered in ______________ County of the state of ______________________ and request cancellation of my registration; that I am not registered to vote under any other name; that I have never been convicted in any court of competent jurisdiction of treason against the State of Georgia, of embezzle ment of public funds, malfeasance in office, bribery, or larceny, or of any crime involv ing moral turpitude, punishable by the laws of the State of Georgia with imprisonment in the penitentiary or, if so convicted, that I was pardoned on __________________; and that the information contained elsewhere on this card is true. (Sign here) ____________________ (This affidavit or affirmation must be sworn to or affirmed before an official autho rized to administer oaths by the law of the place of executing this application.) Sworn to (or affirmed) and subscribed before me this ___________ day of __________, 19__, at the following location:___________________. (Signature of official administering oath.) (Typed or printed name and office of official.) (Typed or printed identification number, if any, and address of such official if security requirements permit.) (c) The board of registrars may require that registration cards be executed in dupli cate. MONDAY, MARCH 22, 1982 2691 (d) So that all voter registration cards may be uniform throughout all 159 counties of the state, the Secretary of State is authorized to administer this Code section." Section 6. Said title is further amended by adding at the end of Code Section 21-2-217 two new subsections, to be designated subsections (e) and (f), to read as follows: "(e) In cases where a municipality does not elect to use the county registration sys tem, the registrar or deputy registrar shall require the applicant to complete two regis tration cards and the registrar shall forward one of such registration cards to the city clerk of the municipality. The city clerk shall transmit such registration cards to the reg istrar of the municipality who shall check the name and identifying information of each applicant against the registration cards on file in the municipality so as to ensure that no voter is registered twice. If the registrar finds the applicant meets the qualifications for registration in the municipality, the registration card shall be placed on file in the registrars' office and the applicants name shall be added to the electors list. (f) Notwithstanding any other provision of this Code to the contrary, the board of registrars for the county shall appoint the registrars in each municipality in the county, except in those municipalities electing to use the county registration lists, as deputy reg istrars of the county." Section 7. Said title is further amended by adding at the end of Code Section 21-2-231 a new subsection, to be designated subsection (d), to read as follows: "(d) If the county is furnishing the electors list to a municipality, each elector in the municipality shall be given credit for having voted when no election has been held due to all candidates being unopposed." Section 8. Said title is further amended by striking Code Section 21-2-288 in its entirety and inserting in lieu thereof a new Code Section 21-2-288 to read as follows: "21-2-288. If two or more candidates for the same nomination or office shall have the same or similar names, the official with whe seh candidates qualify the Secretary of State, in the case of federal or state offices, or the superintendent of elections, in the case of county offices, shall print or cause to be printed the residence of all candidates for such nomination or office on the ballot under their names. Said The designated offi cial shall determine whether the names of the candidates are of such a similar nature as to warrant printing the residence of all candidates for that office on the ballot; and the decision of such the designated official shall be conclusive." Section 9. Said title is further amended by striking in its entirety paragraph (2) of Code Section 21-2-350 and inserting in lieu thereof a new paragraph (2) to read as follows: "(2) It shall permit each elector, at other than primaries, to vote a straight party or body ticket, with the exception of candidates for the offices of presidential electors, in one operation per ballot card; and in one operation per ballot card, to vote for all the candidates of one party or body for presidential electors; and or, in one operation per ballot card, to vote for all the candidates of one party or body for every office to be voted for except those offices as to which he votes for individual candidates and the offices of presidential electors;". Section 10. This Act shall become effective November 1, 1982. Section 11. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representatives Bray of the 70th, Steinberg of the 46th, Holmes of the 39th, Edwards of the 110th et al move to amend the Committee substitute to SB 689 by adding in the title on line 13 of page 1, immediately preceding the words "to provide", the following: "to change the provisions relating to deputy registrars; to change the provisions relat ing to the keeping of registration cards and other papers, voter registration places, and office hours;". 2692 JOURNAL OF THE HOUSE, By adding between Sections 2 and 3 between lines 24 and 25 on page 2 a new Section 2A to read as follows: "Section 2A. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2-212, which reads as follows: '(a) The registrars may appoint additional deputies and hire clerical help to aid them in the discharge of their duties if the compensation required therefor has been first approved by the governing authority of the county.', and inserting in lieu thereof a new subsection (a) to read as follows: '(a) (1) The board of registrars in each county shall appoint deputy registrars to aid them in the discharge of their duties. The number of deputy registrars appointed to serve shall be determined by the board of registrars, except that addi tional registrars shall be appointed as would reasonably be required to afford quali fied citizens an opportunity to register. Such deputy registrars shall serve without compensation unless the governing authority of the county, by resolution, authorizes compensation. In appointing deputy registrars, the registrars shall select persons who are reasonably representative of a cross section of significantly identifiable groups of the communities or areas where they are to serve. Such deputy registrars shall be subject to the provisions of subsection (a) of Code Section 21-2-213. (2) Registrars may hire clerical help to assist them in their duties if the compen sation required therefor has been first approved by the governing authority of the county.'" By adding between Sections 6 and 7 between lines 13 and 14 on page 9 a new Section 6A to read as follows: "Section 6A. Said chapter is further amended by striking in its entirety Code Section 21-2-218 and inserting in lieu thereof a new Code Section 21-2-218 to read as follows: '21-2-218. (a) In those counties where the registrars have a main office separate from the office of the tax collector or tax commissioner, the registrars shall keep the completed registration cards and their other papers in such office which shall be in the courthouse or other public building. If no such office exists, the registrars shall keep the completed registration cards and their other papers in the office of the tax collector or the tax commissioner; and such office shall be deemed the main office of the board of registrars. (b) For the purpose of taking applications for registration and for the purpose of registering electors, such number of registrars or deputy registrars as shall be desig nated by the chief registrar shall be stationed at such main office where the completed registration cards are kept at such times as the office is open during regular office hours. The chief registrar board of registrars, in addition to the main office, may shall designate other fixed places in throughout the county te be used for the purpose efrccciving as would be reasonably necessary to receive applications for registration and for the registration of electors, fe any county having ft population ef more than to tne united otfttes ueccnniCLi census ot lyou or sny su.cn future tne cniei regisifflr m e&cn evenTMnumDered yesr srisii desi^nste flnd stftitj on a futt or part-time basis, additional voter registration places within the county at least six montils prior to tfte voter re^istrfltion deadline for trie JN oveinDer election tR tntt year. These additional offices for registration wiH have fixed hours ef operation. Voter registration cards shall not be removed from the offices additional registration places except to be taken to the main office. The same degree of supervision and security provided for the main office to prevent registration irregularities will be provided to these additional offices. Blank registration cards shall be kept in the places designated for registration and completed registration cards shall be kept in the main office of the registrars. (c) Blank registration cards shall be numbered and shall be issued only to deputy registrars who shall give the chief registrar a receipt therefor. The chief registrar shall MONDAY, MARCH 22, 1982 2693 maintain such receipts as he does other voter registration records. Registration shall be conducted only at the main office of the board of registrars and at such additional places as have been designated by the chief registrar pursuant to this article. (d) Additional registration places must and the hours of operation shall be adver tised in a newspaper of general circulation in the county one or more times at least seven days prior to the first day for registration. (e) The main office of the board of registrars in each county shall remain open for business during regular office hours on each business day, except Saturday. The boflpQ of fc181r8.F8 MI8.y culture stKJfi niinimuift oriicc nours find ni9y open trie oniccs at any tke is erd* to sttit the convenience ef the public. The main office, or such other offices, shall be open at such designated times other than the normal business hours as shall reasonably be necessary to facilitate registration and at such other hours as will suit the convenience of the public. (f) All voter registration places shall be places open to the general public and frequented by the general public."' On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Aaron Adams.G Y Adams.J Y Adams.M N Aiken N Anderson Y Argo Y Auten N Balkcom Bargeron N Baugh Beal NBeck N Benefield YBenn Birdsong Y Bishop Y Bolster N Branch YBray Y Brooks Y Buck Burruss N Burton NByrd Cason Castleberry Y Chamberlin N Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B N Clark.L N Colbert N Coleman Collins N Colwell Connell Couch Cox N Crawford N Crosby N Culpepper Y Cummings Darden Y Daugherty N Davis.B N Davis,J Y Davis.L Dean YDent N Dixon N Dobbs N Dover Edwards N Elliott Evans N Felton N Fortune Foster Y Fuller.C Y Galer Y Ginsberg Y Glover N Godbee Y Greer YHam Hamilton N Manner Harris N Harrison N Hasty Y Hawkins NHays YHill Y Holmes Y Hooks Y Home N Hutchinson Irvin N Isakson N Jackson,J Jackson,N Jackson.W N Jessup Y Johnson,G N Johnson,R Jones,B Y Jones.H N Karrh N Kemp Kilgore Y Lambert Lane.D N Lane.R N Lawson NLee Y Logan N Long N Lord YLowe Y Lucas N Mangum N Mann Y Marcus Y Martin N Matthews Y McCollum N McDonald McKinney N Miles N Milford Y Montgomery N Moody N Moore N Mostiler N Mullinax Y Nicholson NNix N Oliver Y Padgett N Parham N Patten Y Perry Peters Y Phillips.B Phillips.L.L N Phillips.R.T N Phillips.W.R Y Pilewicz Pinkston N Rainey Ralston Ramsey Randall N Reaves Y Richardson Y Robinson Y Rose YRoss N Rowland Y Russell On the adoption of the amendment, the ayes were 59, nays 78. The amendment was lost. Y Savage Scott,A Scott.D Y Shepard N Sherrod N Sizemore Y Smith.T Smith.V Y Smyre Snow Y Steinberg Y Swann Y Thomas N Thompson Townsend N Triplet! Tuten N Twiggs N Vandiford N Vaughn Veazey N Waddle Walker N Wall N Ware N Watson White N Widener N Williams.BJ Y Williams.H Williams.R N Wilson N Wood,J N Wood,J.T Y Workman Speaker Murphy The following amendment was read and adopted: Representative Bray of the 70th moves to amend the Committee substitute to SB 689 by adding after the word "state" on line 11 of page 6 the following: "or any other state". The Committee substitute, as amended, was adopted. 2694 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.J Y Adams.M Aiken Y Anderson YArgo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield YBenn Birdsong Y Bishop Y Bolster Y Branch YBray Y Brooks YBuck Burruss Y Burton YByrd Cason Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Clark,L Y Colbert Y Coleman Collins Colwell Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Darden Y Daugherty Y Davis.B Y Davis,J Y Davis,L Dean YDent Y Dixon Y Dobbs Y Dover Edwards Y Elliott Y Evans Y Felton Y Fortune Foster Y Fuller.C Y Galer Y Ginsberg Y Glover Y God bee Y Greer YHam Hamilton Y Manner Y Harris Y Harrison Y Hasty Hawkins YHays YHill Y Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson.N 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 YLong YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews McCollum Y McDonald McKinney Y Miles Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips,L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Pinks ton Y Rainey Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplet! Tuten Y Twiggs Vandiford Y Vaughn Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J,T Workman Speaker Murphy On the passage of the Bill, by substitute, as amended, the ayes were 139, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 944. By: Representative Phillips of the 125th: A BILL to amend an Act imple menting the provisions of Article V, Section VII, Paragraph II of the Constitu tion of Georgia creating the Savannah District Authority, now known as the Savannah Port Authority, so as to further define the terms "project" and "cost of project" in describing the powers and duties of the Savannah Port Authority; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1317. By: Representative Greer of the 43rd: A BILL to amend an Act creating a Judges' and Solicitor Generals' Retirement Fund of Fulton County, so as to MONDAY, MARCH 22, 1982 2695 provide that no individual employed or reemployed by Fulton County subse quent to the effective date of this Act shall be entitled to any benefits under this Act; to provide for cost-of-living increase; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act creating a Judges' and Solicitor Generals' Retirement Fund of Ful ton County, approved January 31, 1946 (Ga. L. 1946, p. 299), as amended, so as to provide that no person who is not a member of the fund on the effective date of this Act shall be eligible to become a member in the future; to preserve rights of persons who are mem bers of the fund on the effective date of this Act; to provide for cost-of-living adjustments under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a Judges' and Solicitor Generals' Retirement Fund of Ful ton County, approved January 31, 1946 (Ga. L. 1946, p. 299), as amended, is further amended by inserting following Section 4 thereof a new section which shall be known as Section 4(a) which shall read as follows: "Section 4(a). Notwithstanding any other provision of this Act, as amended, no per son who is not a member of this fund on the effective date of this Act shall be eligible to become a member of the fund thereafter. All provisions of the Act creating a Judges' and Solicitor Generals' Retirement Fund of Fulton County, approved January 31, 1946 (Ga. L. 1946, p. 299), as amended, shall remain in effect as to all persons who are mem bers of this fund on the effective date of this Act." Section 2. This Act shall become effective on July 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1343. By: Representative Benn of the 38th: A BILL to amend the Act providing that cities having a population of more than 300,000 shall furnish pensions to all officers and employees of such cities and for such purposes set forth in the cap tion of said Act and the several Acts amendatory thereof, so as to correct an inadvertent reference to the "Superior Court of Fulton County,"; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend the Act approved August 20, 1927 (Ga. L. 1927, pp. 265, et seq.), as amended, providing that cities having a population of more than 300,000 (as provided in an amendment to said Act in Ga. L. 1972, p. 3803, Section 1, approved April 13, 1972 ), according to the United States Decennial Census of 1970, or any such future census, shall furnish pensions to all officers and employees of such cities and for such purposes set forth in the caption of said Act and the several Acts amendatory thereof, particularly as 2696 JOURNAL OF THE HOUSE, amended by Ga. L. 1981, pp. 4376, et seq., so as to correct an inadvertent reference to the "Superior Court of Fulton County," and to provide that matters pertaining to workers' compensation shall not be considered as evidence in a pension application before the Board of Trustees of said pension fund; to amend an Act approved August 20, 1927 (Ga. L. 1927, p. 265) providing that cities having a certain population shall furnish benefits to officers and employees of such cities and for such other purposes set forth in the caption of said Act, as amended, particularly by an Act approved April 9, 1963 (Ga. L. 1963, p. 3061), by an Act approved March 4, 1964 (Ga. L. 1964, p. 2407), and by an Act approved March 28, 1974 (Ga. L. 1974, p. 3546), so as to provide for terms of the members of and vacancies occurring in said Board; to provide for necessary rules; to amend an Act approved February 15, 1933 (Ga. L. 1933, pp. 213, et seq.), as amended, providing for pen sions for members of police departments in cities having a population of 300,000 (Ga. L. 1973, p. 2832) or more according to the latest census of the United States or any subse quent census thereof, and for other purposes more fully set out in the caption of said Act, as amended, particularly as amended by Ga. L. 1981, pp. 4381, et seq., and Ga. L. 1978, pp. 4527, et seq., so as to correct an inadvertent reference to the "Superior Court of Fulton County"; to provide that said Act shall not affect nor be affected by workers' compensa tion except as provided in subsection (F) of Ga. L. 1978, pp. 4527, et seq.; and that mat ters pertaining to workers' compensation shall not be considered as evidence in a pension application before the Board of Trustees of said pension fund; to amend an Act approved August 13, 1924 (Ga. L. 1924, pp. 167, et seq.), as amended, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 300,000 (Ga. L. 1973, p. 2837) according to the latest census of the United States or any subsequent census thereof, and for other purposes more fully set out in the caption of said Act, particularly as amended by Ga. L. 1981, pp. 3553, et seq., and Ga. L. 1978, pp. 4508, et seq., so as to correct an inadvertent reference to the "Superior Court of Fulton County"; to provide that said Act shall not affect nor be affected by workers' compensation except as provided in subsection (F) of Ga. L. 1978, pp. 4508, et seq.; and that matters pertaining to workers' compensation shall not be considered as evidence in a pension application before the Board of Trustees of said pension fund; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That an Act providing that cities having a population of more than 300,000 (as provided in an amendment to said Act in Ga. L. 1972, p. 3803, Section 1, approved April 13, 1972), according to the United States Decennial Census of 1970, or any future such census, shall furnish pensions to officers and employees of such cities and for other purposes set forth in the caption of said Act, approved August 20, 1927 (Ga. L. 1927, pp. 265, et seq.), as amended, particularly as amended by Ga. L. 1981, pp. 4376, et seq., is hereby amended by striking the words "of Fulton County" wherever the same shall appear in Section 2 of the said Act, and substituting in lieu thereof, the following lan guage: "in and for the county in which such municipality lies, or if such municipality lies in more than one county, then to the Superior Court of the county in which the greater part of such municipality lies.", so that when so amended, said affected sentence shall provide as follows: "The decision of the board after the hearing, shall be final as to the physical or men tal condition of the applicant, and where applicable, as to whether the disability is compensable as one incurred in the line of duty, provided however, such proceeding shall be subject to review by writ of certiorari to the Superior Court in and for the county in which such municipality lies, or if such municipality lies in more than one county, then to the Superior Court of the county in which the greater part of such municipality lies." Section 1A. An Act approved August 20, 1927 (Ga. L. 1927, p. 265), providing that cities having a certain population shall furnish benefits to officers and employees of such cities and for such other purposes set forth in the caption of said Act, as amended, partic ularly by an Act approved April 9, 1963 (Ga. L. 1963, p. 3061), by an Act approved March MONDAY, MARCH 22, 1982 2697 4, 1964 (Ga. L. 1964, p. 2407), and by an Act approved March 28, 1974 (Ga. L. 1974, p. 3546), is amended by striking in its entirety Section 2 of said 1963 amendatory Act, as amended, and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. There is hereby established a Board of Trustees whose duty it shall be to see that the provisions of this Act are carried out and that funds are kept separate. Said Board of Trustees shall be composed of the mayor, the city commissioner of finance, one member of the aldermanic board to be appointed by the mayor annually, one member of the board of education to be elected annually by the board of education, two members to be elected every three years by the members of the school department participating in said pension plan, and two members to be elected every three years by the nonschool employees participating in said pension plan. The present members of said Board of Trustees so elected by participating members of the school department shall serve until February 1, 1986, and their successors shall be elected by such partici pating members of the school department in January, 1986, and in January each three years thereafter for a term of three years. The term of the present members of the Board of Trustees so elected by participating nonschool employees shall expire February 1, 1987, and their successors shall be elected by such participating nonschool employees in January, 1987, and in January each three years thereafter for a term of three years. The Board of Trustees shall also include one member elected every three years by the retired members of the school department participating in said pension plan, and one member elected every three years by the retired nonschool employees participating in said pension plan. The term of the present two members of the Board of Trustees who are elected by the retired participants in said pension plan shall expire on February 1, 1988, and their successors shall be elected in January, 1988, and in January each three years thereafter for a term of three years. Any Trustee who is not a member by virtue of his office and who misses three consecutive meetings, after being properly notified thereof, shall be replaced as a Trustee at the next scheduled election. If a vacancy occurs in the office of a Trustee and there is more than six months before the term of such Trustee expires, a special election shall be called by the Board of Trustees to fill such vacancy for the remainder of the unexpired term. If a vacancy occurs in the office of a Trustee and there is six months or less before the term of such Trustee expires, the vacancy shall be filled for the unexpired term by the remaining Trustees. Should a member of the Board of Trustees, either elected by the members of the school department participating in such pension plan or elected by the nonschool employees participating in such pension plan, retire before his term of office expires, the office of such Trustee shall be declared vacant and shall be filled as provided above. The Board of Trustees shall be authorized to make all rules necessary in carrying out the provisions of this Act relative to electing members to the Board of Trustees; pro vided, however, that the names of candidates in any election shall be sent to those per sons eligible to vote not more than 45 days nor less than 30 days before the said election. In all cities subsequently coming under this Act, the first elections shall be held at the first regular meeting of the governing authorities of said city after the population shall be determined. Said Board of Trustees shall elect a chairman and a secretary thereof and all members of the Board shall serve without pay except the secretary who shall be paid $50 per month fro.m the pension fund. When any pension has been granted by said board, a check shall be drawn on the fund provided for the payment of the pen sion each month during the life of the pensioner, signed by the secretary. The Board of Trustees shall be authorized to pay out of the pension fund all necessary expenses in the operation of said Board. Said Board is authorized to make all necessary rules for the carrying out of the provisions of this Act, to reconcile conflicts therein, if any shall exist, and to provide for the equitable disposition of any matter not specifically covered by this Act, provided that all such rules must be consistent with the terms and spirit of this Act. Provided that if such city has an administrative assistant to the mayor that the mayor shall have the privilege of designating such administrative assistant to the mayor to serve on the Board of Trustees in his stead and, when so acting, he shall have all the powers herein conveyed to the mayor." 2698 JOURNAL OF THE HOUSE, Section 2. That an Act providing for pensions for members of police departments in cities having a population of 300,000 (Ga. L. 1973, p. 2832) or more according to the latest census of the United States or any subsequent census thereof, and for other purposes more fully set out in the caption of said Act, approved February 15, 1933 (Ga. L. 1933, pp. 213, et seq.), as amended, particularly as amended by Ga. L. 1981, pp. 4381, et seq., is hereby amended by striking the words "of Fulton County" wherever the same shall appear in Sec tion 2 of said Act, and substituting in lieu thereof, the following language: "in and for the county in which such municipality lies, or if such municipality lies in more than one county, then to the Superior Court of the county in which the greater part of such municipality lies.", so that when so amended, said affected sentence shall provide as follows: "The decision of the board after the hearing, shall be final as to the physical or men tal condition of the applicant, and where applicable, as to whether the disability is compensable as one incurred in the line of duty, provided, however, such proceeding shall be subject to review by writ of certiorari to the Superior Court in and for the county in which such municipality lies, or if such municipality lies in more than one county, then to the Superior Court of the county in which the greater part of such municipality lies." Section 3. That an Act providing a system of pensions and other benefits for mem bers of paid fire departments in cities having a population of more than 300,000 (Ga. L. 1973, p. 2837) according to the latest census of the United States or any subsequent census thereof, and for other purposes more fully set out in the caption of said Act, approved August 13, 1924 (Ga. L. 1924, pp. 167, et seq.), as amended, particularly as amended by Ga. L. 1981, pp. 3553, et seq., is hereby amended by striking the words "of Fulton County" wherever the same shall appear in Section 2 of the said Act, and substituting in lieu thereof the following language: "in and for the county in which such municipality lies, or if such municipality lies in more than one county, then to the Superior Court of the county in which the greater part of such municipality lies.", so that when amended, said affected sentence shall provide as follows: "The decision of the board after the hearing shall be final as to the physical or mental condition of the applicant, and where applicable, as to whether the disability is compensable as one incurred in the line of duty, provided however, such proceeding shall be subject to review by writ of certiorari to the Superior Court in and for the county in which such municipality lies, or if such municipality lies in more than one county, then to the Superior Court of the county in which the greater part of such municipality lies." Section 4. That an Act providing that cities having a population of more than 300,000 (as provided in an amendment to said Act in Ga. L. 1972, p. 3803, Section 1, approved April 13, 1972), according to the United States Decennial Census of 1970, or any such future census, shall furnish pensions to officers and employees of such cities and for other purposes set forth in the caption of said Act, approved August 20, 1927 (Ga. L. 1927, pp. 265, et seq.), as amended, particularly as amended by Ga. L. 1981, pp. 4376, et seq., is hereby amended by adding to Section 6 thereof the following language: "Further, no decisions of the State Board of Workers' Compensation shall be entered as evidence with a pension application before the Board of Trustees of said pension fund, nor shall said Board consider any evidence pertaining to the applicant's entitlement to workers' compensation in any hearing upon a pension application.", so that when amended, said affected Section 6 shall provide as follows: "Effect on workers' compensation laws. Except as provided in subsection (F) of Ga. L. 1978, pp. 4546, et seq., this Act shall not affect nor be affected by any workers' com pensation law, or other similar laws. Further, no decisions of the State Board of Work ers' Compensation shall be entered as evidence with a pension application before the Board of Trustees of said pension fund, nor shall said Board consider any evidence per taining to the applicant's previously determined entitlement to workers' compensation in any hearing upon a pension application." MONDAY, MARCH 22, 1982 2699 Section 5. That an Act providing for pensions for members of police departments in cities having a population of 300,000 or more (Ga. L. 1973, p. 2832) according to the latest census of the United States or any subsequent census thereof, and for other purposes more fully set out in the caption of said Act, approved February 15, 1933 (Ga. L. 1933, pp. 213, et seq.), as amended, particularly as amended by Ga. L. 1978, pp. 4527, et seq., is hereby amended by striking Section 23 in its entirety, and substituting in lieu thereof a new Sec tion 23 which shall read as follows: "Effect on workers' compensation laws. Except as provided in subsection (F) of Ga. L. 1978, pp. 4527, et seq., this Act shall not affect nor be affected by any workers' com pensation law, or other similar laws. Further, no decisions of the State Board of Work ers' Compensation shall be entered as evidence with a pension application before the Board of Trustees of said pension fund, nor shall said Board consider any evidence per taining to the applicant's previously determined entitlement to workers' compensation in any hearing upon a pension application." Section 6. That an Act providing a system of pensions and other benefits for mem bers of paid fire departments in cities having a population of more than 300,000 (Ga. L. 1973, p. 2837) according to the latest census of the United States or any subsequent census thereof, and for other purposes more fully set out in the caption of said Act, approved August 13, 1924 (Ga. L. 1924, pp. 167, et seq.), as amended, particularly as amended by Ga. L. 1978, pp. 4508, et seq., is hereby amended by striking Section 21 of said Act in its entirety, and substituting in lieu thereof a new Section 21 which shall read as follows: "Effect on workers' compensation laws. Except as provided in subsection (F) of Ga. L. 1978, pp. 4508, et seq., this Act shall not affect nor be affected by any workers' com pensation law, or other similar laws. Further, no decisions of the State Board of Work ers' Compensation shall be entered as evidence with a pension application before the Board of Trustees of said pension fund, nor shall said Board consider any evidence per taining to the applicant's previously determined entitlement to workers' compensation in any hearing upon a pension application." Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 8. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 430. By: Senator Bryant of the 3rd: A BILL to reincorporate the City of Guyton in the County of Effingham; to repeal and replace the heretofore existing charter of the City of Guyton and provide a new charter; to provide for the creation, incorporation, and powers; to provide for the governmental structure; and for other purposes. The following Committee substitute was read and adopted: A BILL To reincorporate the City of Guyton in the County of Effingham; to repeal and replace the heretofore existing charter of the City of Guyton and provide a new charter for said city; to provide for the creation, incorporation, and powers of said city; to provide for the governmental structure; to provide for administrative affairs; to provide for a municipal court; to provide for elections and removal; to provide for financial affairs; to 2700 JOURNAL OF THE HOUSE, provide for accounting and budgeting; to provide for procurement and property manage ment; to provide for zoning; to provide for general matters; to provide for other matters relative to the foregoing; to provide for severability; to repeal specific Acts; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I CREATION, INCORPORATION, POWERS 1.10 Incorporation 1.11 Corporate boundaries 1.12 Powers and construction 1.13 Examples of powers 1.14 Exercise of powers Section 1.10. Incorporation. This Act shall constitute a new charter for the City of Guyton in the County of Effingham, hereinafter referred to at times as the "city," repeal ing and replacing the charter as provided by an Act approved March 10, 1933 (Ga. Laws 1933, p. 952), as amended, particularly by an Act approved February 11, 1957 (Ga. Laws 1957, p. 2047), an Act approved April 5, 1961 (Ga. Laws 1961, p. 2948), an Act approved March 2, 1966 (Ga. Laws 1966, p. 2720), an Act approved April 10, 1968 (Ga. Laws 1968, p. 3523), an Act approved January 13, 1969 (Ga. Laws 1969, p. 3952), an Act approved April 28, 1969 (Ga. Laws 1969, p. 3964), and an Act approved April 10, 1971 (Ga. Laws 1971, p. 3603). The City of Guyton shall be a continuation of and successor to said city as heretofore incorporated. The City of Guyton, Georgia, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of Guyton, Georgia. Under that name, said city shall continue to be vested with all property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold, or in any manner con veyed or dedicated to or otherwise acquired by it and from time to time may hold or invest or sell or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this charter all municipal powers, func tions, rights, privileges, and immunities of every name and nature whatsoever. Section 1.11. Corporate boundaries, (a) The boundaries of this city shall be those existing on the effective date of this charter with such alterations as may be made from time to time in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof to be retained permanently in the office of the city clerk and to be designated as the "Official Map or Description of the Corporate Limits of the City of Guyton, Georgia." Photo graphic, typed, or other copies of such map or description certified by the city council shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.12. Powers and construction, (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. (b) The powers of this city shall be construed liberally in favor of the city. The spe cific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city. Section 1.13. Examples of powers. The corporate powers of this city may include but are not limited to the following: (1) Property taxes. To levy and to provide for the assessment, valuation, revalua tion, and collection of taxes on all property subject to taxation. MONDAY, MARCH 22, 1982 2701 (2) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by state law. (3) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees. (4) Appropriations and expenditures. To make appropriations for the support of the government of the city, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city. (5) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia. (6) Municipal property ownership. To acquire, dispose of, and hold in trust or oth erwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city. (7) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose. (8) Condemnation. To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority under Section 36-202 of the Code of Georgia, 1933, or under other applicable public Acts as are or may be enacted. (9) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dis pose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced. (10) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and stan dards and conditions of service applicable to the service to be provided by the fran chise grantee or contractor insofar as not in conflict with valid regulations by the Georgia Public Service Commission. (11) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, other wise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities. (12) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facili ties, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educa tional, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the corporate limits of the city and to regulate the use thereof; and, for such purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable public Acts as are or may be enacted. (13) Building regulation. To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes and to regulate all housing, building, and building trades; and to license the construction and erection of buildings and all other structures. 2702 JOURNAL OF THE HOUSE, (14) Planning and zoning. To provide such comprehensive planning for development by zoning, subdivision regulation, and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community. (15) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (16) Special areas of public regulation. To regulate and prohibit junk dealers, pawnshops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combusti ble, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control, by taxation or otherwise, the conduct of peddlers and itiner ant trades, theatrical performances, exhibitions, and shows of any kind whatever; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult book stores, and massage parlors. (17) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances. (18) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (19) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city. (20) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof. (21) Public hazards, removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public. (22) Solid waste disposal. To provide for the collection and disposal of garbage, rub bish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items. (23) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash col lection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corpora tions residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges. (24) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on the users of sewers and the sewer age system a sewer service charge fee or sewer tax for the use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing pay ment of same; to charge, impose, and collect a sewer connection fee or fees and to change the same from time to time, such fees to be levied on the users connecting with the sewerage system. (25) Nuisance. To define a nuisance and provide for its abatement whether on pub lic or private property. (26) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof. (27) Jail sentences. To provide that persons given jail sentences in the city's court shall work out such sentence in any public works or on the streets, roads, drains, and MONDAY, MARCH 22, 1982 2703 squares in the city or to provide for commitment of such persons to any county cor rectional institution or jail by agreement with the appropriate county officials. (28) Animal regulations. To regulate and license or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in viola tion of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder. (29) Motor vehicles. To regulate the operation of motor vehicles and exercise con trol over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city. (30) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordi nance; and to regulate and rent parking spaces in public ways for the use of such vehi cles. (31) Special assessments. To levy and provide for the collection of special assess ments to cover the costs for any public improvements. (32) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be made therefor. (33) City agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same. (34) Penalties. To provide penalties for violations of any ordinance adopted pursu ant to the authority of this charter and the laws of the State of Georgia. (35) Police and fire protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency. (36) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city. (37) Urban redevelopment. To organize and operate an urban redevelopment pro gram. (38) Public transportation. To organize and operate such public transportation sys tems as are deemed beneficial. (39) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards. (40) Other powers. To exercise and enjoy all other powers, functions, rights, privi leges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if suchnowers were fully stated herein; and to exercise all powers now or in the future authorized to be exer cised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.14. Exercise of powers. All powers, functions, rights, privileges, and immuni ties of the city, its officers, agencies, or employees, shall be carried into execution as pro vided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Geor gia. 2704 JOURNAL OF THE HOUSE, ARTICLE II GOVERNMENTAL STRUCTURE CHAPTER 1 LEGISLATIVE BRANCH 2.10 City council creation; composition; number; election 2.11 City council terms and qualifications for office 2.12 Vacancies; filling of vacancies 2.13 Compensation and expenses 2.14 Holding other office; voting when personally interested 2.15 Prohibitions 2.16 Inquiries and investigations 2.17 General power and authority of the city council Section 2.10. City council creation; composition; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four council mem bers. The mayor and council members shall be elected in the manner provided by Article V of this charter. Section 2.11. City council terms and qualifications for office. The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he shall have been a resident of the city for a period of not less than 30 days immediately prior to the date of the election for mayor or members of the city council; and each shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of this city. Section 2.12. Vacancies; filling of vacancies, (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.13. Compensation and expenses. The mayor and council members shall receive compensation for their services in an amount set by ordinance. The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.14. Holding other office; voting when personally interested, (a) Except as authorized by general state law, the mayor or council member shall not hold any other city office or city employment during the term for which he was elected. (b) Neither the mayor nor any member of the city council shall vote upon or sign or veto any question in which he is personally interested. Section 2.15. Prohibitions, (a) Conflict of interest. No elected official, appointed offi cer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his offi cial duties or which would tend to impair his independence of judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; MONDAY, MARCH 22, 1982 2705 (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authori zation or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or prom ise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the govern mental body by which he is engaged; provided that an elected official who is a candi date for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he has a financial interest. (b) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in any matter pend ing before the city council shall disclose such private interest, such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participa ting in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such government for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such entity or agency. (d) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of another party to a contract or sale shall render said contract or sale voidable as to that party at the option of the city council. (e) Ineligibility of elected officials. Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof dur ing the term for which he was elected. No former mayor and no former council member shall hold any compensated appointive office in the city until one year after the expiration of the term for which he was elected. (f) Political activities of certain officers and employees. No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (g) Penalties for violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have for feited his office or position. (2) Any officer or employee of the city who shall forfeit his office or position as described in paragraph (1) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. Section 2.16. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testi mony, and require the production of evidence. Any person who fails or refuses to obey any lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. Section 2.17. General power and authority of the city council. Except as otherwise pro vided by this charter, the city council shall be vested with all the powers of government of this city as provided in Article I. 2706 JOURNAL OF THE HOUSE, CHAPTER 2 ORGANIZATION AND PROCEDURE 2.18 Organization meeting 2.19 Regular and special meetings 2.20 Rules of procedure 2.21 Quorum; voting 2.22 Ordinance form; procedure 2.23 Action requiring an ordinance 2.24 Emergencies 2.25 Codes of technical regulations 2.26 Signing; authenticating; recording; codification; printing Section 2.18. Organization meeting. The city council shall meet for organization on the second Tuesday in January after an election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: "I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or council member as the case may be) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America." Section 2.19. Regular and special meetings, (a) The city council shall hold regular meetings at such time and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meet ing. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meet ing may be waived by a council member in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business trans acted in such council member's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by general state law and notice to the public of special meetings shall be made fully as is reasonably possible five days prior to such meetings. Section 2.20. Rules of procedure. The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. Section 2.21. Quorum; voting. Two council members together with the mayor or mayor pro tern shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be taken by voice vote, and the ayes and nays shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote. The affirmative vote of a majority of the five council members shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. The mayor shall have a vote on the council. Section 2.22. Ordinance form; procedure, (a) Every proposed ordinance shall be intro duced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Guyton hereby ordains . . . ." and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emer gency ordinances provided in Section 2.24. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and MONDAY, MARCH 22, 1982 2707 shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 2.23. Action requiring an ordinance. In addition to other acts required by gen eral state law or by specific provisions of this charter to be done by ordinance, acts of the city council which have the force and effect of law shall be done by ordinance. Section 2.24. Emergencies. To meet a public emergency affecting life, health, property, or public 'peace, the city council may convene on call of the mayor or three council mem bers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form generally prescribed for ordi nances except that it shall be plainly designated as an emergency ordinance and shall con tain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirma tive vote of at least three council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adop tion of emergency ordinances. Section 2.25. Codes of technical regulations, (a) The city council may adopt any stan dard code of technical regulations by reference thereto in an adopting ordinance. The pro cedure and requirements governing such adopting ordinance shall be as generally prescribed for ordinances except that (1) the requirements of Section 2.19(b) for distribu tion and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 2.26. Signing; authenticating; recording; codification; printing, (a) The clerk shall authenticate by his signature and record in full all ordinances adopted by the council in a properly indexed book kept for that purpose. (b) The city council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codifications shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Guyton, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for pur chase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at a reasonable price to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in sub stantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or addi tions to codes of technical regulations and other rules and regulations included in the code. CHAPTER 3 EXECUTIVE BRANCH 2.35 Election of mayor; forfeiture; compensation 2708 JOURNAL OF THE HOUSE, 2.36 Mayor pro tern 2.37 Chief executive officer 2.38 Powers and duties of mayor 2.39 Submission of ordinances to the mayor; veto power Section 2.35. Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of four years and until his successor is elected and qualified. He shall be a qualified elector of this city and shall have been a resident of this city for 30 days immediately preceding his election. He shall continue to reside in this city during the period of his service. He shall forfeit his office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be established in the same manner as for council members. Section 2.36. Mayor pro tem. The city council shall elect by majority vote among its members a mayor pro tem who shall assume the duties and powers of the mayor upon dec laration by the city council of the mayor's disability or absence. Section 2.37. Chief executive officer. The mayor shall be the chief executive of this city. He shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and adminis trative powers contained in this charter. Section 2.38. Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove all officers, department heads, and any employees of the city except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the city council a recommended annual operating bud get and recommended capital budget; (5) Submit to the city council at least once a year a statement covering the finan cial conditions of the city and from time to time such other information as the city council may request; (6) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (7) Call special meetings of the city council as provided for in Section 2.19(b); (8) Approve or disapprove ordinances as provided in Section 2.40; (9) Examine and audit all accounts of the city; (10) Require any department or agency of the city to submit written reports when ever he deems it expedient; (11) Perform other duties as may be required by general state law, this charter, or ordinance. Section 2.39. Submission of ordinances to the mayor; veto power, (a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordi nance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of his reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city coun cil at its next meeting and, should the city council then or at its next general meeting adopt the ordinances by an affirmative vote of three members, they shall become law. MONDAY, MARCH 22, 1982 2709 (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to city council as though disapproved and shall become law unless overridden by the council as in subsection (c) above. ARTICLE III ADMINISTRATIVE AFFAIRS Organization and General Provisions 3.10 Administrative and service departments 3.11 Board, commissions, and authorities 3.12 City attorney 3.13 City clerk 3.14 Tax collector 3.15 City accountant 3.16 Position classification and pay plans 3.17 Personnel policies Section 3.10. Administrative and service departments, (a) Except as otherwise pro vided in this charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, depart ments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or general state law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensa tion as prescribed by ordinance. (d) There may be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his depart ment or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by council. The mayor may suspend or remove directors under his supervision but such shall not be effective for 21 calendar days following the mayor's giving written notice of such action and the reasons therefor to the director involved and the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three council members. Section 3.11. Board, commissions, and authorities, (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judi cial or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be pro vided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or general state law. (c) The city council, by ordinance, may provide for the compensation and reimburse ment for actual and necessary expenses of the members of any board, commission, or authority. (d) No member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general state law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faith fully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. 2710 JOURNAL OF THE HOUSE, (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by general state law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or general state law as it deems appropriate and neces sary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the clerk of the city. Section 3.12. City attorney. The mayor and council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.13. City clerk. The mayor and council shall appoint a city clerk who shall not be a council member. The city clerk shall be custodian of the official city seal, main tain city council records required by this charter, and perform such other duties as may be required by the city council. Section 3.14. Tax collector. The mayor and council may appoint a tax collector to col lect all taxes, licenses, fees, and other moneys belonging to the city subject to the provi sions of this charter and the ordinances of the city; or the city clerk may act as the tax collector if no tax collector is appointed; and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. Section 3.15. City accountant. The mayor and council may appoint a city accountant to perform the duties of an accountant. Section 3.16. Position classification and pay plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Said plans may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. For purposes of this section, all elected and appointed city officials are not city employees. Section 3.17. Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and proba tionary periods of employment; (2) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) such dismissal hearings as due process may require; and (5) such other per sonnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV MUNICIPAL COURT 4.10 Creation; name 4.11 Chief judge; associate judge 4.12 Convening 4.13 Jurisdiction; power 4.14 Appeal MONDAY, MARCH 22, 1982 2711 4.15 Rules for court 4.16 Right to counsel Section 4.10. Creation; name. City council may create a court to be known as the Municipal Court of the City of Guyton, Georgia. Section 4.11. Chief judge, associate judge, (a) The municipal court, if created by coun cil, shall be presided over by a chief judge and such part-time, full-time, or stand-by associate judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before entering upon the duties of his office, each judge shall take an oath given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20. Section 4.12. Convening. The municipal court shall be convened at regular intervals as designated by ordinance or as provided by ordinance. Section 4.13. Jurisdiction; powers, (a) The municipal court shall try and punish viola tions of all city ordinances. (b) The municipal court shall have authority to punish those in its presence for con tempt, provided that such punishment shall not exceed $200.00 or 30 days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both, or to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 90 days. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transpor tation, and caretaking of prisoners over to superior courts for violations of state laws. (e) The municipal court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have dis cretionary authority to accept cash or personal or real property as surety for the appear ance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared for feited to the city, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the authority to bind prisoners over to the appro priate court when it appears by probable cause that a state law has been violated. (g) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (h) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by general state law. (i) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of this city granted by general state laws to mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. 2712 JOURNAL OF THE HOUSE, Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Effingham County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court, provided that any person who fails to file his appeal within ten days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding. Section 4.15. Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; pro vided, however, that the city council may adopt in part or in toto the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. Section 4.16. Right to counsel. In all cases before the municipal court, an indigent defendant shall be advised as to the right to have counsel appointed and an attorney must be provided where desired except in such cases where the judge does not wish to impose a jail term. ARTICLE V ELECTIONS AND REMOVAL 5.10 Applicability of general law 5.11 Election of the city council and mayor 5.12 Vacancy in office of mayor or council member 5.13 Other provisions 5.14 Nonpartisan elections 5.15 Election by majority 5.16 Grounds for removal 5.17 Procedure for removal Section 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885) and Chapter 3 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended. Section 5.11. Election of the city council and mayor. There shall be a municipal gen eral election biennially on the second Tuesday of September. There shall be elected the mayor and two council members at one election and every other election thereafter. The remaining two city council seats shall be filled at the elec tion alternating with the first group such that a continuing body is created as provided for in the first election under this charter in Section 8.13. Section 5.12. Vacancy in office of mayor or council member. A vacancy shall exist if the mayor or a councilman resigns, dies, moves his residence from the city, has been con tinuously disabled for a period of six months so as to prevent him from discharging the duties of his office, accepts any federal, state, county, or other municipal elected office, or is convicted of malfeasance or misfeasance in office, a felony, a violation of the Act, or a violation of the election laws of the state. The mayor and council shall appoint a quali fied person to fill such a vacancy for the remainder of the unexpired term. Section 5.13. Other provisions. Except as otherwise provided by this charter, the city council shall by ordinance prescribe such rules and regulations it deems appropriate to ful fill any options and duties under the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885) and Chapter 3 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended. Section 5.14. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. MONDAY, MARCH 22, 1982 2713 Section 5.15. Election by majority. The person receiving a majority of the votes cast for any city office shall be elected. Section 5.16. Grounds for removal. The mayor, council members, or others provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence or misfeasance or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. Section 5.17. Procedure for removal. Removal of any above-described officer may be accomplished by any one of the following methods: (1) By an affirmative vote of all council members, excluding any abstentions, after an investigative hearing. In the event that an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice spec ifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Effingham County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By information filed in the Superior Court of Effingham County as provided by state law. ARTICLE VI FINANCE 6.10 Property tax 6.11 Millage rate, due dates, payment methods 6.12 Occupation and business taxes 6.13 Licenses, permits, fees 6.14 Franchises 6.15 Service charges 6.16 Special assessments 6.17 Construction; other taxes 6.18 Collection of delinquent taxes and fees Section 6.10. Property tax. The city council may assess, levy, and collect an ad valo rem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, providing governmental ser vices, providing for the repayment of principal and interest on general obligations, and providing for any other public purpose as determined by the city council in its discretion. Section 6.11. Millage rate, due dates, payment methods. The city council by ordinance shall establish a millage rate for the city property tax, which shall not exceed ten mills, a due date, and the length of time in which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes in installments or in one lump sum as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12. Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by general state law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city 2714 JOURNAL OF THE HOUSE, council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in Section 6.18. Section 6.13. Licenses, permits, fees. The city council by ordinance shall have the power to require any individual or corporation transacting business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general state law in such a way as to preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.16. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.14. Franchises. The city council shall have the right to grant franchises for the use of this city's streets and alleys for the purpose of railroads, street railways, tele phone companies, electric companies, cable television, gas companies, transportation com panies, and other similar organizations. The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the considera tion for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and ade quate compensation therefor. The city council shall provide for the registration of all fran chises with the city clerk in a registration book to be kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previ ously granted. Section 6.15. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health, or any other services rendered within and without the corporate limits of the city for the total cost to the city of providing such services. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurte nances from the abutting property owners under such terms and conditions as are reason able. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.17. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by state law; and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18. Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by general state law. Such provisions shall include dates when the taxes or fees are due, late penalties or interest, issuance and executions of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, allowing exceptions for hardship, and providing for the assignment or transfer of tax executions. CHAPTER 2 BONDED AND OTHER INDEBTEDNESS 6.19 General obligation bonds 6.20 Revenue bonds 6.21 Short-term notes Section 6.19. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture MONDAY, MARCH 22, 1982 2715 authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the general laws governing bond issuances by municipali ties in effect at the time said issue is undertaken. Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue pro duced by the project, program, or venture for which they were issued. Section 6.21. Short-term notes. The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future state law. CHAPTER 3 ACCOUNTING AND BUDGETING 6.22 Applicability of Georgia law 6.23 Fiscal year 6.24 Budget officer 6.25 Submission of operating budget to city council 6.26 Budget hearings 6.27 Budget ordinance 6.28 Tax levies 6.29 Changes in appropriations 6.30 Capital budget 6.31 Independent audit Section 6.22. Applicability of Georgia law. All matters relating to accounting and bud geting procedures shall be conducted in accordance with the "Local Government Financial Management Standards and Procedures Act," Chapter 23-26 of the Code of Georgia of 1933 (Ga. Laws 1980, p. 1738) and Chapter 81 of Title 36 of the Official Code of Georgia Annotated, as now or hereafter amended. Section 6.23. Fiscal year. The mayor and council shall establish by ordinance a fiscal year for the operation of the local government which shall begin on July 1 of each year and end on June 30 of the following year. Section 6.24. Budget officer. The mayor and council may appoint a budget officer. It shall be the duty of the budget officer to exercise control over the administrative functions of the budgeting preparation. The budgeting officer shall serve at the will of the mayor and council, his salary being set by ordinance. Section 6.25. Submission of operating budget to city council, (a) On or before a date fixed by the council but not later than 30 days prior to the beginning of each fiscal year, the budget officer shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be prepared in accordance with general state law. The mayor and council shall set a date for the review of the proposed budget and a copy of the budget shall be filed in the office of the city clerk and shall be open for public inspection. (b) At the time of submission, the mayor and council shall publish a statement advising the residents of Guyton of the availability of the budget. This notice shall be prominently displayed as an advertisement or news article not in the legal section of a newspaper of general circulation in the city. The statement shall also give notice of the time and place of the budget hearings required in Section 6.26. Section 6.26. Budget hearings. Not later than one week prior to adoption of the bud get ordinance or resolution, the governing authority shall conduct a public hearing at which time any persons wishing to be heard on the budget may appear. Other such meet ings may occur if the mayor and council deem them necessary. Section 6.27. Budget ordinance, (a) The mayor and council by ordinance shall adopt the final operating budget for the ensuing fiscal year no later than the first meeting in 2716 JOURNAL OF THE HOUSE, the month of May, this date being after the date of the hearing required by Section 6.26. The budget shall be adopted at a public meeting called for in Section 6.26. (b) The budget as finally amended and adopted must provide for all expenditures required by state law and by other provisions of this charter and for all debt service requirements for the ensuing fiscal year; and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (c) If the city council fails to adopt the budget by the date stated in subsection (a), the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on" a month-to-month basis with all items prorated accordingly until such time as a budget is adopted. (d) The amount set forth in the adopted operating budget shall constitute the annual appropriation for such; and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable. Section 6.28. Tax levies. As the next order of business following adoption of the oper ating budget, the mayor and council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated reve nues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. Section 6.29. Changes in appropriations. The mayor and council may make changes in appropriations in the current operating budget in the manner prescribed by state law at any regular meeting or special meeting called for such purpose. Any additional appropria tion may be made only from an existing unappropriated surplus in the fund to which it applies or on a revised estimate of revenue. Section 6.30. Capital budget. The mayor and council shall provide by ordinance for the adoption of a capital improvements budget which shall apply to all departments, boards, authorities, commissions, offices, agencies, and activities. Section 6.31. Independent Audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions conducted in accordance with state laws. CHAPTER 4 PROCUREMENT AND PROPERTY MANAGEMENT 6.32 Contracting procedures 6.33 Centralized purchasing 6.34 Sale of city property Introduction: The following provisions set forth minimum requirements for property pro curement and management. These sections provide the mayor and council with the power to sell or convey real or personal property owned by the city, to quitclaim rights held in property, to swap land parcels and other sections generally provide for contracting proce dures and centralized purchasing. Section 6.32. Contracting procedures. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter or course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city journal of minutes required under Section 2.20. Section 6.33. Centralized purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. MONDAY, MARCH 22, 1982 2717 Section 6.34. Sale of city property, (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as pro vided by general state law as now or later amended at Section 69-318 of the Code of Geor gia of 1933 and Code Section 36-37-6 of the Official Code of Georgia Annotated (Ga. Laws 1976, p. 350). (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut off or sepa rated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. 7.10 Zoning board 7.11 Zoning board of appeals ARTICLE VII ZONING Section 7.10. Zoning board. The mayor and council may appoint a zoning and plan ning board to act in the place of the mayor and council and the zoning board may adopt ordinances and regulations for the administration thereof. The zoning board shall have the authority to establish zoning rules and regulations and a zoning map. Section 7.11. Zoning board of appeals. The mayor and council may appoint a zoning board of appeals to hear cases involving variances from the zoning rules and regulations. ARTICLE VIII GENERAL PROVISIONS 8.10 Eminent domain 8.11 Official bonds 8.12 Existing ordinances, resolutions, rules, and regulations 8.13 First election under this charter 8.14 Existing personnel and officers 8.15 Pending matters 8.16 Penalties 8.17 Construction 8.18 Severability 8.19 Specific law repealed 8.20 Repealer Section 8.10. Eminent domain. The city council is hereby empowered to acquire, con struct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, mar ket houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facili ties, and any other public improvements inside or outside the city, and to regulate the use thereof; and, for such purposes, property may be taken under any Georgia law applicable now or provided in the future. Section 8.11. Official bonds. The officers and employees of this city, both elective and appointive, shall execute such official bonds in such amount and upon such terms and con ditions as the city council shall from time to time require by ordinance or as may be pro vided by state law. 2718 JOURNAL OF THE HOUSE, Section 8.12. Existing ordinances, resolutions, rules, and regulations. Existing ordi nances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended, for two years from the effective date of this charter. During such two-year period, the city council shall review all such provisions and shall readopt, repeal, or amend each so that a codification as provided by subsection (b) of Section 2.26 is begun. Section 8.13. First election under this charter. The first municipal election shall be on September 12, 1982, at which the mayor position shall be filled for a four-year term, two council member positions shall be filled for four-year terms, and two council member posi tions shall be filled for two-year terms. The two council member candidates who are elected by the highest number of votes shall be elected for four-year terms, and the two candidates elected by the next highest number of votes shall be elected for two-year terms. Thereafter, beginning in September, 1984, all council members shall be elected for fouryear staggered terms. The governing authority of the City of Guyton holding office on the date this charter becomes effective under the provisions of the heretofore existing charter of said city shall continue as the governing authority of said city under this charter until successors are elected as herein provided. Section 8.14. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and pow ers shall continue beyond the time this charter takes effect for a period of 60 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transi tion. Section 8.15. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceed ings shall continue; and any such ongoing work or cases shall be dealt with by such city agencies, personnel, or office as may be provided by the city council. Section 8.16. Penalties. The violation of any provisions of this charter for which pen alty is not specifically provided for herein is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $500.00 or by imprisonment not to exceed 60 days, or by both such fine and imprisonment. Section 8.17. Construction, (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is intended to be mandatory and the word "may" is not. (c) The singular shall include the plural and the masculine the feminine and vice versa. Section 8.18. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. Section 8.19. Specific law repealed. An Act incorporating the City of Guyton in the County of Effingham, approved March 10, 1933 (Ga. Laws 1933, p. 952), is hereby repealed in its entirety; and all amendatory Acts thereto are likewise repealed in their entirety. Section 8.20. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. MONDAY, MARCH 22, 1982 2719 On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. The following Supplemental Report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, MARCH 22, 1982 Mr. Speaker and Members of the House: Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 22, 1982, by adding the following: HB 1144 Supplemental Appropriations: Fiscal Year Ending June 30, 1982 SB 712 Senate, Reapportionment Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect. Respectfully Submitted, /s/ Lee of the 72nd Chairman Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House and Senate were taken up for consideration and read the third time: SB 502. By: Senators Howard of the 42nd and Eldridge of the 7th: A BILL to amend the "Georgia Barber Act," so as to continue the Georgia State Board of Barbers and the laws relating thereto but to provide for the later termination of the board and those laws; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Argo Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Y Birdsong Y Bishop Bolster Y Branch YBray Brooks Buck Y Burruss Y Burton Byrd Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Connell Couch YCox Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis.B Y Davis.J Y Davis.L Dean Y Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott N Evans Y Felton Y Fortune Y Foster Fuller.C Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill Holmes Y Hooks Home Y Hutchinson Y Irvin 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 Y Kilgore Y Lambert Lane.D Y Lane.R Y Lawson YLee Y Logan Long Lord Lowe Lucas Y Mangum YMann Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery 2720 JOURNAL OF THE HOUSE, Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Phillips.B Y Phillips.L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell Y Savage Scott,A Scott,D Shepard N Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Swann Y Thomas Y Thompson Townsend Y Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams,B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood.J.T Workman Speaker Murphy On the passage of the Bill, the ayes were 125, nays 2. The Bill, having received the requisite constitutional majority, was passed. Representative Byrd of the 138th stated that he had been called from the floor of the House during the preceding vote. He wished to be recorded as voting "aye" thereon. SB 499. By: Senators Howard of the 42nd and Trulock of the 10th: A BILL to amend Code Section 84-1002, relating to the Board of Nursing, so as to continue the Georgia Board of Nursing and the laws relating thereto but to provide for the later termination of the board and such laws; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Aaron Adams.G Y Adams,J Y Adams,M Y Aiken Y Anderaon Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal Y Beck Y Benefield Benn Birdsong Y Bishop Bolster Y Branch Bray Brooks Buck Y Burruss Y Burton YByrd Y Cason Castleberry Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Collins Y Colwell Connell Couch YCox Crawford Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis,B Y Davis,J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Felton Y Fortune Foster Fuller.C Y Galer Y Ginsberg Glover Godbee Greer YHaro Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill Holmes Y Hooks Home Y Hutchinson Ylrvin 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 Y Kilgore Y Lambert Lane.D Y Lane.R Y Lawson YLee Y Logan YLong Y Lord Lowe Y Lucas Y Mangum YMann Marcus Y Martin Y Matthews McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T Y Phillips.W.R Y Pilewicz Pinkston Y Rainey Ralston Ramsey Randall Y Reaves Y Richardson Robinson YRose YRoss Rowland Y Russell On the passage of the Bill, the ayes were 124, nays 0. Y Savage Scott,A Scott,D Shepard Y Sherrod Y Sizemore Y Smith.T Smith,V Y Smyre YSnow Y Steinberg Y Swann Thomas Y Thompson Y Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Watson White Y Widener Y Williams,B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy MONDAY, MARCH 22, 1982 2721 The Bill, having received the requisite constitutional majority, was passed. HB 1144. By: Representatives Harris of the 8th, Ham of the 80th and Smith of the 152nd: A BILL To provide supplementary appropriations for the fiscal year ending June 30, 1982, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein; to confer certain responsibilities upon the Office of Planning and Budget; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1981, and ending June 30, 1982, as prescribed hereinafter for such fiscal year, and are in addition to any other appropriations heretofore or hereafter made for the operation of state government. Section 1. Legislative Branch. Budget Unit: Legislative Branch ...............,.............................................................$ 10.00 TOTAL SUPPLEMENTARY APPROPRIATION FISCAL YEAR 1981 - 1982........................,.............................................................$ 10.00 Section 2. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the forego ing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess as determined by the Office of Planning and Budget shall cease to be an obligation of the state. Section 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 Committee substitute was read: A BILL To provide supplementary appropriations for the fiscal year ending June 30, 1982, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein; to confer certain responsibilities upon the Office of Planning and Budget; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1981, and ending June 30, 1982, as prescribed hereinafter for such fiscal year, and are in addition to any other appropriations heretofore or hereafter made for the operation of state government. Section 1. Department of Medical Assistance. Budget Unit: Department of Medical Assistance ............................................................................................$ 7,500,000 For matching available Federal funds for the payment of Medicaid benefits 2722 JOURNAL OF THE HOUSE, TOTAL SUPPLEMENTARY APPROPRIATION FISCAL YEAR 1981 - 1982 .......................................... ...........................$7,500,000 Section 2. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the forego ing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess as determined by the Office of Planning and Budget shall cease to be an obligation of the state. Section 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 Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1144, designating Representative Harris of the 8th as Chairman thereof. The Speaker called the House to order. The Committee of the Whole arose and through its Chairman reported HB 1144 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by 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 Adams.G Y AdamsJ Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Y Birdsong Y Bishop Bolster Y Branch Bray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis,B Y Davis,J Y Davis.L Dean YDent Y Dixon YDobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover YGodbee Greer YHam Hamilton Y Banner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N Y Jacksbn.W Y Jessup Y Johnson.G Y Johnson.R Y Jones,B Y Jones,H Y Karrh YKemp Y Kilgore Y Lambert Lane.D Y Lane,R Y Lawson YLee YLogan YLong YLord Lowe Y Lucas Y Mangum YMann Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips,B Y Phillips.L.L Y Phillips.R.T Y Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Russell Y Savage Scott.A Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Vaughn Veazey MONDAY, MARCH 22, 1982 2723 Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.B J Williams.H 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 149, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Russell of the 64th requested that he be excused from voting on the passage of HB 1144, by substitute, due to a possible conflict of interest. SB 712. By: Senator Hudson of the 35th: A BILL to amend Code Section 47-102, relating to state senatorial districts, so as to change the composition of certain senatorial districts; to provide for the incorporation into the Official Code of Georgia Annotated; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderaon YArgo YAuten Balkcom Y Bargeron Baugh Beal YBeck Y Benefield Benn Birdsong Y Bishop Bolster Y Branch Bray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Cham Berlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark.L Y Colbert Coleman Y Collins Y Colwell Connell Couch YCoi Y Crawford Y Crosby Y Culpepper Cummings N Darden Daugherty Y Davis.B Davis,J Y Davis,L Dean YDent Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover YGodbee Greer YHam Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill Holmes Y Hooks Home Y Hutchinson Ylrvin 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 Y Karrh YKemp Kilgore Y Lambert Lane,D Lane.R Y Lawson YLee YLogan YLong YLord _ Lowe Lucas Y Mangum YMann Marcus Y Martin Y Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Moody Y Moore Mostiler Y Mullinax Y Nicholson YNil Oliver Y Padgett Par ham Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Reaves Y Richardson Y Robinson YRose YRoss Rowland Y Russell Y Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith,V Y Smyre YSnow Y Steinberg YSwann Y Thomas Y Thompson Y Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.B.J Williams.H Williams.R Y Wilson YWood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 127, nays 1. The Bill, having received the requisite constitutional majority, was passed. SB 660. By: Senators Foster of the 50th, Starr of the 44th, Tate of the 38th and others: A BILL to amend Chapter 7 of Title 20, relating to the Georgia Educational Improvement Council, so as to change the name of said agency to the Legisla tive Educational Research Council; and for other purposes. 2724 JOURNAL OF THE HOUSE, The following Committee substitute was read and adopted: A BILL To amend Chapter 7 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Educational Improvement Council, so as to change the name of said agency to the Legislative Educational Research Council; to change the provisions relative to cover age of employees under the State Merit System of Personnel Administration; to provide for other matters relative thereto; to amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions under the Teachers Retirement System, so as to delete a reference therein to the Georgia Educational Improvement Council; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 7 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Educational Improvement Council, is amended by striking subsection (a) of Code Section 20-7-1 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) There is created as an agency of the legislative branch of the state government the Georgia Legislative Educational Improvement Research Council, referred to in this chapter as 'the council,' which shall be composed of ten members, as follows: the Presi dent of the Senate, the Speaker of the House of Representatives, two Representatives appointed by the Speaker, two Senators appointed by the President of the Senate, the chairman of the Elementary and Secondary Education Committee of the Senate, the chairman of the University System of Georgia Committee of the Senate, the chairman of the Education Committee of the House, and the chairman of the University System of Georgia Committee of the House of Representatives. The members shall serve for the term of office for which they were elected as members of the General Assembly, and any vacancy occurring during such term shall be filled by appointment of the President in the case of Senators and by appointment of the Speaker in the case of Representatives. Any such member shall be eligible for reappointment in the event he continues to be a member of the General Assembly. Successors to initial members and all future succes sors shall serve for the term for which they were elected to membership in the General Assembly." Section 2. Said Chapter 7 is further amended by striking subsection (b) of Code Sec tion 20-7-3 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: "(b) The council is authorized to employ an executive director and such other per sonnel as may be necessary to carry out the duties of the council. The executive director and other employees of the council shall be under the Employees' Retirement System, and; except for the executive director, the but only secretarial and clerical employees shall be under the State Merit System of Personnel Administration." Section 3. Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions under the Teachers Retirement System, is amended by striking subparagraph (Q) of paragraph (28) which reads as follows: "(Q) The director and any associate directors of the Georgia Educational Improve ment Council. The council shall pay the required employer contributions;", in its entirety. Section 4. This Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. MONDAY, MARCH 22, 1982 2725 On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Atgo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Bonn Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Y Coleman Y Collins Colwell Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis,B Y Davis,J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Fuller.C Y Galer Ginsberg Glover Y Godbee Greer YHam Hamilton Y Banner Y Harris Harrison Y Hasty Y Hawkins YHays YHill Holmes Y Hooks Y Horne 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 Y Karrh Kemp Y Kilgore Y Lambert Lane.D Y Lane,R Y Lawson YLee Y Logan Long YLord Lowe Lucas Y Mangum YMann Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Y Phillips.R.T Y Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.B.J Williams.H 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 137, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 604. By: Senators Greene of the 26th, Fincher of the 54th, Brantley of the 56th and others: A BILL to amend Code Chapter 84-9, relating to the Composite State Board of Medical Examiners, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and those laws; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Chapter 84-9, relating to the Composite State Board of Medical Examiners, as amended, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and those laws; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and orthotists, so as to provide for the same change described above as well as to provide for a Physician's Assistants Advisory Committee and its duties and functions; to provide for a physician's assistant advisor to the Composite State Board of Medical Examiners who shall serve ex officio without a vote; to provide for license display by doctors of medicine; to remove certain prohibitions regarding corporate practice by doctors of medicine; to repeal Article 3 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, 2726 JOURNAL OF THE HOUSE, known as the "Orthotists Practice Act"; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Chapter 84-9, relating to the Composite State Board of Medical Examiners, as amended, is amended by adding at the end of Code Section 84-902 a new subsection (d) to read as follows: "(d) Pursuant to Section 9 of 'The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Composite State Board of Medical Examiners and the laws relating thereto are hereby continued until July 1, 1988, at which time the Board shall be terminated. Upon its termination, the Board shall con tinue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the Board shall not be reduced or otherwise limited. The laws relative to the Board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the Board shall stand repealed in their entirety. During the termination period, the Board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the Board." Part 2 Section 2.'Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and orthotists, is amended by striking Code Section 43-34-2 in its entirety and inserting in lieu thereof a new Code Section 43-34-2 to read as follows: "43-34-2. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Composite State Board of Medical Examiners shall be terminated on July 1, 1082 1988, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8." Section 3. Said chapter is further amended by adding a new subsection (e) at the end of Code Section 43-34-21 to read as follows: "(e) (1) The board shall appoint a Physician's Assistants Advisory Committee com posed of four physicians, at least two of whom shall be members of the board, and four certified physician's assistants, who shall each serve for terms of office of two years and until their successors are appointed and qualified. The committee shall review matters to come before the board which relate to physician's assistants, includ ing but not limited to applicants for physician's assistant certification and recertification and education requirements therefor, and proposed board regulations concerning physician's assistants. The committee shall periodically make recommenda tions to the board regarding matters reviewed. The members of the advisory commit tee, except for the physicians who are members of the board, shall receive no compensation, allowances, or expenses. (2) The committee shall appoint a physician's assistant in an advisory capacity to the board. The advisory person shall serve at the pleasure of the committee as an ex officio advisor to the board in all matters relating to physician's assistants and shall share in the privileges and benefits of the board without a vote." Section 4. Said chapter is further amended by adding a new subsection (c) at the end of Code Section 43-34-35 to read as follows: "(c) Every person holding a license issued by the board under this article shall dis play it in a conspicuous place in the licensee's principal place of practice." Section 5. Said chapter is further amended by striking paragraph (9) of subsection (a) of Code Section 43-34-37 in its entirety and inserting in lieu thereof a new paragraph (9) to read as follows: MONDAY, MARCH 22, 1982 2727 "(9) Knowingly maintained a professional connection or association with any person who is in violation of this chapter or the rules or regulations of the board; or knowingly aided, assisted, procured, or advised any person to practice medicine contrary to this chapter or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or entity to practice medicine; or divided fees or agreed to divide fees received for pro fessional services with any person, firm, association, corporation, or other entity for bringing or referring a patient; er engaged in the practice ef medicine as a officer or employee ef-any corporation ether than ee organized and existing pursuant te Chapter W ef Title 44; th 'Georgia Professional Association Aetp or Chapter ? ef Titte 44-, 4he 'Georgia Professional Corporation Act,' except as a licensed physician, er Hrter; er resi dent ef a hospital er teaching institution licensed by this atatc;". Section 6. Article 3 of Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, known as the "Orthotists Practice Act," is repealed in its entirety. Part3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by 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 Adams.G Y Adanu,J Y Adams,M Y Aiken Y Anderaon YArgo Auten Y Balkcom Y Bargeron YBaugh Bed YBeck Y Benefield Benn Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Y Clark,L Y Colbert Y Coleman Y Collins Y Colwell Connell Couch COT Crawford Y Crosby Y Culpepper Cummings Y Darden Daugherty Y Davis,B Y Davis,J Y Davis,L Dean YDent Y Diion Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Foster Fuller.C YGaler Y Ginsberg Glover YGodbee Greer YHam Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill Holmes Y Hooks Home Y Hutchinson Ylrvin Y Isakson Y Jackson.J Y Jackson,N Y Jackson.W Y Jessup Y Johnson,G Johnson.R Y Jones.B Y Jones,H Y Karrh YKemp Y Kilgore Y Lambert Lane.D Y Lane,R Y Lawson YLee YLogan Long Lord Lowe Lucas Y Mangum Mann Marcus Y Martin Y Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNU Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston YRamsey Randall Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Y Savage Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V YSmyre YSnow Y Steinberg Y Swann Y Thomas Thompson Y Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker YWall Y Ware Y Watson White Y Widener Y Williams,B.J Williams.H Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy 2728 JOURNAL OF THE HOUSE, On the passage of the Bill, by substitute, the ayes were 132, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 312. By: Senator Horton of the 17th: A BILL to amend Code Chapter 56-3, relating to the general requirements for doing business as an insurer in this state, so'as to require all insurance contracts and policies to be written in simplified and plain language; to provide for enforcement; to provide for remedies; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the general requirements for transacting insurance in this state, so as to provide that all individual policies, contracts, group insurance certificates, and pertinent informational booklets relating to life insurance, accident and sickness insurance, credit life insurance, and credit health insurance issued for delivery in this state shall be written in simplified and plain language; to authorize the Commissioner to prescribe rules and regulations rela tive thereto; to authorize the use of the "Flesch reading ease test"; to provide for applica bility; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the general requirements for transacting insurance in this state, is amended by redesignating Code Section 33-3-25 as Code Section 33-3-26 and inserting in lieu thereof a new Code section to be designated Code Section 33-3-25 to read as follows: "33-3-25. (a) All individual life or accident insurance policies, all certificates of group life or accident and sickness insurance coverage, and all coverage booklets pro vided to group life or accident and sickness insurance certificate holders which are issued, delivered, issued for delivery, amended, or renewed in this state on and after January 1, 1984, shall be written in a simplified form, shall be divided into logically arranged, captioned sections, and shall contain readable language which complies with the standards prescribed in such rules and regulations as may be promulgated by the Insurance Commissioner after due notice and hearing. (b) In establishing the policy language simplification and reading ease standards for such policies, certificates, and coverage booklets, the Insurance Commissioner may uti lize a minimum score of 40 on the 'Flesch reading ease test' as the basic standard or such other nationally recognized reading ease standards or tests as would produce com parable policy language simplification and readability results and he may also provide for exceptions thereto by appropriate rules and regulations. (c) This Code section shall apply to all insurers transacting life or accident and sick ness insurance in this state, including all insurers, nonprofit corporations, or other orga nizations issuing policies or contracts of life or accident and sickness coverage under Chapters 15, 18, 19, 20, 21, 29, or 30 of Title 33." Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: MONDAY, MARCH 22, 1982 2729 Y Aaron Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson YArgo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefleld YBenn Birdsong Y Bishop Y Bolster Y Branch YBray Brooks "Buck Y Burruss Y Burton Byrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Connell Couch Cox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis.B Y Davis,J Y Davis.L Dean YDent Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Fortune Foster Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Y Manner Y Harris Y Harrison Y Hasty Hawkins YHays YHill Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J 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 Long YLord YLowe Y Lucas Mangum YMann Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Moody Y Moore Y Mostiler Y Mullinax Y Nicholson Y Nix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Y Savage Scott,A Y Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y 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 White Y Widener Y Williams,B.J Williams.H 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 137, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 701. By: Senators Greene of the 26th and Ballard of the 45th: A BILL to amend Code Section 27-401, relating to persons who may hold courts of inquiry generally, so as to provide that judges of probate courts who are licensed attorneys at law may hold courts of inquiry; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. An amendment, offered by Representative Pinkston of the 100th, was read and with drawn. The following amendments were read and adopted: Representative Ham of the 80th moves to amend SB 701 by striking the words "who are licensed attorneys at law" on lines 3 and 4 of page 1 and by striking the words "who is also a licensed attorney at law" on line 16 of page 1 and lines 4 and 5 of page 2. Representative Davis of the 99th moves to amend SB 701 by deleting all words on line 21, page 1 and line 10, page 2 after the word "by" and inserting in lieu thereof the following: "as provided by law". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. 2730 JOURNAL OF THE HOUSE, On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y AdamsJ Y AdamsJM Y Aiken Y Anderson YArgo YAuten Y Balkcom Y Bargeron YBaugh YBeal YBeck Y Benef.eld Benn Y Birdsong Bishop Y Bolster Y Branch YBray Y Brooks YBuck YBurruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers ChUds Clark.B Y Clark,L Colbert Y Coleman Collins Y Colwell Connell Y Couch NCoi Y Crawford N Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis.B Y Davis,J Davis.L Dean YDent Y Diion Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Foster Y Fuller.C Y Galer Ginsberg Glover N Godbee Greer YHam Y Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins Hays YHill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin 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 YKarrh YKemp Y Kilgore Y Lambert Y Lane,D Y Lane,R Y Lawson YLee YLogan Long YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Moody Y Moore Y Mostiler Y Mullinai Y Nicholson YNix Y Oliver Y Padgett YParham Patten N Perry Y Peters Y Phillips.B Y Phillips,L.L Y Phillips,R.T N Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Reaves Y Richardson Y Robinson YRose NRoss Y Rowland Y Russell Y Savage Scott,A Scott,D Y Shepard N Sherrod Y Sizemore Y Smith,T Smith.V Y Smyre YSnow Y Steinberg YSwann Y Thomas Y Thompson Townsend Y Triplett YTuten N Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams,B.J Y Williams,H Williams.R Y Wilson YWood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, as amended, the ayes were 137, nays 8. The Bill, having received the requisite constitutional majority, was passed, as amended. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has agreed to the House substitute, as amended by the Senate, to the fol lowing Bills of the Senate: SB 653. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to amend an Act placing the clerk of superior court and probate judge of Glynn County on an annual salary, so as to change the provisions relating to the compensation of the clerk and the clerk's personnel; and for other purposes. SB 692. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to amend an Act placing the Sheriff of Glynn County on an annual salary, so as to change the provisions relating to the compensation of the sheriff and deputies and other personnel of the sheriff; to change the provisions relating to automobiles and other expenses for the sheriffs office; and for other purposes. Representative Burton of the 47th arose to a point of personal privilege and addressed the House. MONDAY, MARCH 22, 1982 2731 Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 720. By: Senator Starr of the 44th: A BILL to amend an Act known as the "Statewide Prohibition Act," so as to provide for a special term of probation for persons convicted of certain violations of the "Georgia Controlled Substances Act" in addition to any term of imprisonment; to provide for additional years of special probation for second or subsequent offenders; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams,J Y Adams.M Y Aiken Anderson Y Argo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark,B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Connell Y Couch YCox Y Crawford Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis,B Y Davis,J Y Davis.L YDean YDent Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Foster Fuller.C Y Galer Ginsberg Y Glover Y Godbee Greer YHam Hamilton Y Banner Y Harris Y Harrison Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin Y Isakson Y Jackson.J Y Jackson.N Y Jackson, W Jessup Y Johnson.G Y Johnson.R Jones.B Y Jones.H Y Karrh Kemp Y Kilgore Y Lambert Y Lane,D Y Lane.R Y Lawson YLee Y Logan Long YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Y Pinkston Rainey Y Ralston Y Ramsey Y Randall Y Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell Y Savage Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Watson White Y Widener Y Williams.B.J Y Williams.H Williams.R Y Wilson Y Wood.J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 149, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 593. By: Senator Scott of the 43rd: A BILL to amend Code Section 56-2419, relating to construction of insurance policies, so as to provide that no other laws shall be construed to abrogate any insurer's rights or duties under policies of insur ance or provisions of policies of insurance which have been approved by the Insurance Commissioner of the State of Georgia; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following amendments were read and adopted: Representative Davis of the 99th moves to amend SB 593 by adding a new paragraph to part 1, section 1, to section 2, to section 3 part 2, and to section 4 to read as follows: 2732 JOURNAL OF THE HOUSE, "In the event the insurer denies coverage and it is determined by declaratory judg ment or other civil process that there is in fact coverage, the insurer shall be liable to the insured for legal cost and attorney's fees as may be awarded by the court. Representatives Kemp of the 139th, Davis of the 99th and Hill of the 127th move to amend SB 593 by adding on line 22 of page 1 after the following: "obligations;", the following: "to provide for conditions and exceptions;". By adding between lines 24 and 25 of page 2, between lines 14 and 15 of page 3, between lines 5 and 6 of page 4, and between lines 29 and 30 of page 4 the following: "(c) Subsections (a) and (b) of this Code section shall not operate to deny coverage for failure to send a copy of a summons or other process relating to policy coverage if such documents are sent by a third party to the insurer or to the insurer's agent and are sent by certified mail. If the name of the insurer or the insurer's agent is unknown, the insured or third party shall have a period of 30 days from the date the insurer or agent becomes known in which to send these required documents." The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: N Aaron N Adams,G Y Adams,J N Adams.M N Aiken N Andereon N Aigo Y Auten N Balkcom Y Bargeron N Baugh NBeal NBeck N Benefield YBenn N Birdsong N Bishop Y Bolster N Branch NBray N Brooks YBuck Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless N Chance N Cheeks N Childers Y Childs Clark.B N Clark,L N Colbert Y Coleman N Collins Colwell Connell N Couch YCox Y Crawford N Crosby N Culpepper N Cummings N Darden N Daugherty Y Davis,B Y Davis,J Y Davis,L NDean N Dent Dixon Y Dobbs N Dover Y Edwards N Elliott Y Evans Felton Y Fortune N Foster Y Fuller.C NGaler Y Ginsberg N Glover N Godbee Greer NHam Hamilton N Hanner N Harris N Harrison Y Hasty N Hawkins YHays NHill N Holmes Y Hooks N Home Y Hutchinson Irvin N Isakson Y Jackson,J N Jackson.N N Jackson, W Y Jessup Y Johnson,G N Johnson,R Y Jones,B Y Jones.H Karrh YKemp N Kilgore Y Lambert N Lane,D N Lane.R N Lawson YLee Logan Long YLord NLowe Lucas N Mangum NMann Y Marcus N Martin N Matthews Y McCollum N McDonald McKinney Miles Y Milford N Montgomery N Moody N Moore N Mostiler N Mullinax Y Nicholson NNix N Oliver Y Padgett N Parham Patten Y Perry Y Peters Phillips,B Phillips,L.L Y Phillips.R.T N Phillips.W.R Y Pilewicz Pinkston Y Rainey N Ralston N Ramsey N Randall N Reaves N Richardson Robinson YRose Ross Y Rowland N Russell On the passage of the Bill, as amended, the ayes were 64, nays 86. Y Savage N Scott,A N Scott,D Shepard Y Sherrod N Sizemore N Smith.T Smith.V Y Smyre YSnow N Steinberg Y Swann N Thomas N Thompson N Townsend Y Triplett Y Tuten Y Vandiford Vaughn Y Veazey N Waddle N Walker Y Wall Y Ware Watson White Widener Y Williams.B.J N Williams.H Williams.R Y Wilson N Wood,J Y Wood,J.T N Workman Speaker Murphy MONDAY, MARCH 22, 1982 2733 The Bill, as amended, having failed to receive the requisite constitutional majority, was lost. Representative Wood of the 9th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to SB 593, as amended. The following Resolution of the House was read and adopted: HR 869. By: Representatives Beal of the 28th, Couch of the 43rd, Marcus of the 26th, Dean of the 29th, Fuller of the 27th and others: A RESOLUTION commending Dr. Lee P. Brown; and for other purposes. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate insists on its amendment to the following Resolution of the House: HR 510. By: Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 21st and Lee of the 72nd: A RESOLUTION to amend Resolution Act No. 1 (House Resolution No. 4), adopted at the 1981 Extraordinary Session of the General Assembly, which resolution proposes a new Constitution for the State of Geor gia to be presented to the people for ratification or rejection at the general elec tion in 1982, so as to make a technical change regarding the pardon or parole of persons convicted of armed robbery and delete certain references to earned time; and for other purposes. The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 1252. By: Representative Watson of the 114th: A BILL to amend Code Chapter 5A-25, relating to state license requirements and regulations for manufacture, distribu tion, and package sales business; to amend the Official Code of Georgia Anno tated accordingly; and for other purposes. The President has appointed on the part of the Senate the following: Senators Greene of the 26th, Robinson of the 27th, and Eldridge of the 7th. The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same: HR 510. By: Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 21st and Lee of the 72nd: A RESOLUTION to amend Resolution Act No. 1 (House Resolution No. 4), adopted at the 1981 Extraordinary Session of the General Assembly, which resolution proposes a new Constitution for the State of Geor gia to be presented to the people for ratification or rejection at the general elec tion in 1982, so as to make a technical change regarding the pardon or parole of persons convicted of armed robbery and delete certain references to earned time; and for other purposes. Representative Connell of the 87th moved that the House insist on its position in dis agreeing to the Senate amendment to HR 510 and that a Committee of Conference be 2734 JOURNAL OF THE HOUSE, appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Connell of the 87th, Burruss of the 21st, and Lee of the 72nd. The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto: HB 1450. By: Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th, Ross of the 76th, Lee of the 72nd, and others: A BILL to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negli gence in tort cases, so as to provide for liability of parents and persons in loco parentis for damage to public school property willfully or maliciously caused by children; and for other purposes. The following Senate substitute was read: A BILL To amend an Act relating to liability for malicious acts of children, approved March 10, 1966 (Ga. L. 1966, p. 424), as amended, so as to change the persons who may be liable for certain acts; to change the maximum amount of liability; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act relating to liability for malicious acts of children, approved March 10, 1966 (Ga. L. 1966, p. 424), as amended, is amended by replacing Section 1 with a new section to read as follows: "Section 1. Every parent or guardian er ether person m leee parentis having the cus tody and control over a minor child or children under the age of eighteen shall be liable in an amount not to exceed five hundred dollars ($600.00) $5,000.00 plus court costs for the willful or malicious acts of said minor child or children resulting in damage to the property of another. This Act shall be cumulative and shall not be restrictive of any remedies now available to any person, firm or corporation for injuries or damages arising out of the acts, torts or negligence of a minor child under the 'family-purpose car doc trine' or any statutes now in force and effect in the State of Georgia." Part 2 Section 2. Code Section 51-2-3 of the Official Code of Georgia Annotated, relating to liability for malicious acts of children, is amended by replacing subsection (a) with a new subsection to read as follows: "(a) Every parent or guardian er ether persen i teee parcntis having the custody and control over a minor child or children under the age of 18 shall be liable in an amount not to exceed $600.00 $5,000.00 plus court costs for the willful or malicious acts of the minor child or children resulting in damage to the property of another." MONDAY, MARCH 22, 1982 2735 PartS Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Walker of the 115th moved that the House agree to the Senate substi tute to HB 1450. On the motion, the roll call was ordered -and the vote was as follows: Y Aaron Y Adams.G Y Adams,J N Adams.M Y Aiken Anderson Argo Y Auten Y Balkcom N Bargeron Y Baugh YBeal YBeck Y Benefield YBenn N Birdsong Y Bishop Y Bolster Y Branch NBray Brooks Buck Y Burruss Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Charnbless Y Chance Y Cheeks Y Childers N Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Y CoIweU ' Y Connell Couch Cox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Y Daugherty N Davis.B Y Davis,J Y Davis,L Dean YDent Y Dixon Y Dobbs Y Dover Edwards Y Elliott N Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer NHam Hamilton Y Manner Y Harris Y Harrison Hasty N Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson.J Y Jackson,N Y Jackson, W Y Johnson.G Y Johnson.R Jones.B Jones.H N Karrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane,R Y Lawson YLee Logan Long YLord YLowe Lucas Y Mangum YMann Marcus Y Martin On the motion, the ayes were 126, nays 14. The motion prevailed. Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Y Phillips,R.T Y Phillips.W.R Y Pilewicz Y Pinkston Rainey Y Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson NRose NRoss Rowland Russell Y Savage Scott.A Y Scott.D Y Shepard Y Sherrod Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Thomas Y Thompson Y Townsend Y Triplet! YTuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams,B.J N Williams.H Williams.R Y Wilson Y WoodJ Y 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 insists on its substitute to the following Bill of the House: HB 1337. By: Representatives Lambert of the 112th and Argo of the 63rd: A BILL to amend Chapter 42-5 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to provide that persons convicted of crimes whose confinement shall be served in institutions under the control of 2736 JOURNAL OF THE HOUSE, the Department of Offender Rehabilitation shall not remain in confinement in local prison facilities while their conviction is on appeal; to change the provi sions relative to the delivery of custody of inmates to the Department of Offender Rehabilitation; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto: HB 1363. By: Representative Galer of the 97th: A BILL to amend an Act establishing a State Board for the Certification of Librarians, to define certain terms; and for other purposes. The following Senate amendment was read: Amend HB 1363 by striking on Page 7, lines 22 and 23, the following: "with the approval of the Secretary of State". Representative Galer of the 97th moved that the House agree to the Senate amend ment to HB 1363. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Adams,M Y Aiken Anderson Argo Y Auten Y Balkcom Bargeron Y Baugh YBeal YBeck Benefield YBenn Birdsong Y Bishop Bolster Y Branch YBray Brooks Buck Y Burruss Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Y Colbert Y Coleman Collins Y Colwell Connell Couch Cox Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Davis.B Y Davis,J Y Davis,L Dean YDent Y Dixon Y Dobbs Y Dover Edwards Y Elliott Evans Y Felton Fortune Y Foster Y FulIer.C Y Galer Ginsberg Glover Y Godbee Greer YHam Hamilton Hanner Harris Y Harrison Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson,N Y Jackson.W Y Jessup Y Johnson,G Johnson,R Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson YLee Logan Long YLord YLowe Lucas Y Mangum YMann Marcus Y Martin On the motion, the ayes were 119, nays 0. The motion prevailed. Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips,B Phillips.L.L Y Phillips,R.T Y Phillips.W.R Y Pilewicz Pinkston Rainey Y Ralston Ramsey Randall Reaves Y Richardson Y Robinson YRose Y Ross Y Rowland Russell Y Savage Scott,A Y Scott,D Y Shepard Y Sherrod Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y Williams.BJ Williams,H Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto: MONDAY, MARCH 22, 1982 2737 HB 610. By: Representatives Bolster of the 30th, Tuten of the 153rd, Wall of the 61st and others: A BILL to amend Code Title 24A, known as the "Juvenile Court Code of Georgia," so as to change the circumstances under which juvenile courts and superior courts have concurrent jurisdiction over delinquent acts which constitute certain crimes; to change the definition of the term "desig nated felony act"; and for other purposes. The following Senate substitute was read: A BILL To amend Code Chapter 24A-23A, relating to designated felony acts under the "Juve nile Court Code of Georgia," so as to change the definition of the term "designated felony act"; to specify when restrictive custody shall be mandatory; to amend Code Chapter 24A-25, relating to transfers from juvenile courts to other courts for criminal prosecution, so as to specify when proceedings shall be transferred to superior court for criminal prose cution; to provide for all related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Chapter 24A-23A, relating to designated felony acts under the "Juvenile Court Code of Georgia," is amended by replacing Code Section 24A-2301A with a new Code section to read as follows: "24A-2301A. Definition. 'Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes: (1) Murder, rape, kidnapping, or arson in the first degree, if done by a juvenile 13 or more years of age; (2) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson in the second degree, aggravated battery, robbery, or armed robbery, if done by a juvenile 13 or more years of age; (3) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age; (4) Burglary, if done by a juvenile 13 or more years of age who has previously been adjudicated delinquent for an act which, if done by an adult, would have been the crime of burglary. 'Intensive Supervision' means monitoring of a youth's activities on a more frequent basis than regular Aftercare Supervision pursuant to regulations of the director of the division. 'A carefully arranged and monitored home visit' shall mean a home visit during which the youth shall be monitored by appropriate personnel of the Division of Youth Services designated pursuant to regulations of the director of the division." Section 2. Said chapter is further amended by replacing subsection (c) of Code Sec tion 24A-2302A with a new subsection to read as follows: "(c) Notwithstanding the provisions of subsection (b) of this section, the court shall order restrictive custody in any case where the : (1) The juvenile is found to have committed a designated felony act which would have constituted the crime of burglary if done by an adult and has two or more times previously been found to be delinquent because of commission of an act which would have constituted the crime of burglary if done by an adult." Section 3. Code Chapter 24A-25, relating to transfers from juvenile courts to other courts for criminal prosecution, is amended by adding a new Code Section 24A-2502 to read as follows: "24A-2502. Mandatory transfers, (a) After a petition has been filed alleging that a child 15 years of age or older has committed a designated felony act, the court shall follow the procedure specified in this Code section if the designated felony act alleged 2738 JOURNAL OF THE HOUSE, to have been committed would have constituted the crime of burglary if done by an adult and the child has been found to have committed acts which would have consti tuted the crime of burglary if done by an adult on three or more previous occasions. (b) If this Code section applies, the court shall hold a hearing in conformity with Code Sections 24A-1801, 24A-2001, and 24A-2002. Notice shall be given in writing of the time, place, and purpose of the hearing to the child and his parents, guardian, or other custodian at least three days before the hearing. (c) If at the hearing the court determines that there are reasonable grounds to believe that the child committed the designated felony act alleged, the court shall trans fer the offense to superior court for prosecution. The transfer terminates the jurisdiction of the juvenile court over the child with respect to the designated felony act alleged. The transfer order shall constitute a determination by a court of inquiry that there is proba ble cause to commit the child as a defendant to the criminal court competent to try him. After such a transfer, until and unless a judgment of guilt is entered and sentence pro nounced, the child shall be detained as a juvenile and only as provided in subsection (a) of Code Section 24A-1403. (d) Upon the transfer of any matter to superior court under this Code section, the District Attorney may after investigation report to the judge that the matter should be retransferred to juvenile court; and the superior court may upon such a report or on its own motion order the matter retransferred to juvenile court. After such a retransfer, the provisions of subsection (c) of Code Section 24A-2302A shall apply as in other cases." Part 2 Section 4. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, is amended by replacing paragraph (2) of subsection (a) of Code Section 15-11-37 with a new paragraph to read as follows: "(2) 'Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes: (A) Murder, rape, kidnapping, or arson in the first degree, if done by a juvenile 13 or more years of age; (B) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson in the second degree, aggravated battery, robbery, or armed robbery, if done by a juvenile 13 or more years of age; ef (C) Attempted murder or kidnapping, if done by a juvenile 13 or more years of ager; or (D) Burglary, if done by a juvenile 13 or more years of age who has previously been adjudicated delinquent for an act which, if done by an adult, would have been the crime of burglary." Section 5. Said chapter is further amended by replacing subsection (d) of Code Sec tion 15-11-37 with a new subsection to read as follows: "(d) Notwithstanding subsection (c) of this Code section, the court shall order restrictive custody in any case where the juvenile is found to have committed a desig nated felony act in which the : (1) The juvenile is found to have committed a designated felony act and has two or more times previously been found to have committed the same designated felony act; or (2) The juvenile is found to have committed a designated felony act which would have constituted the crime of burglary if done by an adult and has two or more times previously been found to be delinquent because of commission of an act which would have constituted the crime of burglary if done by an adult." Section 6. Said chapter is further amended by adding a new Code Section 15-11-39.1 to read as follows: "15-11-39.1. (a) After a petition has been filed alleging that a child has committed a designated felony act, the court shall follow the procedure specified in this Code sec tion if the designated felony act alleged to have been committed would have constituted MONDAY, MARCH 22, 1982 2739 the crime of burglary if done by an adult and the child has been found to have commit ted acts which would have constituted the crime of burglary if done by an adult on three or more previous occasions. (b) If this Code section applies, the court shall hold a hearing in conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31. Notice shall be given in writing of the time, place, and purpose of the hearing to the child and his parents, guardian, or other custodian at least three days before the hearing. (c) If at the hearing the court determines that there are reasonable grounds to believe that the child committed the designated felony act alleged, the court shall trans fer the offense to superior court for prosecution. The transfer terminates the jurisdiction of the juvenile court over the child with respect to the designated felony act alleged. The transfer order shall constitute a determination by a court of inquiry that there is proba ble cause to commit the child as a defendant to the criminal court competent to try him. After such a transfer, until and unless a judgment of guilt is entered and sentence pro nounced, the child shall be detained as a juvenile and only as provided in subsection (a) of Code Section 15-11-20. (d) Upon the transfer of any matter to superior court under this Code section, the district attorney may after investigation report to the judge that the matter should be retransferred to juvenile court; and the superior court may upon such a report or on its own motion order the matter retransferred to juvenile court. After such a retransfer, the provisions of subsection (d) of Code Section 15-11-37 shall apply as in other cases." Part3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Bolster of the 30th moves to amend the Senate substitute to HB 610 by adding after the word "delinquent" on line 7 of page 2 the following: "at separate court appearances". By striking all of quoted subsection (c) on lines 21 through 30 of page 2 and inserting in lieu thereof the following: '"(c) Notwithstanding the provisions of subsection (b) of this section, the court shall order restrictive custody in any case where the : (1) The juvenile is found to have committed a designated felony act in which the juvenile inflicted serious physical injury upon another person who is 62 years of age or more; or (2) The juvenile is found to have committed a designated felony act which would have constituted the crime of burglary if done b^ an adult and has two or more times previously been found to be delinquent because of commission of an act which would have constituted the crime of burglary if done by an adult.'" By adding after the word "found" on line 10 of page 3 the following: "at separate court appearances". By striking the word "may" on line 34 of page 3 and inserting in lieu thereof the fol lowing: "shall". By striking the word "that" on line 1 of page 4 and inserting in lieu thereof the fol lowing: 2740 JOURNAL OF THE HOUSE, "whether". By adding after the word "delinquent" on line 29 of page 4 the following: "at separate court appearances". By striking all of quoted subsection (d) on lines 1 through 15 of page 5 and inserting in lieu thereof the following: '"(d) Notwithstanding subsection (c) of this Code section, the court shall order restrictive custody in any case where the juvenile is found to have committed a desig nated felony act in which the : (1) The juvenile inflicted serious physical injury upon another person who is 62 years of age or more] or (2) The juvenile is found to have com mitted a designated felony act which would have constituted the crime of burglary if done by an adult and has two or more times previously been found to be delinquent because of commission of an act which would have constituted the crime of burglary if done by an adult.'" By adding after the word "child" on line 19 of page 5 the following: "15 years of age or older". By adding after the word "found" on line 24 of page 5 the following: "at separate court appearances". By striking the word "may" on line 16 of page 6 and inserting in lieu thereof the fol lowing: "shall". By striking the word "that" on line 17 of page 6 and inserting in lieu thereof the fol lowing: "whether". Representative Bolster of the 30th moved that the House agree to the Senate substi tute, as amended by the House, to HB 610. 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 Anderson Argo Y Auten Y Baikcom Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Branch YBray Brooks Buck Y Burruss Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Collins Colwell Y Connell Y Couch YCox Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daughterly Davis.B Y Davis,J Y Davis.L Dean YDent Y Dixon Dobbs Y Dover Edwards Y Elliott Evans Y Felton Y Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Y Manner Y Harris Harrison Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N Jackson.W Y Jessup Y Johnson,G Johnson.R Y Jones.B Jones,H Y Karrh Y Kemp Y Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson YLee Logan Long YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Y Phillips.R.T Y Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston MONDAY, MARCH 22, 1982 2741 Ramsey Y Randall Y Reaves Y Richardson Robinson Y Rose Y Ross Y Rowland Russell Y Savage Scott,A Y Scott,D Y Shepard Y Sherrod Sizemore Y Smith.T Smith.V Smyre Y Snow Y Steinberg Swann Thomas Y Thompson Y Townsend Y Triplett Tuten Twiggs On the motion, the ayes were 129, nays 0. The motion prevailed. Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.B.J Y Williams.H Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy The following Bills of the Senate were taken up for the purpose of considering the Senate amendments to the House substitutes thereto: SB 653. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to amend an Act placing the clerk of superior court and probate judge of Glynn County on an annual salary, so as to change the provisions relating to the compensation of the clerk and the clerk's personnel; and for other purposes. The following Senate amendment to the House substitute was read: Amend the House substitute to SB 653 by striking Section 2 and inserting in lieu thereof the following: "Section 2. Said Act is further amended by striking paragraph (2) of subsection (a) of Section 5 in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: '(2) The base annual salary of the persons employed by the clerk shall be fixed by the clerk within the following amounts: chief deputy .....................................................................................$15,500.00 to $19,500.00 12 deputy clerks ...............................................................................$ 8,500.00 to $14,980.00 The salaries of such personnel and their maximum salaries may be increased annually by the clerk of superior court by a percentage factor not to exceed the amount of the most recent annual cost-of-living increase granted to employees of the Glynn County governing authority. The clerk may also hire any additional personnel required to be hired by order of the Superior Court of Glynn County.'" Representative Auten of the 154th moved that the House disagree to the Senate amendment to the House substitute to SB 653. The motion prevailed. SB 692. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to amend an Act placing the Sheriff of Glynn County on an annual salary, so as to change the provisions relating to the compensation of the sheriff and deputies and other personnel of the sheriff; to change the provisions relating to automobiles and other expenses for the sheriffs office; and for other purposes. The following Senate amendment to the House substitute was read: Amend the House substitute to SB 692 by adding after the word "office" on line 3 of page 2 the following: ", except that the sheriff may annually without the approval of the county governing authority grant to such personnel a cost-of-living increase not to exceed the amount of 2742 JOURNAL OF THE HOUSE, the most recent annual cost-of-living increase granted to the employees of the county governing authority". By striking all matter on lines 11 through 19 of page 3 and inserting in lieu thereof the following: "(2) The governing authority of Glynn County shall provide for the sheriff and his deputies at least 6 police equipped automobiles by December 31, 1982, and at least 6 additional police equipped automobiles by December 31, 1983. All expenses connected with such automobiles shall be paid from county funds. Neither the car allowance nor mileage allowance provided for by paragraph (1) of this section shall apply to the sheriff or any deputy who is furnished an automobile as provided herein." By striking from line 25 of page 3 the word "may" and inserting in lieu thereof the word "shall". Representative Auten of the 154th moved that the House disagree to the Senate amendment to the House substitute to SB 692. The motion prevailed. The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto: HB 1585. By: Representatives Karrh of the 106th, Coleman of the 118th, Hanner of the 130th, Jackson of the 77th, Colbert of the 23rd, and others: A BILL to amend Code Section 26-2914, relating to the possession of firearms by convicted felons, so as to authorize the Board of Public Safety to grant relief from the disabilities imposed by this Code Section 16-11-131 of the Official Code of Georgia Anno tated, relating to the possession of firearms by convicted felons, so as to provide therein for the same changes provided for above; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 26-2914, relating to the possession of firearms by convicted felons, so as to authorize the Board of Public Safety to grant relief from the disabilities imposed by this Code section under certain circumstances; to amend Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to the possession of firearms by convicted felons, so as to provide therein for the same changes provided for above; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Section 26-2914, relating to the possession of firearms by convicted felons, is amended by striking subsection (d) of said Code section in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: "(d) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acqui sition, receipt, transfer, shipment, or possession of firearms by the Secretary of the Trea sury pursuant to 18 U.S.C. 925, shall, upon presenting to the Board of Public Safety proof that such relief has been granted and it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would MONDAY, MARCH 22, 1982 2743 not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this section. A record that such relief has been granted by the board shall be entered upon the criminal history of such person maintained by the Geor gia Crime Information Center and said board shall maintain a list of the names of such persons which shall be open for public inspection." Part 2 Section 2. Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to the possession of firearms by convicted felons, is amended by striking subsection (d) of said Code section in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: "(d) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acqui sition, receipt, transfer, shipment, or possession of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. 925, shall, upon pre senting to the Board of Public Safety proof that the relief has been granted and it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A record that the relief has been granted by the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Information Center and the board shall maintain a list of the names of such persons which shall be open for public inspection." Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Karrh of the 106th moved that the House agree to the Senate substi tute to HB 1585. On the motion, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G Y Adams,J Y Adams.M N Aiken Anderson Argo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruss Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Colbert Y Coleman Y Collins Colwell Y Connell Y Couch YCox N Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Davis,B Y Davis,J Y Davis.L Dean YDent Y Dixon Y Dobbs N Dover Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C N Galer Y Ginsberg Glover N Godbee Greer YHam Hamilton Y Hanner Y Harris Harrison Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson Ylrvin N Isakson Y Jackson,J Y Jackson.N Jackson,W Y Jessup N Johnson.G Y Johnson.R Y Jones,B Jones,H Y Karrh YKemp Y Kilgore Y Lambert Y Lane,D Y Lane.R Y Lawson YLee Logan Long YLord NLowe Lucas Y Mangum 2744 JOURNAL OF THE HOUSE, Y Mann Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler N Mullinax Y Nicholson NNix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Phillips.B Phillips,L.L Y Phillips.R.T N Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson YRose YRoss Y Rowland Russell Y Savage Y Scott,A Y Scott,D N Shepard N Sherrod Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann N Thomas Y Thompson Townsend Y Triplet! Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker YWall Y Ware Y Watson White N Widener N Williams,B.J Y Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy On the motion, the ayes were 120, nays 17. The motion prevailed. HB 1268. By: Representatives Johnson of the 72nd, Matthews of the 145th, Lane of the 81st, Cummings of the 17th, Brooks of the 34th and others: A BILL to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to provide that the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia may invest not more than 50 percent of the assets of the retirement fund in common stocks and equities; to amend the Official Code of Georgia Annotated accord ingly; and for other purposes. The following Senate amendment was read: Amend HB 1268 by striking from line 26 of page 1, line 29 of page 2, line 13 of page 3, line 23 of page 3, and line 1 of page 4 the figure "50" and inserting in lieu thereof in all five places the figure "35". Representative Johnson of the 72nd moved that the House agree to the Senate amendment to HB 1268. 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 Anderson Argo Y Auten Y Balkcom Y Bargeron Y Baugh Seal YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruss Burton Byrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Colbert Y Coleman Y Collins Y Colwell Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Davis.B Y Davis,J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer YHam Hamilton Y Manner Harris Y Harrison Hasty Y Hawkins YHays YHill Holmes Y Hooks Home 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 Jones,H Y Karrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson Y Lee Logan Long YLord Y Lowe Lucas Y Mangum YMann Y Marcus Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Russell Y Savage MONDAY, MARCH 22, 1982 2745 Y Scott,A YScott.D Y Shepard Y Sherrod Sizemore Y Smith.T Smith,V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplet! YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Watson White Y Widener Y Williams.B.J Y Williams.H Williams^ Y Wilson Y Wood.J Y Wood,J.T Workman Speaker Murphy On the motion, the ayes were 134, nays 0. The motion prevailed. HB 1373. By: Representatives Reaves of the 147th, Veazey of the 146th, Balkcom of the 140th, Long of the 142nd, and Cheeks of the 89th: A BILL to amend Code Chapter 84-40, relating to the Georgia State Board of Landscape Architects, so as to continue the board and the laws relating to the board until a certain date; to clarify the exemption for landscape contractors; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate amendment was read: Amend HB 1373 by striking from line 10 of page 2 and from line 12 of page 3 the following: "1984", and inserting in its place the following: "1988". Representative Reaves of the 147th moved that the House disagree to the Senate amendment to HB 1373. The motion prevailed. HB 1491. By: Representatives Coleman of the 118th, Hanner of the 130th, Martin of the 60th, Colbert of the 23rd and Hooks of the 116th: A BILL to amend Title 25 of the Official Code of Georgia Annotated, so as to regulate fire protection sprinkler contractors; to provide for administration; to provide for certificates of competency to be issued to persons authorized to engage in the installation, repair, alteration, addition, maintenance, or inspection of fire protection sprin kler systems or water-sprayed systems; to provide for examinations; and for other purposes. The following Senate amendment was read: Amend HB 1491 by adding on line 28 of page 4 after the following: "Commissioner;", the following: "or". By striking from line 28 of page 5 the following: "shall", and inserting in lieu thereof the following: "may". 2746 JOURNAL OF THE HOUSE, Representative Coleman of the 118th moved that the House agree to the Senate amendment to HB 1491. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams.J Y Adams.M Y Aiken Anderson Argo Y Auten Y Balkcom Y Bargeron YBaugh YBeal YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Branch YBray Brooks Buck Y Burruss Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance N Cheeks Y Childera Y Childs Clark.B Y Clark,L Y Colbert Y Coleman Y Collins Y Colwell Connell Y Couch Cox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Davis.B Y DavisJ Y Davis.L Dean YDent Y Dixon YDobbs Y Dover Edwards Elliott Y Evans Felton Y Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover YGodbee Y Greer YHam Hamilton Y Hanner Harris Y Harrison Hasty Y Hawkins YHays YHill Holmes Y Hooks Home Hutchinson Ylrvin Y Isakson Y Jackson,J Y Jackson,N Y Jackson, W Y Jessup Y Johnson.G Y Johnson.R Y Jones.B Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane,D Y Lane.R Y Lawson YLee Logan Long YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin On the motion, the ayes were 133, nays 2. The motion prevailed. Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Nicholson YNii Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips,B Phillips,L.L Y Phillips.R.T Y Phillips,W.R Y Pilewicz Pinks ton Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Russell Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore N Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Thomas Y Thompson Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams,B.J Y Williams,H Williams.R Y Wilson Y Wood,J Y WoodJ.T Workman Speaker Murphy The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1337. By: Representatives Lambert of the 112th and Argo of the 63rd: A BILL to amend Chapter 42-5 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to provide that persons convicted of crimes whose confinement shall be served in institutions under the control of the Department of Offender Rehabilitation shall not remain in confinement in local prison facilities while their conviction is on appeal; to change the provi sions relative to the delivery of custody of inmates to the Department of Offender Rehabilitation; and for other purposes. Representative Lambert of the 112th moved that the House recede from its position in disagreeing to the Senate substitute to HB 1337. Representative Murphy of the 18th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1337 and that a Committee of Conference be appointd on the part of the House to confer with a like committee on the part of the Sen ate. MONDAY, MARCH 22, 1982 2747 On the motion, the roll call was ordered and the vote was as follows: Aaron N Adams.G N Adams.J N Adams.M Aiken Anderson Argo N Auten Y Balkcom N Bargeron YBaugh YBeal NBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Branch YBray Y Brooks Buck Burruss Burton YByrd YCason Y Castleberry Chamberlin N Chambless Y Chance Y Cheeks Y Childers N Childs Clark.B Y Clark,L Colbert Y Coleman Y Collins N Colwell Connell N Couch Cox N Crawford Crosby Y Culpepper Y Cummings Y Darden Y Daugherty N Davis.B N Davis.J Davis.L Dean YDent Y Dixon NDobbs Y Dover Edwards N Elliott N Evans Felton N Fortune Y Foster N Fuller.C Y Galer Ginsberg Glover N God bee YGreer YHam Hamilton Y Manner Harris Y Harrison Hasty Y Hawkins NHays NHill N Holmes N Hooks Home Hutchinson Ylrvin Ylsakson N Jackson.J N Jackson.N N Jackson.W N Jessup Y Johnson.G Y Johnson.R Y Jones.B Jones.H YKarrh NKemp Y Kilgore N Lambert Y Lane,D N Lane.R N Lawson YLee Logan Long YLord N Lowe Lucas N Mangum YMann Y Marcus Y Martin On the motion, the ayes were 80, nays 49. The motion prevailed. Y Matthews McCollum N McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten N Perry Y Peters Y Phillips.B Phillips,L.L N Phillips.RT Y Phillips,W.R Pilewicz Pinkston Y Rainey Y Ralston N Ramsey Randall Y Reaves Y Richardson Robinson NRose YRoss Y Rowland Russell N Savage Y Scott,A N Scott,D N Shepard Y Sherrod Sizemore Y Smith,T Smith.V YSmyre Snow Y Steinberg N Swann Y Thomas Y Thompson Townsend Y Triplett NTuten Twiggs N Vandiford Y Vaughn N Veazey N Waddle Y Walker N Wall Ware Watson White N Widener N Wiliiams.B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Lambert of the 112th, Ham of the 80th, and Darden of the 19th. Representative Adams of the 36th stated that due to mechanical malfunction his vote was recorded as "nay" on the preceding vote. He wished to be recorded as voting "aye" thereon. The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto: HB 425. By: Representatives Cason of the 96th, Harrison and Isakson of the 20th, and Watson of the 114th: A BILL to amend Code Chapter 84-3, relating to archi tects, so as to change the provisions relating to the exemption of certain persons from registering as architects; and for other purposes. The following Senate substitute was read: A BILL To amend Code Chapter 84-3, relating to architects, as amended, so as to change the provisions relating to the exemption of certain persons from registering as architects; to 2748 JOURNAL OF THE HOUSE, amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Chapter 84-3, relating to architects, as amended, is amended by striking from Code Section 84-321, relating to employers of registered architects, profes sional engineers, and others, as amended, the following: "$50,000.00", and inserting in lieu thereof the following: "$100,000.00", so that when so amended Code Section 84-321 shall read as follows: "84-321. Employees of registered architects, professional engineers and others.--In order to safeguard life and property no person shall be allowed to practice architecture unless he has the qualifications and competency required by this Chapter. Nothing con tained in this Chapter shall prevent draftsmen, students, project representatives, admin istrators and other employees of those lawfully practicing as registered architects under the provisions of this Chapter, from acting under the instructions, control or direction of their employers. No person shall be required to register as an architect in order to make plans and specifications for or supervise the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, or any one or two-family resi dence buildings, regardless of cost, or any domestic out-building appurtenant to any such one or two-family residences regardless of cost, or of any other type building cost ing less than $60,000.00 $100,000.00 (except schools, auditoriums, or other buildings intended for the mass assemblage of people or group housing projects whether they be single, double or multi-family). Nor shall anything in this Chapter be held to prevent registered professional engineers or their employees or subordinates under their respon sible supervising control from performing architectural services which are purely inciden tal to their engineering practice, provided, however, that registered architects or their employees or subordinates under their responsible supervising control may perform engi neering services which are purely incidental to their architectural practice. However, no professional engineer shall practice architecture or use the designation 'architect' or any term derived therefrom unless registered under this Chapter, and no architect shall practice professional engineering or use the term 'engineer' or any term derived there from unless he also is qualified and registered as such engineer as provided by law. Oth erwise any person who shall be engaged in the planning or design for the erection, enlargement or alteration of any building or group of buildings for others, or furnishing architectural administration of construction contracts thereof shall be deemed to be practicing architecture and be required to register under this Chapter, and to secure all renewals of such registration as conditioned precedent to his so doing. The term 'build ing' in this Chapter shall be as defined under Section 84-301." Part 2 Section 2. Code Section 43-4-14 of the Official Code of Georgia Annotated, relating to employees of registered architects, professional engineers, and others, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 43-4-14 to read as follows: "43-4-14. In order to safeguard life and property, no person shall be allowed to prac tice architecture unless he has the qualifications and competency required by this chap ter. Nothing contained in this chapter shall prevent draftsmen, students, project representatives, administrators, and other employees of those lawfully practicing as reg istered architects under this chapter from acting under the instructions, control, or direction of their employers. No person shall be required to register as an architect in order to make plans and specifications for or supervise the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, or any one- or twofamily residence buildings, regardless of cost, or any domestic out-building appurtenant MONDAY, MARCH 22, 1982 2749 to any such one- or two-family residences regardless of cost, or of any other type build ing costing less than $50,000.00 $100,000.00 (except schools, auditoriums, or other build ings intended for the mass assemblage of people or group housing projects whether they be single, double, or multifamily). Nothing in this chapter shall be held to prevent regis tered professional engineers or their employees or subordinates under their responsible supervising control from performing architectural services which are purely incidental to their engineering practice; provided, however, that registered architects or their employ ees or subordinates under their responsible supervising control may perform engineering services which are purely incidental to their architectural practice. However, no profes sional engineer shall practice architecture or use the designation 'architect' or any term derived therefrom unless registered under this chapter; and no architect shall practice professional engineering or use the term 'engineer' or any term derived therefrom unless he also is qualified and registered as an engineer as provided by law. Otherwise, any per son who is engaged in the planning or design for the erection, enlargement, or alteration of any building or group of buildings for others or furnishing architectural administra tion of construction contracts thereof shall be deemed to be practicing architecture and be required to register under this chapter and to secure all renewals of such registration as a condition precedent to his so doing." Parts Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Cason of the 96th moved that the House agree to the Senate substitute to HB 425. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams.J Y Adams.M Aiken Anderson Argo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal Y Beck Y Benefield Y Benn Y Birdsong Bishop Y Bolster Y Branch YBray Y Brooks Buck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Colbert Y Coleman Collins N Colwell Y Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Davis.B Davis,J Y Davis.L Dean Y Dent Y Dixon N Dobbs Y Dover Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer YHam Hamilton Y Hanner Harris Y Harrison Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home 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 Jones.H Y Karrh Y Kemp Y Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson YLee Log an Long YLord Y Lowe Lucas Y Mangum Y Mann Y Marcus Y Martin Y Matthews McCollum Y McDonald McKinney Y Miles Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson Y Nix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Y Phillips.R.T Phillips.W.R Pilewicz Pinkston Y Rainey Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Russell Y Savage Scott.A Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre Y Snow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplet! 2750 JOURNAL OF THE HOUSE, YTuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Watson White Y Widener Y Williams.B.J Williams.H Williams.R Y Wilson YWoodJ Y WoodJ.T Y Workman Speaker Murphy On the motion, the ayes were 130, nays 2. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto: HB 1403. By: Representatives Chamberlin of the 73rd, Smith of the 152nd, Jones of the 78th, Adams of the 79th, Childers of the 15th and Byrd of the 138th: A BILL to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to the county law library, so as to provide for other uses of funds paid to the treasurer of the board of trustees of the county law library; and for other purposes. The following Senate amendment was read: Amend HB 1403 by adding in the title before the words "to provide an effective date" the following: "to provide certain exceptions based on population;". By adding at the end and as a part of the language quoted as subsection (a) in Section 2 of said bill the following: "In any county having a population of more than 550,000 according to the United States decennial census of 1980 or any future such census, the power and authority pro vided in this subsection for the chief judge shall be exercised by the superior court judge who has the most service as a superior court judge." Representative Chamberlin of the 73rd moved that the House agree to the Senate amendment to HB 1403. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams,G Y Adams.J Y Adams.M Aiken Anderson YArgo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Benefield YBenn Y Birdsong Bishop Y Bolster Y Branch YBray Y Brooks Buck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis.B Y Davis,J Y Davis,L Dean YDent Y Dixon YDobbs Y Dover Y Edwards Elliott Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Ginsberg Glover YGodbee Y Greer YHam Y Hamilton Y Manner Harris Y Harrison Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson Ylrvin 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 Y Karrh Kemp Y Kilgore Y Lambert Y Lane.D Y Lane,R Y Lawson YLee Logan Long YLord Lowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y PhiIlips,B Phillips,L.L Y Phillips,R.T MONDAY, MARCH 22, 1982 2751 Y Phillips.W.R Y Pilewicz Pinkaton YRainey Ralston YRamsey Randall Y Reaves Y Richardson Y Robinson Y Rose Y Ross Y Rowland Y Russell Y Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith, V Y Smyre Y Snow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplett On the motion, the ayes were 139, nays 0. The motion prevailed. Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Watson White Y Widener Y Williams.B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 769. By: Senator Fincher of the 54th: A BILL to amend an Act placing the sheriff, clerk of the superior court, and judge of the probate court of Whitfield County on a salary system of compensation, so as to change the compensation of the clerk and the judge of the probate court; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 770. By: Senator Fincher of the 54th: A BILL to amend an Act changing the compen sation of the coroner of Whitfield County, so as to change the compensation of the coroner; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 771. By: Senator Kennedy of the 4th: A BILL to amend an Act creating the charter of the City of Claxton, so as to change the authority of the Mayor to name city appointments to various boards and commissions; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 773. By: Senator Foster of the 50th: A BILL to amend an Act placing the Tax Com missioner of Rabun County on a salary, so as to change the compensation of the tax commissioner; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. The Speaker announced the House in recess subject to the call of the Chair. The Speaker called the House to order. Representative Harris of the 8th District, Chairman of the Committee on Appropria tions, submitted the following report: Mr. Speaker: Your Committee on Appropriations has had under consideration the following Resolu tion of the House and has instructed me to report the same back to the House with the following recommendation: HR 733 Do Pass, as Amended Respectfully submitted, Harris of the 8th Chairman 2752 JOURNAL OF THE HOUSE, Representative Ware of the 68th District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 711 Do Pass, by Substitute SB 640 Do Pass Respectfully submitted, Ware of the 68th Chairman During the day's proceedings, the Speaker and the Speaker Pro Tem alternated pre siding in the Chair. The following communication was received and read: Secretary of State 214 State Capitol Atlanta 30334 March 19,1982 Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Ellard: I am transmitting to you herewith a certified list of those persons who registered in the Docket of Legislative Appearance for the 1982 Regular Session as of 3:00 P.M. this date. The list is numbered 507 through 510. With warm personal regards, I am Very truly yours, /s/ David B. Poythress Secretary of State Enclosure DBP/jh 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 attached list contains the names and addresses of those persons, numbered 507 through 510, who have registered in the Docket of Legislative Appearance as of March 19, 1982, 3:00 P.M., in accordance with Georgia Law 1970, pp. 695, 698, as the same appears of file and record in this office. MONDAY, MARCH 22, 1982 2753 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 19th day of March, in the year of our Lord One Thousand Nine Hundred and Eighty Two and of the Independence of the United States of America the Two Hundred and Sixth. /s/David B. Poythress Secretary of State. (SEAL) 507. Stanley S. Jones, Jr. Hospital Corp. of America Ga. Alliance of Children Mental Health Section, State Bar of Georgia 1900 Rhodes Haverty Building Atlanta, Georgia 30343 508. John Jay McArthur Clarke County Burbon Street, Inc. Post Office Box 8026 Athens, Georgia 30603 509. David L. Bryant Lobbyist of America 133 Luckie Street Suite 308 Atlanta, Georgia 30303 510. William J. Shipley Education Committee, Ga. Assn. of Retarded Citizens 1380 Indian Trail, N.W. Atlanta, Georgia 30327 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. 2754 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Tuesday, March 23, 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 Reverend Matthew Southall Brown, Pastor, St. John Baptist Church, Savannah, 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. Representative Burton of the 47th arose to give the following intent: STATE OF GEORGIA HOUSE OF REPRESENTATIVES Atlanta, Georgia In accordance with House Rule 140, I rise to serve notice that on our next regular meeting day of the House I will move to instruct the Rules Committee to report SB 467 back to the House for consideration and action. /s/ Joe Burton Representative, District 47 By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills of the Senate were read the second time: SB 769 SB 770 SB 771 SB 773 Representative Reaves of the 147th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report: Mr. Speaker: TUESDAY, MARCH 23, 1982 2755 Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 713 Do Pass SB 735 Do Pass Respectfully submitted, Reaves of the 147th Chairman Representative Pinkston of the 100th District, Chairman of the Committee on Banks and Banking, submitted the following report: Mr. Speaker: Your Committee on Banks and Banking has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 728 Do Pass, by Substitute Respectfully submitted, Beck of the 148th Vice-Chairman Representative Connell of the 87th District, Chairman of the Committee on Constitu tional Revision, submitted the following report: Mr. Speaker: Your Committee on Constitutional Revision has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation: SR 340 Do Pass, by Substitute Respectfully submitted, Connell of the 87th Chairman Representative Ross of the 76th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bill and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 758 Do Pass SR 171 Do Pass, as Amended Respectfully submitted, Ross of the 76th Chairman Representative McDonald of the 12th District, Chairman of the Committee on Indus try, submitted the following report: 2756 JOURNAL OF THE HOUSE, Mr. Speaker: Your Committee on Industry has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 619 Do Pass, by Substitute SB 714 Do Pass Respectfully submitted, McDonald of the 12th Chairman Representative Jessup of the 117th District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker: Your Committee on Motor Vehicles has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 696 Do Pass, by Substitute SR 339 Do Pass SB 489 Do Pass, by Substitute SB 699 Do Pass SB 627 Do Pass, as Amended SB 519 Do Pass, by Substitute SB 559 Do Not Pass Respectfully submitted, Jessup of the 117th Chairman Representative Johnson of the 72nd District, Chairman of the Committee on Retire ment, submitted the following report: Mr. Speaker: Your Committee on Retirement has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 548 Do Pass SB 78 Do Pass, by Substitute Respectfully submitted, Johnson of the 72nd Chairman Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Bills and Resolu tions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: SB 762 Do Not Pass SB 693 Do Pass HR 564 Do Pass, as Amended HR 815 Do Pass, as Amended HR 821 Do Pass, as Amended HR 832 Do Pass, as Amended HR 773 Do Pass, as Amended SR 271 Do Pass, by Substitute TUESDAY, MARCH 23, 1982 2757 Respectfully submitted, Lee of the 72nd Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 730 Do Pass, by Substitute SB 747 Do Pass, as Amended Respectfully submitted, Adams of the 36th Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 407 Do Pass, by Substitute HB 1969 Do Pass HB 1971 Do Pass HR 789 Do Pass, by Substitute SB 698 Do Pass SB 742 Do Pass SB 751 Do Pass SB 755 Do Pass SB 756 Do Pass SB 773 Do Pass Respectfully submitted, Adams of the 36th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR TUESDAY, MARCH 23, 1982 Mr. Speaker and Members of the House: The Committee on Rules, in session assembled, has fixed the calendar for this day's business, March 23, 1982, as enumerated below: SB 4 Juvenile Court, Code Amend SB 60 Probate Court Judges; Retirement Benefits; Spouse SB 325 Attachment: Amend SB 364 Insurance, Information and Privacy Protection SB 478 Offender Rehab., Polygraph Examination SB 480 Fina Inst., Cert. Currency Transactions; Report SB 505 Civil Practice, Verdict and Judgement SB 513 Outdoor Advertising, Amend Provisions SB 522 Civil Practice, Absence of Attorney 2758 JOURNAL OF THE HOUSE, SB 558 Prison Guards, Compensation SB 579 First Offenders, Confinement SB 590 Game and Fish, Alligator Hides, Sales SB 601 Commission on State Growth, Create SB 603 Public Assistance, Work Experience Program SB 608 Torts: Motor Vehicle: Due Care to Passengers SB 617 Professional Engineers and Land Surveyors, Adv. SB 620 Professional Sanitarians Board, Amend SB 622 Community Service Programs, Administration SB 639 Recall of Public Officials, Amend SR 270 Coroners, Official Manual ALL COMPENSATION RESOLUTIONS APPROVED BY THE APPROPRIATIONS COMMITTEE Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully Submitted, /s/ Lee of the 72nd Chairman By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: HB 407. By: Representative Hill of the 127th: A BILL to amend an Act providing for the compensation of certain officers of counties of this state having a population of not less than 180,000 nor more than 190,000, so as to change the compensation of the tax commissioner; and for other purposes. The following Committee substitute was read and adopted: A BILL To provide for the compensation of certain officers of counties of this state having a population of not less than 190,000 nor more than 210,000 according to the United States decennial census of 1980 or any future such census; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) (1) (A) Notwithstanding any other provisions of the law to the contrary in all counties of this State having a population of not less than 190,000 nor more than 210,000 according to the United States decennial census of 1980 or any future such census, each of the officers and officials of any such county listed below shall receive a salary fixed by the governing authority of such county, pro vided that said salary for each officer shall be not less than the salary set forth as follows: Tax commissioner..............................................................................$ 33,000.00 per annum Sheriff .....................................................................................................29,400.00 per annum Clerk of the superior court..................................................................28,900.00 per annum Clerk of the state court........................................................................26,300.00 per annum Clerk of the probate court...................................................................24,000.00 per annum Sheriff of the state court.....................................................................28,900.00 per annum Judge of the municipal court..............................................................31,000.00 per annum TUESDAY, MARCH 23, 1982 2759 Judge of the recorder's court ..............................................................37,800.00 per annum Judge of the probate court..................................................................37,800.00 per annum Judge of the juvenile court..................................................................37,800.00 per annum Judge of the state court.......................................................................42,000.00 per annum Coroner.....................................................................................................8,200.00 per annum (B) (i) Except as provided in division (ii), no person who shall occupy the offices set forth as follows: Tax commissioner Sheriff Clerk of superior court Clerk of state court Clerk of probate court Sheriff of state court Judge of the municipal court Judge of the recorder's court Judge of the probate court Judge of the juvenile court Judge of the state court Coroner shall be entitled to any increase in compensation, other than retirement contribu tions or increases in any plan of sickness, accident, or health insurance funded in whole or in part by municipal or county funds or any successor thereto, during the term to which that person was elected or appointed. (ii) The General Assembly may at any time provide for cost-of-living increases for such offices; provided, however, such cost-of-living increases shall not exceed the cost-of-living increase given employees of the county for that year. (C) Prior to December 1 of each calendar year, any officer listed in subpara- graph (B) seeking an increase in compensation shall submit in writing to the delega tion representing such county in the General Assembly a petition setting forth any recommended changes in compensation together with supporting documents as may be deemed appropriate. A copy of such petition shall be submitted to the governing authority of such county. The members of the General Assembly shall then consider the evidence presented after consultation with the commissioners and shall take such action as they may deem appropriate. (2) Notwithstanding any other provisions of the law to the contrary in all counties of this state having a population of not less than 190,000 nor more than 210,000 according to the United States decennial census of 1980 or any future such census, each of the officers and officials of any such county listed below shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not exceed the salary set forth as follows: Chairman of the Board of Commissioners............................................................-! 15,000.00 per annum Members of the Board of Commissioners...................................................................7,200.00 per annum (b) The salaries provided in subsection (a) of this section shall be paid in equal monthly installments from the funds of each such county. Section 2. This Act shall become effective July 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. 2760 JOURNAL OF THE HOUSE, On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1969. By: Representative Colbert of the 23rd: A BILL to amend an Act consolidating, creating, revising and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said munici pal corporation, so as to remove certain property from the corporate limits of said city; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1970. By: Representative Padgett of the 86th: A BILL to amend an Act creating the Town of Hephzibah and for other purposes, so as to change a provision relative to the manager of financial affairs; and for other purposes. The following Committee substitute was read and adopted: A BILL To provide a new charter for the City of Hephzibah in the County of Richmond; to provide for the incorporation, corporate limits, and powers of such City; to provide for a governing body; to provide for elections; to provide for a judicial body; to provide for municipal administration and services; to provide for the financial and fiscal affairs of the City; to provide general provisions; to provide for other matters relative to the foregoing; to provide for penalties; to repeal specific Acts; to provide for severability; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Incorporation. The City of Hephzibah in Richmond County, Georgia, heretofore created as a town corporate by authority of the General Assembly, shall con tinue as a body corporate and politic under the name of the "City of Hephzibah" (herein after also referred to as "the city") and by that name shall have perpetual succession, may contract and be contracted with, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever. Section 2. Corporate limits, (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the City Clerk and to be designated: "Official Map (or Description) of the Corporate Limits of the City of Hephzibah, Georgia". Photographic, typed, or other copies of such map or description certified by the City Clerk may be admitted as evidence in any court and shall have the same force and effect as the original map or description. (b) The Board of Commissioners for the City of Hephzibah may provide for the redrawing of any such map, description, or combination thereof to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 3. Powers and Construction, (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. TUESDAY, MARCH 23, 1982 2761 (b) The powers of this city shall be construed liberally in favor of the city. No spe cific mention or failure to mention particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. (c) The corporate powers of this city include but are not limited to the following: (1) Property Taxes. To levy and to provide for the assessment, valuation, revalua tion, and collection of taxes on all property subject to taxation; (2) Other Taxes. To levy and collect such other taxes as may be allowed now or in the future by state law; (3) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; (4) Appropriations and Expenditures. To make appropriations for the support of the government of the city, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is or may be authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city; (5) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia now or in the future; (6) Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (7) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (8) Condemnation. To condemn property, inside or outside the corporate limits of the city for present or future use, and for any corporate purpose deemed necessary by the governing authority under any applicable public acts as are or may be enacted; (9) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell and dis pose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (10) Public Utilities and Services. To grant franchises or make contracts for public utilities and public service, to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations by the Public Service Commission; (11) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, oth erwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city and on city-owned property, and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; (12) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facili ties, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educa tional, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof, and 2762 JOURNAL OF THE HOUSE, for such purposes, property may be acquired by condemnation under any applicable public acts, as are or may be enacted. (13) Sidewalk Maintenance. To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) Building Regulation. To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of buildings and all other structures; (15) Planning and Zoning. To provide such comprehensive city planning for devel opment by zoning; subdivision regulation and the like as the Board of Commissions for the City of Hephzibah deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (16) Public Peace. To provide for the prevention and punishment of drunkeness, riots, and public disturbances; (17) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of spirituous or fermented liquors in any quantity; the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heat ing equipment, and any other business or situation which may be dangerous to per sons or property; to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or other wise; to license, tax, regulate, or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors; (18) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (19) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (21) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (22) Public Hazards, Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (23) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (24) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash col lection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corpora tions residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees, and to provide for the manner and method of collecting such service charges; (25) Sewer Fees. To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewer age system a sewer service charge fee or sewer tax for the use of the sewers; and to TUESDAY, MARCH 23, 1982 2763 provide for the manner and method of collecting such service charges and for enforc ing payment of same; to charge, impose and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system; (26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (27) Municipal Property Protection. To provide for the preservation and protec tion of property and equipment of the city and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (28) Jail Sentences. To provide that persons given jail sentences in the city's court shall work out such sentence in any public works or on the streets, roads, drains and squares in the city; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (29) Animal Regulations. To regulate and license, or prohibit the keeping or run ning at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinance enacted hereunder; (30) Motor Vehicles. To regulate the operation of motor vehicles and exercise con trol over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city; (31) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the city; (33) Special Assessments. To levy and provide for the collection of special assess ments to cover the costs for any public improvements; (34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be made therefor; (35) City Agencies and Delegation of Power. To create, alter or abolish authorities, departments; boards, offices, commissions and agencies of the city; to hire such employees as the Board of Commissioners for the City of Hephzibah deems necessary for the operation of its creations, and to provide reasonable compensation for any such employees; and to confer upon such agencies or persons the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to them; (36) Penalties. To provide penalties for violations of any ordinance adopted pursu ant to the authority of this charter and the laws of the State of Georgia; (37) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency; (38) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city; in case of extra ordinary emergency, the Board of Commissioners for the City of Hephzibah shall have power and authority to increase the tax rate one-half of 1 per cent ad valorem, but not more than once during any twelve-month period; (39) Urban redevelopment. To organize and operate an urban redevelopment pro gram; (40) Planning and Zoning. To pass and enforce zoning laws or districts, and plan ning laws; to regulate the use for which said zones or districts may be set apart, fixed, and established; (41) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; 2764 JOURNAL OF THE HOUSE, (42) City Manager. To appoint a qualified voter of said city to manage its financial and other affairs under the supervision of the Board of Commissioners for the City of Hephzibah, should it deem same necessary, and the compensation paid for such ser vice, if any, shall be determined by said Board of Commissioners for the City of Hephzibah; (43) General Health, Safety, and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to health, sanitation, cleanli ness, welfare, and safety of the inhabitants of the city and to provide for the enforce ment of such standards; (44) Other Powers. To exercise and enjoy all other powers, functions, rights, privi leges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter for the good government and order of said town, and for regulating the common affairs of the same as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future autho rized to be exercised by other municipal governments under other laws of the State of Georgia. Section 4. Board of Commissioners for the City of Hephzibah. (a) All powers of government in the City of Hephzibah, except as otherwise specifically provided in this charter, shall be vested in the Board of Commissioners for the City of Hephzibah, to be composed of five persons elected or appointed as provided in this charter. (b) Said commissioners, or a majority of them, shall have power to appoint a clerk, marshal and such other officers as they may deem necessary to carry into effect all ordi nances, rules, bylaws and regulations which they may adopt under this Act. Section 5. Terms; Qualifications for Office; Oath, (a) Each member of the Board of Commissioners for the City of Hephzibah shall serve for a term of three years and until his or her successor is elected and qualified and has taken the oath provided for in this section. (b) No person shall be eligible to serve as commissioner unless he or she shall have been a resident of the city immediately prior to the date of the election. Each commis sioner shall continue to reside therein during the period of service and shall be registered and qualified to vote in municipal elections of the City of Hephzibah. (c) Those five persons serving as Commissioners at the time of approval of this charter shall continue to serve until their respective terms have expired and their succes sors have been elected and qualified and sworn, so that the terms shall be staggered: two terms ending in each of two years and one term ending in the next successive year, such that a continuing body is created. (d) A term shall begin on the first day of January following a Commissioner's elec tion, or as soon thereafter as practicable, with the administration of the following oath by the city clerk, or in the clerk's absence, by another person designated by the Board of Commissioners for the City of Hephzibah: "...I do solemnly swear that I will faithfully perform the duties of Commissioner of the City of Hephzibah and that I will support and defend the charter thereof as well as the constitution and laws of the State of Georgia and of the United States of Amer ica." Section 6. Vacancies, (a) Vacancies. The office of Commissioner shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) Filling of Vacancies. In case of any vacancy in the Board of Commissioners for the City of Hephzibah, a majority of the original number elected at the last election shall have power to fill said vacancy by appointment until the next regular election; but if more than two vacancies shall occur in any twelve-month period, then a special election shall be held according to the laws of the State of Georgia to fill the vacancies, and those per sons elected shall hold for the balance of the unexpired terms. TUESDAY, MARCH 23, 1982 2765 Section 7. Compensation and Expenses. The Board of Commissioners for the City of Hephzibah may receive compensation for their services in an amount set by ordi nance. The commissioners shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 8. Holding Other Office; Voting When Personally Interested, (a) Except as authorized by general state law, no commissioner shall hold any other city office or city employment during the term for which he or she was elected. (b) No commissioner shall vote upon or sign or veto any question in which he or she is personally interested. (c) Penalties for Violation. (1) Any commissioner who knowingly conceals such personal interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office and shall be deemed to have forfeited the office. (2) Any commissioner who shall forfeit the office as described in this section shall be ineligible for appointment or election to a position in the city government for a period of three years thereafter. Section 9. Inquiries and Investigations. The Board of Commissioners for the City of Hephzibah may make inquiries and investigations into the affairs of the city and the conduct of any department, officer or agency thereof and for this purpose may sub poena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these pow ers by the Board of Commissioners for the City of Hephzibah shall be punished as pro vided by ordinance. Section 10. Regular and Special Meetings, (a) The Board of Commissioners for the City of Hephzibah shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the Board of Commissioners for the City of Hephzibah may be held on call of any commissioner. Notice of such special meetings shall be served on all other commissioners personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to commissioners shall not be required if all commis sioners are present when the special meeting is called. Such notice of any special meeting may be waived by a commissioner in writing before or after such a meeting, and attend ance at the meeting shall also constitute a waiver of notice on any business transacted in such commissioner's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the Board of Commissioners for the City of Hephzibah shall be public to the extent required by general state law, and notice to the public of special meet ings shall be made fully as is reasonably possible two days prior to such meetings. Section 11. Rules of Procedure. The Board of Commissioners for the City of Hephzibah shall adopt its rules of procedure and order of business consistent with the pro visions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. Section 12. Quorum; Voting. Four Commissioners shall constitute a quorum and shall be authorized to transact business of the Board of Commissioners for the City of Hephzibah. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal, but any commissioner shall have the right to request a roll call vote. The affirmative vote of a majority of the commissioners present shall be required for the adoption of any ordinance, resolution, or motion except as other wise provided in this charter. Section 13. Ordinance Form; Procedure, (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall con tain a subject which is not expressed in its title. The enacting clause shall be "The Board of Commissioners for the City of Hephzibah hereby ordains. . ." and every ordinance shall so begin. 2766 JOURNAL OF THE HOUSE, (b) An ordinance may be introduced by any commissioner and read at a regular or special meeting of the Board of Commissioners for the City of Hephzibah. Ordinances shall be considered and adopted or rejected by the Board of Commissioners for the City of Hephzibah in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordi nances as provided in this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy of each commissioner and shall file a reasonable number of copies in the office of the clerk and at such other public places as the Board of Com missioners for the City of Hephzibah may designate. Section 14. Action Requiring an Ordinance. In addition to other acts required by general state law or by specific provisions of this charter to be done by ordinance, acts of the Board of Commissioners for the City of Hephzibah which have the force and effect of law shall be done by ordinance. Section 15. Emergencies. To meet a public emergency affecting life, health, prop erty or public peace, the Board of Commissioners for the City of Hephzibah may convene on call of any commissioner and promptly adopt an emergency ordinance, but such ordi nance may not levy taxes, except as provided in Section 3(c)(38) of this charter, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within thirty days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least four commissioners shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed thirty days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adop tion of emergency ordinances. Section 16. Codes of Technical Regulations, (a) The Board of Commissioners for the City of Hephzibah may adopt any standard code of technical regulations by refer ence thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that (1) the requirements for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 17. Signing; Authenticating; Recording; Codification; Printing, (a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the Board of Commissioners for the City of Hephzibah. (b) The Board of Commissioners for the City of Hephzibah shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the Board of Commission ers for the City of Hephzibah by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regula tions as the Board of Commissioners for the City of Hephzibah may specify. This compila tion shall be known and cited officially as "The Code of the City of Hephzibah, Georgia". Copies of the code shall be furnished to all officers, departments and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the Board of Commissioners for the City of Hephzibah. TUESDAY, MARCH 23, 1982 2767 (c) The Board of Commissioners for the City of Hepzibah shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the Board of Commissioners for the City of Hephzibah. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The Board of Commissioners for the City of Hephzibah shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regu lations included in the code. Section 18. Elections, (a) Except as otherwise provided by this charter, the election of all officials of the City of Hephzibah, where provision is made for the election thereof, shall be held and conducted in accordance with provisions of the Georgia Municipal Elec tion Code, as now or hereafter amended, and by ordinance, rules, or regulations which may be prescribed by the Board of Commissioners for the City of Hephzibah. (b) On the first Saturday in November of each year, there shall be an election for the positions held by those commissioners who are then in the third year of their terms. (c) Non-Partisan Elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. (d) Election by Plurality. The person receiving a plurality of the votes cast for any city office shall be elected. Section 19. Grounds for Removal, (a) The commissioners provided for in this charter shall be removed from office for any one or more of the following causes: (1) incompetence, misfeasance or malfeasance in office; (2) conviction of a crime involving moral turpitude; (3) failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) knowing violation of any express prohibition of this chapter; (5) abandonment of office or neglect to perform the duties thereof; or (6) failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Procedure for Removal. Removal of a commissioner may be accomplished by one of the following methods: (1) By the vote of four commissioners after an investigative hearing. Such commis sioner shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any commissioner sought to be removed from office as herein provided shall have the right to appeal from the decision of the Board of Commissioners for the City of Hephzibah to the Superior Court of Richmond County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the pro bate court. (2) By information filed in the Superior court of Richmond County as provided by state law. Section 20. Municipal Court of the City of Hephzibah. (a) There shall be established the Municipal Court of the City of Hephzibah, which shall have exclusive juris diction to try and punish any violation of the ordinances of the City of Hephzibah. The Municipal Court is specifically vested with all of the jurisdiction and powers throughout the entire area of this city granted by general state laws to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecu tion of traffic violations. (b) The Municipal Court shall have authority to punish those in its presence for con tempt, provided that such punishment shall not exceed $500.00 or 30 days in jail. (c) The Municipal Court may fix punishment for offenses within its jurisdiction not exceeding a fine of $999.00 or imprisonment for 90 days or to sentence any offender upon 2768 JOURNAL OF THE HOUSE, conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 90 days. (d) The Municipal Court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to the courts for violations of state law. (e) The Municipal Court shall have the authority to establish bonds, returnable to the Municipal Court, and recognizances to insure the presence of those charged with viola tions before the Municipal Court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of person charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and placed fixed for trial, the cash so deposited on order of the judge shall be declared forfeited to the City of Hephzibah, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforce able in the same manner and to the same extent as a lien for city property taxes. (f) The Municipal Court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated or when a defendant makes an election authorized by the law of the State of Georgia to be tried in a state court rather than in the Municipal Court. (g) The Municipal Court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer oaths as are necessary. (h) The Municipal Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served as executed by any officer as authorized by this charter or by general state law. (i) The Municipal Court shall have the authority to perform all other acts necessary or proper to the conduct of the court. Section 21. Chief Judge, Associate Judge, (a) The Municipal Court shall be presided over by a chief judge and such part time, full time, or stand-by associate judges as may be provided by ordinance, all to be appointed by the Board of Commissioners for the City of Hephzibah. (b) Compensation of the judges may be fixed by ordinance. (c) Judges may be removed for cause by a vote of four members of the Board of Commissioners for the City of Hephzibah. (d) Before entering on duties of the office, each judge shall take an oath given by a commissioner that he or she will discharge honestly and faithfully the duties of the office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the journal. Section 22. Convening. The Municipal Court shall be convened at regular intervals as designated by ordinance. Section 23. Rules of Court. With the approval of the Board of Commissioners for the City of Hephzibah, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful adminis tration of the Municipal Court; provided, however, that the Board of Commissioners for the City of Hephzibah may adopt in part or in toto the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regula tions made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in Municipal Court proceedings at least 48 hours prior to said proceedings. TUESDAY, MARCH 23, 1982 2769 Section 24. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Richmond County or any other court desig nated by the General Assembly from the Municipal Court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court. Provided that any person who fails to file an appeal within ten days of the date of conviction shall be deemed to have waived any such right. An appeal shall be a de novo proceeding. Section 25. Administrative and Service Departments, (a) Except as otherwise provided in this charter, the Board of Commissioners for the City of Hephzibah, by ordi nance, may prescribe the functions or duties and establish, abolish, or alter all non-elective offices, positions of employment, departments and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or general state law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensa tion set in the discretion of the Board of Commissioners for the City of Hephzibah. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of the department or agency. Section 26. Board, Commissions and Authorities, (a) The Board of Commis sioners for the City of Hephzibah shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasijudicial or quasilegislative function the Board of Commissioners for the City of Hephzibah deems necessary and shall by ordinance establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions and authorities of the city shall be appointed by the Board of Commissioners for the City of Hephzibah for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or general state law. (c) The Board of Commissioners for the City of Hephzibah, by ordinance, may pro vide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) No member of any board, commission or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general state law. (f) No member of a board, commission or authority shall assume office until he or she has executed and filed with the clerk of the city an oath to faithfully and impartially perform the duties of the office, such oath to be prescribed by ordinance and administered by a commissioner. (g) Any member of a board, commission or authority may be removed from office for cause by a vote of four members of the Board of Commissioners for the City of Hephzibah. (h) Except as otherwise provided by this charter or by general state law, each board, commission or authority of the city shall elect one of its members as chairman and one member as vice-chairman and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or general state law, as it deems appropriate and nec essary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the clerk of the city. Section 27. Position Classification and Pay Plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be sub mitted to the Board of Commissioners for the City of Hephzibah for approval. Said plans 2770 JOURNAL OF THE HOUSE, may apply to all employees of the city and any of its agencies, departments, boards, com missions or authorities. When a pay plan has been adopted, the Board of Commissioners for the City of Hephzibah shall not increase or decrease the salaries of individual employ ees except by amendments of said pay plan. For purposes of this section, all elected and appointed city officials are not city employees. Section 28. Personnel Policies. The Board of Commissioners for the City of Hephzibah shall adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; and (2) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; (4) such dismissal hearings as due process may require; and (5) such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs. Section 29. Property Tax. The Board of Commissioners for the City of Hephzibah may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county as of January 1 of each year. This tax is for the purpose of raising revenues to defray the costs of operating the city government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as deter mined by the Board of Commissioners for the City of Hephzibah in its discretion. Section 30. Millage Rate, Due Dates, Payment Methods. The Board of Com missioners for the City of Hephzibah, by ordinance, shall establish a millage rate for the city property tax; a due date; and in what length of time these taxes must be paid. The Board of Commissioners for the City of Hephzibah, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. Section 31. Occupation and Business Taxes. The Board of Commissioners for the City of Hephzibah by ordinance shall have the power to levy such occupation or busi ness taxes as are not denied by general state law. Such taxes may be levied on both indi viduals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The Board of Commissioners for the City of Hephzibah may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in Section 37. Section 32. Licenses, Permits, Fees. The Board of Commissioners for the City of Hephzibah by ordinance shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a rea sonable fee for such license or permit where such activities are not now regulated by gen eral state law in such a way as to preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in Section 37. The Board of Commissioners by ordinance may establish reasonable require ments for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 33. Franchises. The Board of Commissioners for the City of Hephzibah shall have the power to grant franchises for the use of this city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The Board of Commissioners of the City of Hephzibah shall determine the duration, provisions, terms, whether the same shall be exclusive or non-exclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 TUESDAY, MARCH 23, 1982 2771 years and no franchise shall be granted unless the city receives just and adequate compen sation therefor. The Board of Commissioners for the City of Hephzibah shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him. The Board of Commissioners for the City of Hephzibah may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 34. Service Charges. The Board of Commissioners for the City of Hephzibah by ordinance shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health services, or any other services rendered within and without the corporate limits of the city for the total cost to the city of providing such services. If unpaid, such charges shall be collected as provided in Section 37. Section 35. Special Assessments. The Board of Commissioners for the City of Hephzibah by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 37. Section 36. Construction; Other Taxes. This city shall be empowered to levy any other tax allowed now or hereafter by state law and the specific mention of any right, power or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 37. Collection of Delinquent Taxes and Fees, (a) The Board of Com missioners for the City of Hephzibah by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under sections 29 through 36 by whatever reasonable means as are not precluded by general state law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fa.'s.; creation of liens against all property upon which taxes or fees are levied as of the assessment date of each year, which lien shall be superior to all other liens except that it shall have equal dignity with those of federal, state, or county taxes; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; and revoking city licenses for failure to pay any city taxes or fees. In cases of hardship, the Board of Commissioners for the City of Hephzibah shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments or on other amounts due to the city. (b) Transfer of Execution. The Board of Commissioners for the City of Hephzibah may assign or transfer any fi.fa. or execution issued for any tax, fee, or for any street, sewer or other assessment in the same manner and to the same extent as provided by Georgia law governing sales and transfers of tax fi.fa.'s. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi.fa.'s: provided, however, that upon levy of execution and sale of property pursuant to such fi.fa.'s, whether assigned, trans ferred or executed by the city, the owner of such property in fee simple or lesser interest shall not lose the right to redeem the property in accordance with the requirements of redemption of property sold under State or county ad valorem tax fi.fa.'s., as said require ments now exist or as may be hereinafter provided by law. Section 38. Fiscal Year. The Board of Commissioners for the City of Hephzibah shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the city government, unless otherwise provided by general state or federal law. Section 39. Preparation of Budgets. The Board of Commissioners for the City of Hephzibah may provide by ordinance for procedures and requirements for the prepara tion and execution of an annual operating budget and a capital improvement program and a capital budget including requirements as to the scope, content and form of such budgets and programs. 2772 JOURNAL OF THE HOUSE, Section 40. Submission of Budget to Board of Commissioners for the City of Hephzibah. On or before a date fixed by the Board of Commissioners for the City of Hephzibah but not later than sixty days prior to the beginning of each fiscal year, the city manager shall submit to the Board of Commissioners for the City of Hephzibah a pro posed operating budget for the ensuing fiscal year. The budget may be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recom mended for the next fiscal year, a general summary of the budget and such other com ments and information as deemed pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspec tion. Section 41. Action by Board of Commissioners for the City of Hephzibah on Budget, (a) The Board of Commissioners for the City of Hephzibah may amend the operating budget proposed by the city manager; except, that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues. (b) The Board of Commissioners for the City of Hephzibah shall adopt the final operating budget for the ensuing fiscal year not later than the last day of each fiscal year. If the Board of Commissioners for the City of Hephzibah fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year. Such adoption shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropria tions according to fund and by organizational unit, purpose or activity as set out in the budget preparation ordinance. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropria tions, or allotment thereof, to which it is chargeable. Section 42. Tax Levies. As the next order of business following adoption of the operating budget, the Board of Commissioners for the City of Hephzibah shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operat ing budget for defraying the expenses of the general government of this city. Section 43. Changes in Appropriations. The Board of Commissioners for the City of Hephzibah by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting, special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unap propriated surplus in the fund to which it applies or on a revised estimate of revenue. Section 44. Capital Improvements Budget, (a) On or before the date fixed by the Board of Commissioners for the City of Hephzibah but not later than sixty days prior to the beginning of each fiscal year, the city manager shall submit to the Board of Com missioners for the City of Hephzibah a proposed capital improvements budget with recom mendations as to the means of financing the improvements proposed for the ensuing fiscal year. The Board of Commissioners for the City of Hephzibah shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The Board of Commissioners for the City of Hephzibah shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency. TUESDAY, MARCH 23, 1982 2773 (b) The Board of Commissioners for the City of Hephzibah shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the last day of each fiscal year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by recom mendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 45. Independent Audit. There shall be an annual independent audit of all city accounts, funds and financial transactions by a certified public accountant selected by the Board of Commissioners for the City of Hephzibah. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. Section 46. Contracting Procedures. All contracts shall be made or authorized by the Board of Commissioners for the City of Hephzibah and no contracts shall bind the city unless reduced to writing and approved by the Board of Commissioners for the City of Hephzibah. Section 47. Sale of City Property, (a) The Board of Commissioners for the City of Hephzibah may sell and convey any real or personal property owned or held by the city for governmental or other purposes as provided by general state law as now or hereafter amended. (b) The Board of Commissioners for the City of Hephzibah, may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city the Board of Commissioners for the City of Hephzibah may authorize the city manager to execute and deliver in the name of the city a deed conveying said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so exe cuted and delivered shall convey all title and interest the city has in such property, not withstanding the fact that no public sale after advertisement was or is hereafter made. Section 48. Eminent Domain. The Board of Commissioners for the City of Hephzibah is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sew ers, drains, sewage treatment, water-works, electrical systems, gas systems, airports, hospi tals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under general law relative to condemnation of property, subject to such amend ments as shall be enacted, or any other Georgia law applicable now or provided in the future. Section 49. Prior Ordinances. All ordinances, bylaws, rules and regulations now in force in the city not inconsistent with this charter, are hereby declared valid and of full effect and force until amended or repealed by the Board of Commissioners for the City of Hephzibah. Section 50. Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings 2774 JOURNAL OF THE HOUSE, shall continue and any such ongoing work or cases shall be dealt with by such city agen cies, personnel or office as may be provided by the Board of Commissioners for the City of Hephzibah. Section 51. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be punishable as pro vided by general law of the State of Georgia. Section 52. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 53. Specific Repealer. This Act shall constitute the entire charter of the City of Hephzibah, repealing and replacing the charter approved October 24, 1870 (Ga. L. 1870, p. 204), as amended, particularly by the following Acts, as well as any other charters or amendments or other Acts, and the same are hereby repealed: Ga. L. 1872, p. 209; Ga. L. 1886, p. 254; Ga. L. 1887, p. 856; Ga. L. 1925, p. 1090; Ga. L. 1950, p. 2140; and Ga. L. 1951, p. 2853. Section 54. Repealer. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1971. By: Representative Lane of the 40th: A BILL to amend an Act providing for the powers and purposes of the East Point Business and Industrial Develop ment Authority, so as to clarify the procedure for appointing certain members of the authority; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 698. By: Senator Foster of the 50th: A BILL to create a new charter for the City of Dahlonega in the County of Lumpkin to provide for incorporation; to provide for corporate boundaries; to provide for specific and general powers and the construction and exercise thereof; to provide for a governing body, its form and members, their terms, qualifications, compensation and expenses; to provide for vacancy prohibitions, inquiries and investigations; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. TUESDAY, MARCH 23, 1982 2775 SB 742. By: Senators Greene of the 26th and Robinson of the 27th: A BILL to amend an Act establishing the board of public education and orphanage for Bibb County, so as to authorize said board to expend funds to acquire, improve, and sell real or personal property in connection with its secondary and postsecondary vocational education curricula or program; and for other pur poses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 751. By: Senator Kidd of the 25th: A BILL to create and establish a Small Claims Court of Putnam County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 755. By: Senator Foster of the 50th: A BILL to provide for the appointment of the superintendent of schools of Lumpkin County by the Board of Education of Lumpkin County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 756. By: Senator Foster of the 50th: A BILL to provide for the election of the members of the Board of Education of Lumpkin County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 789. By: Representatives Davis of the 45th, Widener of the 44th, Williams of the 48th, Burton of the 47th, and Elliott of the 49th: A RESOLUTION Proposing an amendment to the Constitution so as to limit the power of DeKalb County and the DeKalb County School District to impose, levy, collect, and receive ad valorem taxes; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph II of the Constitution is amended by adding at the end thereof a new paragraph to read as follows: 2776 JOURNAL OF THE HOUSE, "Notwithstanding any other existing or future provision of this Constitution or of gen eral law, neither DeKalb County nor the DeKalb County School District may impose, levy, collect, or receive any ad valorem tax at a mill rate higher than is authorized by this paragraph. (1) As used in this paragraph, the term 'local government' means DeKalb County and the DeKalb County School District. For purposes of this paragraph, taxes which are imposed, levied, or collected by DeKalb County on behalf of the DeKalb County School District are considered to be taxes imposed, levied, and collected by the DeKalb County School District. (2) The maximum allowable mill rate for taxes levied by each local government in 1983 and each year thereafter shall be the mill rate specified in this paragraph (2): (A) The maximum mill rate each such local taxing jurisdiction may levy in any tax year without a referendum shall be determined as follows: (i) multiply the mill rate actually billed to taxpayers by the local taxing jurisdiction for the tax year beginning January 1, 1980, by 105 percent; (ii) then, multiply the mill rate deter mined in (i) above, rounded off to the nearest five decimal places, by a fraction, rounded off to the nearest three decimal places, the numerator of which is the aver age net taxable digest for the local taxing jurisdiction for the two tax years immedi ately preceding the year the tax is to be levied; and the denominator of which is the net taxable digest for the local taxing jurisdiction for the tax year in which the levy is to be made. (B) The maximum allowable mill rate for each government in each year shall be reduced by the mill rate which would yield on the digest for that year an amount equal to the amount received by the local government in the immediately preceding year from any local sales and use tax other than the sales and use tax levied for purposes of the Metropolitan Atlanta Rapid Transit Authority. (C) The maximum allowable mill rate for the DeKalb County School District shall be increased in any year if the amount of required local effort credit appropri ation of state funds available to the school district intended for ad valorem tax relief (or any similar appropriation) for the immediately preceding year is less than the amount of such appropriation available to the school district for 1980. The amount of increase in the maximum allowable mill rate shall be the number of mills which would yield on the digest for that year an amount equal to the amount by which the local effort credit appropriation available to the school district for the preceding year is less than the amount of such appropriation so available in 1980. (3) Except as provided in this subsection (3), neither local government may in any year impose, levy, collect, or receive any ad valorem tax at a mill rate higher than the maximum allowable mill rate computed according to subsection (2). (A) Said mill rate limitation shall not apply to taxes to retire bonded indebted ness incurred following the approval of such indebtedness at a referendum. (B) Said mill rate limitation shall not apply to state taxes, and the provisions of this paragraph shall in no way affect state taxes. (C) Said mill rate limitation shall not apply to taxes levied for the express pur pose of paying the cost of any direct loss suffered by the local government as a result of war, insurrection, or other extraordinary peril, catastrophe, or emergency. The additional tax authorized herein shall be limited to the amount of expenditures necessary to place the local government in the position in which it would have been had such emergency not occurred. No such additional tax shall be levied except after adoption by a two-thirds' majority of a resolution of the local governing body which declares the existence of the emergency and specifies the resulting expendi tures. (D) Said mill rate limitation shall not apply to taxes levied for the express pur pose of paying the cost of expenditures which are mandated by court order or state or federal law and which are not funded by state or federal funds. No such addi tional tax shall be levied except after adoption by a two-thirds' majority of a resolu tion of the local governing body which identifies the source of the mandate and specifies the mandated expenditures. TUESDAY, MARCH 23, 1982 2777 (4) Except as provided in subsection (3), the local government may levy taxes in any year in excess of the maximum allowable mill rate for the year only if the increased levy is approved at a referendum by the voters of the local government. The local governing body shall hold at least three public hearings on the increased levy at different locations within the local government prior to the date of the referendum. Notice of each hearing shall be published once a week for at least three weeks prior to the hearing in the local government's legal organ. Such increased levy for any tax year may be made only if approved by a majority of the voters voting in the referen dum. At any time after January 1, 1986, the General Assembly may by local law change the method of computing or provide another method of computing the maximum allowable mill rate for DeKalb County and the DeKalb County School District." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to limit the power of DeKalb County and the DeKalb County School District to impose, levy, collect, ( ) NO and receive ad valorem taxes?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The following Committee substitute was read and adopted: A RESOLUTION Proposing an amendment to the Constitution so as to change the amount of home stead exemption granted to residents of DeKalb County from DeKalb County and DeKalb County school district taxes to $10,000.00; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is amended by striking therefrom all language added by a constitutional amendment set out at Ga. L. 1978, p. 2519, and inserting in lieu thereof the following: "Any other provisions of this Constitution to the contrary notwithstanding, each resi dent of DeKalb County is granted an exemption from all DeKalb County and DeKalb County school district ad valorem taxes in the amount of $10,000.00 of the assessed value of the homestead owned and occupied by him within DeKalb County. For the pur pose of DeKalb County and DeKalb County school district ad valorem taxes, the home stead exemption granted herein shall be in lieu of the basic homestead exemption of $2,000.00 granted by this Constitution; and the provisions of law relating to such basic homestead exemption shall comply to the homestead exemption granted by this para graph, except as to amount. Except for such basic homestead exemption of $2,000.00, the homestead exemption granted by this paragraph shall be in addition to and cumula tive of any other homestead exemption." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: 2778 JOURNAL OF THE HOUSE, "( ) YES Shall the Constitution be amended so as to change the amount of home stead exemption granted to residents of DeKalb County from DeKalb ( ) NO County and DeKalb County school district taxes to $10,000.00?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y AdamM Y Adama.M Y Aiken Y Anderson Argo Y Auten Y Balkcom Y Bargeron YBaugh Beal YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Branch Bray Brooks Buck Y Burruss Y Burton Byrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y ChUders Y Childs Clark,B Y Clark.L Y Colbert Coleman Y Collins Y Colwell Y Connell Couch YCox " Y Crawford Y Crosby Y Culpepper Y Cummings Darden Y Daugherty Davis.B Y Davis,J Davis,L Dean YDent Y Dixon YDobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Fortune Y Foster Y Fuller.C YGaler Ginsberg Y Glover YGodbee Greer YHam Hamilton Y Manner Harris Harrison Y Hasty Y Hawkins YHays Hill Y 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 Karrh Kemp Kilgore Lambert Y Lane,D Lane.R Y Lawson YLee YLogan YLong YLord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNii Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips.L.L Y Phillips,R.T Phillips,W.R Y Pilewicz Pinks ton Y Rainey Y Ralston YRamsey Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Russell Savage Y Scott,A Scott,D Y Shepard Y Sherrod Sizemore Smith,T Smith,V Y Smyre YSnow Y Steinberg YSwann Thomas Thompson Y Townsend Y Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y Williams,B.J Williams.H Y Williams,R Y Wilson YWood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, by substitute, the ayes were 134, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute. SR 227. By: Senator Foster of the 50th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that unless the joint county and municipal sales and use tax is approved for imposition within Towns County prior to November 1, 1982, then on and after January 1, 1983, said sales and use tax shall be imposed within Towns County, and the proceeds of said tax shall be allocated to the TUESDAY, MARCH 23, 1982 2779 Towns County School District for educational purposes of the Towns County School Sys tem and the ad valorem tax millage rate limitation applicable to said school system shall thereafter be reduced by an amount equivalent to the proceeds derived from said sales and use tax; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section V, Paragraph II of the Constitution is amended by adding at the end thereof a new paragraph to read as follows: "Unless the joint county and municipal sales and use tax provided for by Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated is approved for impo sition within the special district constituting Towns County prior to November 1, 1982, then said sales and use tax is hereby imposed within the special district constituting Towns County effective on and after January 1, 1983. Effective on and after January 1, 1983, said sales and use tax shall be imposed and collected within the special district constituting Towns County in the same manner as provided by said Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated. However, the total proceeds of such sales and use tax, except for the percentage allowance provided for in paragraph (1) of subsection (a) of Code Section 48-8-89 of the Official Code of Georgia Annotated, are hereby allocated to the Towns County School District for educational purposes of the Towns County School System. The allocation of the proceeds of such sales and use tax to the Towns County School District shall apply notwithstanding the provisions of Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated relating to the distribution of the proceeds of such sales and use tax, and the State Revenue Com missioner shall disburse the proceeds of such sales and use tax to the Towns County Board of Education rather than to the governing authority of Towns County and the governing authorities of municipalities within Towns County. If such sales and use tax is imposed on behalf of the Towns County School System as provided herein, then the ad valorem tax millage rate limitation applicable to the Towns County School District shall be reduced for the taxable year beginning on January 1, 1983, by a mill rate which, if levied against property taxable for educational purposes within the Towns County School District, would produce an amount of revenue equal to the proceeds of the sales and use tax expected to be received by the school system during the same taxable year. Thereafter, the ad valorem tax millage rate limitation applicable to the Towns County School District shall be reduced for each taxable year beginning on and after January 1, 1984, by a mill rate which, if levied against property taxable for educational purposes within the Towns County School District, would produce an amount of revenue equal to the proceeds of the sales and use tax received by the school system during the imme diately preceding taxable year. In the event the joint county and municipal sales and use tax provided for by Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated is approved for imposition within the special district constituting Towns County prior to November 1, 1982, then this paragraph shall be null, void, and of no force and effect. For the purposes of this paragraph, Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated shall be construed to mean Georgia Code Chapter 91A-46 and paragraph (1) of subsection (a) of Code Section 48-8-89 of the Offi cial Code of Georgia Annotated shall be construed to mean paragraph (1) of Code Sec tion 91A-4608 until November 1, 1982." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES ( ) NO Shall the Constitution be amended so as to provide that unless the joint county and municipal sales and use tax is approved for imposition within Towns County prior to November 1, 1982, then on and after January 1, 1983, said sales and use tax shall be imposed within Towns County, and the proceeds of said tax shall be allocated to the Towns County School 2780 JOURNAL OF THE HOUSE, District for educational purposes of the Towns County School System and the ad valorem tax millage rate limitation applicable to said school system shall thereafter be reduced by an amount equivalent to the pro ceeds derived from said sales and use tax?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The following Committee substitute was read and adopted: A RESOLUTION Proposing an amendment to the Constitution so as to require the Board of Education of the Union County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes from January 1, 1983, until December 31, 1984; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows: "The Board of Education of the Union County School District shall impose, levy, and collect a sales and use tax for educational purposes of that school district for a period beginning on January 1, 1983, and ending on December 31, 1984. This tax shall be at the rate of 1 percent, but in all other respects, except as otherwise provided in this para graph, shall correspond to the tax provided for by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipality sales and use tax. No referendum shall be required for the imposition of this tax. Nothing in this paragraph shall prohibit Union County and those municipalities located therein from imposing the joint county and municipality sales and use tax authorized by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated, and the tax imposed under this paragraph shall be in addition to such joint county and municipal sales and use tax. The Union County School District is authorized to contract or otherwise provide for the collection and administration of the tax required to be imposed under this para graph. The tax authorized by this paragraph may be imposed, levied, and collected as provided herein without further action by the General Assembly, but the General Assembly shall be authorized by local law to control the subject matter of this paragraph and to further define and implement its provisions. This authority may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph and any local law adopted pursuant to the authority of this paragraph shall control that subject matter notwithstanding the provisions of any conflicting general law. The authority for the tax authorized by this paragraph shall expire on January 1, 1985." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to require the Board of Educa tion of the Union County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes for a period begin ning on January 1, 1983, and ending on December 31, 1984?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote TUESDAY, MARCH 23, 1982 2781 If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Branch Bray Brooks Buck Y Burruss Y Burton Byrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Coleman Y Collins Y Colwell Y Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Darden Y Daugherty Davis.B Y Davis,J Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Y Eliiott Y Evans Y Felton Fortune Y Foster Y Fuller.C Y Galer Ginsberg Y Glover Y Godbee Greer YHam Hamilton Y Banner Harris Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin 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 Karrh Kemp Kilgore Lambert Y Lane.D Lane,R Y Lawson YLee Y Logan YLong YLord Y Lowe Y Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips,R.T Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Russell Y Scott,A Scott,D Y Shepard Y Sherrod Sizemore Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Thomas Thompson Y Townsend Y Triplet! Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson 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 Resolution, by substitute, the ayes were 134, nays 0. The Resolution, having received the requisite two-third constitutional majority, was adopted, by substitute. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House: HB 1285. By: Representative Ramsey of the 3rd: A BILL to amend Code Section 24A-3503, relating to children's fingerprints and photographs, so as to provide that fingerprints of a child 13 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the com mission of certain crimes; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. 2782 JOURNAL OF THE HOUSE, The President has appointed on the part of the Senate the following: Senators Deal of the 49th, Garner of the 30th, and Hudgins of the 15th. The Senate adheres to its amendment and has appointed a Committee of Conference on the following Resolution of the House: HR 510. By: Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 21st and Lee of the 72nd: A RESOLUTION to amend Resolution Act No. 1 (House Resolution No. 4), adopted at the 1981 Extraordinary Session of the General Assembly, which resolution proposes a new Constitution for the State of Geor gia to be presented to the people for ratification or rejection at the general elec tion in 1982, so as to make a technical change regarding the pardon or parole of persons convicted of armed robbery and delete certain references to earned time; and for other purposes. The President has appointed on the part of the Senate the following: Senators Dean of the 31st, Holloway of the 12th and Gillis of the 20th. The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 153. By: Representatives Moore of the 152nd, Triplett of the 128th, Jackson of the 77th, Wall of the 61st, Tuten of the 153rd, and others: A BILL to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees, so as to change the provisions relative to the defi nition of a public school employee; and for other purposes. The President has appointed on the part of the Senate the following: Senators Gillis of the 20th, Kennedy of the 4th, and Fincher of the 54th: The Senate adheres to its disagreement to the House amendments and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate: SB 506. By: Senator Land of the 16th: A BILL to amend Code Section 40-5-63 of the Offi cial Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to change the period of suspension in cases where a person in violation of Code Section 40-5-55 is the operator of a motor vehicle which is involved in an accident in which any person is killed; and for other purposes. The President has appointed on the part of the Senate the following: Senators Stumbaugh of the 55th, Howard of the 42nd and Land of the 16th. The Senate insists on its substitute to the following Bill of the House: HB 1349. By: Representatives Coleman of the 118th, Pinkston of the 100th, Hanner of the 130th, Ramsey of the 3rd, Phillips of the 59th, and Jackson of the 77th: A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the definition of the term "counterfeit substance"; to make it unlawful to manufacture, deliver, dis tribute, dispense, or sell a noncontrolled substance upon the express or implied TUESDAY, MARCH 23, 1982 2783 representation that the substance is a narcotic or nonnarcotic controlled sub stance; and for other purposes. The Senate insists on its amendment to the following Bill of the House: HB 1525. By: Representatives Rainey of the 135th and Peters of the 2nd: A BILL to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to eliminate the requirement that superior court clerks report to the Department of Natural Resources the disposition of game and fish prosecutions; and for other purposes. The Senate has agreed to the House substitute as amended by the Senate, to the fol lowing Bill of the Senate: SB 528. By: Senator Kidd of the 25th: A BILL to amend an Act providing minimum sala ries for sheriffs to be paid from county funds, so as to provide adequate com pensation for the sheriffs of the state; to change the minimum salaries provided by this Act; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House: HB 1700. By: Representatives Johnson, Wood, Benefield and Lee of the 72nd: A BILL to amend Code Title 91A, relating to public revenue, so as to change the amount of deductions by county tax officials from school taxes in certain counties; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. HB 1731. By: Representatives Pinkston of the 100th, Home of the 104th, Randall of the 101st, Birdsong of the 103rd, and Lucas of the 102nd: A BILL to amend an Act establishing a board of commissioners of Bibb County, so as to change the pro visions relating to commissioner districts; and for other purposes. HB 1732. By: Representatives Pinkston of the 100th, Home of the 104th, Randall of the 101st, Birdsong of the 103rd and Lucas of the 102nd: A BILL to amend the "Macon-Bibb County Water and Sewerage Authority Act," so as to change the provisions relating to electoral districts; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House: SB 729. By: Senator Scott of the 43rd: A BILL to amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, so as to change the provisions relative to school board districts; and for other purposes. SB 737. By: Senator Bell of the 5th: A BILL to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, so as to change the provisions relating to the descriptions of commissioner districts; and for other purposes. SB 757. By: Senator Stumbaugh of the 55th: A BILL to provide for an advisory referen dum within DeKalb County to determine the opinion of the electorate relative 2784 JOURNAL OF THE HOUSE, to DeKalb Community College continuing to be operated as an institution of the DeKalb County Board of Education or being transferred to the Board of Regents and operated as a unit of the University System of Georgia; and for other purposes. SB 776. By: Senator Foster of the 50th: A BILL to amend an Act creating the Office of Commissioner of Lumpkin County, so as to change the compensation of the commissioner; and for other purposes. SB 777. By: Senator Foster of the 50th: A BILL to amend an Act placing the Tax Com missioner of Lumpkin County upon an annual salary, so as to change the com pensation of the tax commissioner; and for other purposes. SB 778. By: Senator Foster of the 50th: A BILL to amend an Act placing the Sheriff of Lumpkin County upon an annual salary, so as to change the provisions relating to the compensation of the Sheriff; and for other purposes. SB 779. By: Senator Foster of the 50th: A BILL to amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Lumpkin County upon an annual salary, so as to change the compensation of the clerk of the superior court and the judge of the probate court; and for other purposes. SB 457. By: Senator Stephens of the 36th: A BILL to define the status and prescribe the duties and powers of certain employees of county adult probation departments in certain counties; and for other purposes. SB 774. By: Senator Walker of the 19th:. A BILL to reincorporate the City of Helena, Georgia, and to grant a new charter to the said City; and for other purposes. SB 775. By: Senator Walker of the 19th: A BILL to amend an Act providing for the elec tion of members of the Telfair County Board of Education from education dis tricts, so as to change the terms of office of certain current members; and for other purposes. SB 780. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to amend an Act creating the Magistrate's Court of Glynn County, so as to change the com pensation of the deputy magistrate; and for other purposes. SB 781. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to amend an Act relating to public education in Glynn County, and the several Acts amenda tory thereof, so as to provide that the Board of Education of Glynn County shall at all times consist of two members elected from each county commis sioner district in Glynn County; and for other purposes. HB 1767. By: Representatives Phillips of the 125th, Triplett of the 128th, Scott of the 123rd, Jones of the 126th, Ginsberg of the 122nd and Davis of the 124th: A BILL to amend an Act incorporating the City of Tybee Island, so as to remove certain territory from the territorial limits of the City of Tybee; to provide that such territory shall not be a part of the City of Tybee; and for other purposes. HB 1781. By: Representatives Hooks of the 116th and Castleberry of the lllth: A BILL to amend an Act providing for the compensation of county commissioners of counties having a population of not less than 26,290 and not more than 27,280, TUESDAY, MARCH 23, 1982 2785 so as to provide that the Act shall apply only in counties having a population of not less than 29,200 and not more than 30,000; and for other purposes. HB 1784. By: Representatives Scott of the 123rd, Davis of the 124th, Jones of the 126th, Chance of the 129th and Hill of the 127th: A BILL to amend an Act providing for an additional judge of the recorder's court in any county of this state having a population of not less than 180,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census, so as to change the population brackets and census references; and for other purposes. HB 1787. By: Representatives Hasty, Anderson and Harris of the 8th: A BILL to amend an Act placing the Clerk of the Superior Court of Pickens County on an annual salary, so as to change the compensation of the clerk of the superior court; and for other purposes. HB 1796. By: Representative Miles of the 107th: A BILL to amend an Act incorporating the City of Twin City in Emanuel County, so as to change the provisions rela tive to the amount of fines which may be imposed for violations of city ordi nances; to change the provisions relating to the compensation of the commissioners, mayor pro tempore, and mayor; and for other purposes. HB 1816. By: Representatives Ware of the 68th and Mullinax of the 69th: A BILL to amend an Act providing compensation for specified officers in Troup County, so as to change the salary of the sheriff, clerk of the superior court, tax commis sioner, and judge of the probate court; and for other purposes. HB 1817. By: Representatives Ware of the 68th and Mullinax of the 69th: A BILL to amend an Act creating a Small Claims Court of Troup County, so as to change the salary of the judge; and for other purposes. HB 1818. By: Representatives Ware of the 68th and Mullinax of the 69th: A BILL to amend an Act to change the compensation of the coroner of Troup County, so as to change the salary of the coroner; and for other purposes. HB 1786. By: Representatives Hasty, Anderson and Harris of the 8th: A BILL to amend an Act creating the office of Commissioner of Pickens County, so as to change the compensation of the commissioner; and for other purposes. HB 1788. By: Representatives Hasty, Anderson and Harris of the 8th: A BILL to amend an Act creating the office of Tax Commissioner of Pickens County, so as to change the compensation of the tax commissioner; and for other purposes. HB 1789. By: Representatives Hasty, Anderson and Harris of the 8th: A BILL to amend an Act placing the Judge of the Probate Court of Pickens County on an annual salary in lieu of the fee system of compensation, so as to change the compensa tion of the judge of the probate court; and for other purposes. HB 1790. By: Representatives Hasty, Anderson and Harris of the 8th: A BILL to amend an Act placing the Sheriff of Pickens County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff; and for other purposes. HB 1792. By: Representatives Castleberry of the lllth and Edwards of the 110th: A BILL to amend an Act creating the Board of Commissioners of Chattahoochee 2786 JOURNAL OF THE HOUSE, County, so as to change the compensation of the chairman and members of the Board; and for other purposes. HB 1793. By: Representative Castleberry of the lllth: A BILL to amend an Act relating to the sheriffs office and sheriff of Stewart County, so as to change the provi sions for compensation of the deputy sheriff; and for other purposes. HB 1794. By: Representative Ross of the 76th: A BILL to amend an Act providing for a board of commissioners of Warren County, so as to change the provisions relat ing to meetings of the board; to change the compensation provisions relating to the chairman and other members of the board of commissioners; and for other purposes. HB 1795. By: Representative Ross of the 76th: A BILL to amend an Act consolidating the offices of tax receiver and tax collector of Lincoln County into the office of tax commissioner of Lincoln County, so as to change the compensation of the tax commissioner; and for other purposes. HB 1797. By: Representative Crawford of the 5th: A BILL to provide that in certain coun ties the salary of the county commissioner shall be the same as that of the sher iff of the county; and for other purposes. HB 1798. By: Representatives McDonald of the 12th and Irvin of the 10th: A BILL to authorize the governing authority of Banks County to provide for supplemental compensation for the judge of the superior court in the Piedmont Judicial Cir cuit; and for other purposes. HB 1799. By: Representative Murphy of the 18th: A BILL to provide for the election of the members of the Board of Education of Haralson County; and for other pur poses. HB 1801. By: Representatives Cummings of the 17th and Montgomery of the 16th: A BILL to provide certain additional compensation for the clerk of the superior court of all counties of this state having a population of not less than 32,300 nor more than 32,800 according to the United States decennial census of 1980 or any future such census; and for other purposes. HB 1804. By: Representative Jones of the 78th: A BILL to repeal an Act entitled "An Act to amend Code Section 21-105 of the Code of Georgia of 1933, as amended, relating to the fees paid Coroners, so as to change the compensation of Coroners in certain counties..."; and for other purposes. HB 1831. By: Representative Vaughn of the 57th: A BILL to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the judge of the Probate Court; and for other purposes. HB 1830. By: Representative Vaughn of the 57th: A BILL to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the salary of the tax commissioner; and for other purposes. HB 1832. By: Representative Vaughn of the 57th: A BILL to amend an Act placing the sheriff of Rockdale County upon an annual salary, so as to change the compen sation of the sheriff; and for other purposes. TUESDAY, MARCH 23, 1982 2787 HB 1833. By: Representative Vaughn of the 57th: A BILL to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, so as to change the automobile expense allowance of the coroner; and for other purposes. HB 1834. By: Representative Vaughn of the 57th: A BILL to amend an Act creating a board of commissioners for Rockdale County, so as to change the compensation of the chairman and the other members of the board of commissioners; and for other purposes. HB 1835. By: Representative Vaughn of the 57th: A BILL to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the salary of the clerk; and for other purposes. HB 1837. By: Representatives Murphy of the 18th, and Thomas and Johnson of the 66th: A BILL to amend an Act creating a new charter for the City of Bremen, so as to change the corporate limits of the City of Bremen; and for other purposes. HB 1850. By: Representative Branch of the 137th: A BILL to amend an Act creating the Fitzgerald and Ben Hill County Development Authority, so as to change the provisions relating to the powers of the Authority; and for other purposes. HB 1851. By: Representatives Karrh of the 106th and Miles of the 107th: A BILL to amend an Act known as the "Emanuel County Development Authority Act," so as to change the limitation on the amount of interest which may be paid by said authority; and for other purposes. HB 1854. By: Representatives Auten of the 154th and Tuten of the 153rd: A BILL to amend an Act creating a Board of Commissioners of Glynn County, so as to change the number, composition, and method of election of members of the board of commissioners; and for other purposes. HB 1819. By: Representatives Ware of the 68th and Mullinax of the 69th: A BILL to amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), so as to change the compensation of the judge and the solicitor; and for other purposes. HB 1856. By: Representative Jackson of the 75th: A BILL to amend an Act creating the Small Claims Court of Walton County, so as to require said court to make a contribution from the fees collected to the board of trustees of the Walton County Law Library; and for other purposes. HB 1859. By: Representatives Ware of the 68th, and Johnson and Thomas of the 66th: A BILL to create and establish a Small Claims Court of Heard County; and for other purposes. HB 1890. By: Representative Murphy of the 18th: A BILL to amend an Act creating the office of County Commissioner of Haralson County, so as to change the com pensation of the County Commissioner of Haralson County; and for other pur poses. HB 1897. By: Representative Murphy of the 18th: A BILL to amend an Act placing the sheriff and the ordinary (now probate judge) of Haralson County on an annual 2788 JOURNAL OF THE HOUSE, salary in lieu of the fee system of compensation, so as to change the compensa tion of the sheriff of Haralson County; and for other purposes. HB 1411. By: Representative Pinkston of the 100th: A BILL to amend an Act known as Bibb County Water & Sewerage Authority Act, to repeal paragraph (b) of Sec. 4.5, entitled "Additional Powers," of the Charter of said Authority; to authorize the Authority to acquire insurance coverages, insuring its property, its Author ity members, its officers and its employees; and for other purposes. HB 1609. By: Representative Birdsong of the 103rd: A BILL to provide for the election of the members of the Board of Education of Twiggs County; and for other pur poses. HB 1610. By: Representative Birdsong of the 103rd: A BILL to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the provisions relating to the election of the members of the board; and for other purposes. HB 1766. By: Representative McDonald of the 12th: A BILL to authorize the governing authority of Jackson County to provide for supplemental compensation for the judge of the superior court in the Piedmont Judicial Circuit; and for other pur poses. HB 1768. By: Representatives Childers of the 15th, Adams of the 14th, and Montgomery of the 16th: A BILL to provide for the election of the judge of the Juvenile Court of Floyd County; to provide for terms, qualifications, compensation, removal, and vacancies; to provide for part-time practice of law by the judge; and for other purposes. HB 1775. By: Representatives Rainey of the 135th and Sizemore of the 136th: A BILL to amend an Act creating the Small Claims Court of Crisp County, so as to change the provisions relative to the cost of service; to change the provisions relative to the cost of filing claims; and for other purposes. HB 1779. By: Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th: A BILL to amend an Act providing for a board of elections in coun ties having a population of not less than 60,000 and not more than 65,000 according to the United States decennial census of 1970 or any future such cen sus, so as to change the provisions relative to population; and for other pur poses. HB 1782. By: Representatives Rowland of the 119th and Coleman of the 118th: A BILL to amend an Act creating and establishing the Small Claims Court in and for Laurens County, Georgia, so as to authorize the Chief Judge of the Laurens County Superior Court to fix an amount, not to exceed Two Dollars ($2.00), as additional court costs to be charged and collected for the purpose of providing funds for the Laurens County Law Library; and for other purposes. HB 1785. By: Representatives Godbee of the 82nd and Bargeron of the 83rd: A BILL to amend an Act providing that the governing authorities of all counties having a population of not less than 18,200 and not more than 18,900 according to the United States decennial census of 1970 or any future such census shall supple ment the compensation of certain district attorneys, so as to change provisions relative to population; and for other purposes. TUESDAY, MARCH 23, 1982 2789 HB 1705. By: Representative Ross of the 76th: A BILL to amend an Act creating a board of commissioners of roads and revenues of Lincoln County, so as to change the compensation of the chairman of the board of commissioners; and for other purposes. HB 1375. By: Representatives Bargeron of the 83rd, Godbee of the 82nd, Swann of the 90th, and Burruss of the 21st: A BILL to amend Code Chapter 91A-10, relating to ad valorem tax, so as to authorize local governments, boards of education, and developers to enter into agreements for the prepayment of ad valorem taxes and school taxes; to provide for definitions; to authorize local governments to adopt public improvement programs to be incorporated into tax prepayment agreements; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1479. By: Representative Smith of the 42nd: A BILL to amend Chapter 16 of Title 33 of the Official Code of Georgia Annotated, relating to farmers' mutual fire insurance companies, so as to change the geographic limitations of the opera tions of farmers' mutual fire insurance companies; and for other purposes. HB 1719. By: Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and Karrh of the 106th: A BILL to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts for each judicial circuit, so as to accurately reflect the number of superior courts for the Cordele Judicial Circuit and the Rome Judicial Circuit; and for other purposes. HB 1382. By: Representative McDonald of the 12th: A BILL to amend an Act establishing the Georgia Fire Fighters Standards and Training Council, so as to change the provisions relating to qualifications for firefighters; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1474. By: Representatives Castleberry of the lllth, Cheeks of the 89th, Kemp of the 139th, Buck of the 95th, Edwards of the 110th and others: A BILL to grant and prescribe the manner of expenditure for public schools and county roads of pro ceeds from timber sales from military installations and military facilities of the United States; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has agreed to the House substitutes to the following Bills of the Senate: SB 550. By: Senators Littlefield of the 6th and Wessels of the 2nd: A BILL to amend the Act known as the "Housing Authorities Law," so as to authorize authorities to purchase mortgage loans and other appropriate forms of collateral and partici pation interests therein from lenders of such loans and collateral to provide financing for dwelling units suitable for occupancy by persons and families of low and moderate income; and for other purposes. SB 253. By: Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A BILL to amend an Act known as the "Adequate Program for Education in Georgia Act," so as to provide the circumstances whereby local units of admin istration may be granted funding for construction in excess of annual entitlements; and for other purposes. SB 700. By: Senator Bowen of the 13th: A BILL to amend an Act creating a Small Claims Court in Dooly County, so as to change the jurisdiction of said court; to provide 2790 JOURNAL OP THE HOUSE, for a fee to the small claims court bailiffs for the execution of fi. fas.; and for other purposes. SB 458. By: Senator Deal of the 49th: A BILL to amend an Act creating the State Court of Hall County, so as to change the compensation provisions relating to the judge and the solicitor of said court; and for other purposes. SB 470. By: Senators Thompson of the 32nd, Barnes of the 33rd and Stumbaugh of the 55th: A BILL to amend Code Section 26-3102, relating to capital offenses, jury verdicts and sentences, so as to provide that a person may be sentenced to life imprisonment without parole under certain conditions; to provide that life imprisonment without parole shall not be imposed unless at least one statutory aggravating circumstance is found by the jury; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has adopted the conference committee report on the following Bill of the House: HB 1236. By: Representatives Lambert of the 112th, Argo of the 63rd, Murphy of the 18th, and Harris of the 8th: A BILL to make and provide appropriations for the fiscal year beginning July 1, 1982, and ending June 30, 1983; and for other purposes. The Senate has agreed to the House amendment to the following Bill of the Senate: SB 479. By: Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th, Brannon of the 51st, Thompson of the 32nd and Dean of the 31st: A BILL to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to change the provisions relating to possession of cocaine, heroin, and marijuana; to change the type of possession necessary to constitute an offense under this Code section; to create additional crimes relating to methaqualone; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 1401. By: Representatives Mann, Milford and Clark of the 13th, Russell of the 64th, Ross of the 76th and Evans of the 84th: A BILL to create the Upper Savannah River Development Authority and to authorize such authority to acquire, con struct, equip, maintain, and operate on public property boat docks; piers; boat ramps; cabins; recreational centers and areas; and for other purposes. HB 1408. By: Representatives Snow of the 1st, Culpepper of the 98th, Williams of the 48th, Evans of the 84th, Tuten of the 153rd and Bray of the 70th: A BILL to amend an Act known as the "Child Support Recovery Act," so as to define and redefine certain terms to include both child and spousal support within the cov erage of the Act; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has agreed to the House amendment to the Senate amendment to the fol lowing Bill of the House: HB 1486. By: Representative Russell of the 64th: A BILL to reincorporate and provide a new charter for the City of Bogart; and for other purposes. TUESDAY, MARCH 23, 1982 2791 The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House: HB 1715. By: Representatives Davis of the 124th, Vaughn of the 57th, Bishop of the 94th, Daugherty of the 33rd, Phillips of the 125th and others: A BILL to waive sover eign immunity to any action arising out of or in connection with any written contract now existing or hereafter entered into by the state, departments and agencies of the state, and state authorities; to provide for venue and service with respect to any such actions; to amend the Official Code of Georgia Anno tated accordingly; and for other purposes. HB 1406. By: Representatives Snow of the 1st, Culpepper of the 98th, Darden of the 19th, Williams of the 48th, Evans of the 84th and Tuten of the 153rd: A BILL to amend the "Child Support Recovery Act," so as to provide that information obtained by the Department of Human Resources may be utilized for locating a parent or child for the purpose of making or enforcing a child custody deter mination or in cases of parental kidnapping; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 634. By: Representatives Johnson of the 66th, Townsend of the 24th, Oliver of the 121st, and Hamilton of the 31st: A BILL to amend the "Housing Authorities Law," so as to delete certain references to the State Housing Authority Board which was abolished by said 1961 amendatory Act; to prohibit appointment of tenants as commissioners; and for other purposes. HB 1424. By: Representative Adams of the 14th: A BILL to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making tax returns, so as to change the time by which returns shall be submitted; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House: SR 377. By: Senator Turner of the 8th: A RESOLUTION commending the Georgia Christian School Basketball Team; and for other purposes. HR 707. By: Representatives Hasty, Anderson and Harris of the 8th and Childers of the 15th: A RESOLUTION authorizing the conveyance of certain state owned real property located in Bartow County, Georgia to Mr. James E. Tidwell; and for other purposes. Representative Wood of the 9th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate: SB 593. By: Senator Scott of the 43rd: A BILL to amend Code Section 56-2419, relating to construction of insurance policies, so as to provide that no other laws shall be construed to abrogate any insurer's rights or duties under policies of insur ance or provisions of policies of insurance which have been approved by the Insurance Commissioner of the State of Georgia; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. 2792 JOURNAL OF THE HOUSE, On the motion, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G Y AdamsJ Y Adams.M Y Aiken N Anderson Argo Y Auten N Balkcom Y Bargeron YBaugh Beal YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Branch NBray Brooks Buck Y Burruss Y Burton Byrd YCason 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 Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden N Daugherty Y Davis,B Y Davis,J Davis,L Dean YDent Y Dixon Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer NHam Hamilton Y Hanner Harris Harrison Y Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin Y Isakson Y JacksonJ Jackson.N Y Jackson, W Y Jessup Y Johnson.G Y Johnson,R Jones,B Y Jones.H Karrh YKemp Y Kilgore Y Lambert Y Lane.D Lane.R Y Lawson YLee YLogan YLong YLord YLowe Lucas Y Mangum Mann Y Marcus Y Martin On the motion, the ayes were 126, nays 7. The motion prevailed. Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips,L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Y Pinkston Y Rainey N Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson YRose Ross Y Rowland Russell Savage Y Scott,A Scott.D Y Shepard Y Sherrod Sizemore Smith.T Smith.V Smyre Y Snow Y Steinberg Y Swann Thomas Y Thompson Townsend Y Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y Wiliiams.B.J Williams,H Y Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy Due to mechanical defect, the vote of Representative Dobbs of the 74th was not recorded on the preceding roll call. He wished to vote "aye" thereon. House Rule 116, which provides that any bill or resolution that requires action by the Senate during the last three legislative days shall be immediately transmitted by the Clerk to the Senate, was read. The following Resolution of the House was read and adopted: HR 870. By: Representative Culpepper of the 98th and Ham of the 80th: A RESOLU TION commending the Crawford County High School Basketball Team; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 558. By: Senator Kidd of the 25th: A BILL to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to pris ons, county correctional institutions, and prisoners, so as to provide an increase in compensation for uniformed officers employed by the Department of Offender Rehabilitation in correctional institutions; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. TUESDAY, MARCH 23, 1982 2793 The following substitute, offered by Representative Colwell of the 4th, et al, was read and adopted: A BILL To amend an Act comprehensively and exhaustively revising, superseding, and consoli dating the laws relating to prisons, county correctional institutions, and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, so as to provide an increase in compensation for certain classes of employees of the Department of Offender Rehabilitation in correctional institutions; to provide for an increase in compensation for correctional officers serving as members of a tactical squad, providing direct supervision and control of inmates under sentences of death, serving as canine handlers, or providing direct supervision and control of inmates in special management units; to amend the Offi cial Code of Georgia Annotated accordingly; to provide effective dates; to provide for auto matic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act comprehensively and exhaustively revising, superseding, and consoli dating the laws relating to prisons, county correctional institutions, and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, is amended by adding between Sections 10A and 11 a new section, to be designated Section 10B, to read as fol lows: "Section 10B. Compensation of certain classes of officers, (a) The job classes of Correctional Officer I, Correctional Officer II, correctional sergeant, correctional lieuten ant, correctional captain, correctional major, transfer officer, and canine handler shall receive a two grade upward reassignment effective July 1, 1982. Each employee in such classes shall receive a two-step increase. (b) In addition to the salary increase provided in subsection (a) of this section, the following officers as certified by the commissioner of offender rehabilitation shall be entitled to a $100.00 per month salary supplement effective July 1, 1982: (1) Correctional officers serving on a tactical squad; (2) Correctional officers providing direct supervision and control of inmates under sentences of death; (3) Correctional officers serving as canine handlers; or (4) Correctional officers providing direct supervision and control of inmates in spe cial management units designated as such by the commissioner. (c) This section shall become effective only when and if funds are appropriated by the General Assembly for the purpose of implementing the provisions thereof." Part 2 Section 2. Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of state and counties, is amended by adding between Code Sec tions 42-5-37.1 and 42-5-38 a new Code section, to be designated Code Section 42-5-37.2, to read as follows: "42-5-37.2. (a) The job classes of Correctional Officer I, Correctional Officer II, cor rectional sergeant, correctional lieutenant, correctional captain, correctional major, trans fer officer, and canine handler shall receive a two grade upward reassignment effective July 1, 1982. Each employee in such classes shall receive a two-step increase. (b) In addition to the salary increase provided in subsection (a) of this Code section, the following officers as certified by the commissioner of offender rehabilitation shall be entitled to a $100.00 per month salary supplement effective July 1, 1982: (1) Correctional officers serving on a tactical squad; (2) Correctional officers providing direct supervision and control of inmates under sentences of death; 2794 JOURNAL OF THE HOUSE, (3) Correctional officers serving as canine handlers; or (4) Correctional officers providing direct supervision and control of inmates in spe cial management units designated as such by the commissioner, (c) This section shall become effective only when and if funds are appropriated by the General Assembly for the purpose of implementing the provisions thereof." Parts Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Aaron Y Adams,G Y Adam,J YAdam,M YAiken Y Andenon Argo YAuten NBalkcom Y Bargeron YBaugh teal YBeck Y Benefield YBenn YBirdsong Y Bishop Y Bolster Y Branch Bray Brooks YBuck YBurruss Y Burton YByrd YCason Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers YChilds Clark,B Y Clark.L Y Colbert Y Coleman Collins Y Colwell Y Connell Couch YCoi Crawford Y Crooby Y Culpepper Y Cummings YDarden Daugherty Davis.B YDavisJ Y Davis.L Dean YDent YDaon YDobbs Y Dover Y Edwards YElliott Y Evans Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover NGodbee Greer YHam Hamilton Y Manner Y Harris Y Harrison Y Hasty Hawkins YHays YHffl Y Holmes Y Hooks Home Y Hutchinson Ylrvin Y Isakson Y Jackson,J Jackson,N Y Jackson.W YJessup Y Johnson.G Y Johnson,R Y Jones.B Y Jones.H YKarrh YKemp Y Kilgore Lambert YLaneJ) Lane.R YLawson YLee YLogan YLong YLord Lowe Y Lucas Y Mangum YMann Y Marcus Y Martin Matthews McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNii Y Oliver Y Padgett YParham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips,L.L Y Phillips,R.T N Phillips.W.R Y Pilewicz Y Pinkston YRainey Ralston YRamsey Randall Y Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell Savage Scott.A Scott,D Y Shepard Y Sherrod Sizemore Smith.T Smith.V YSmyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett YTuten YTwiggs Y Vandiford Y Vaughn YVeazey Y Waddle Y Walker Wall Ware Y Watson White Y Widener Y Williams.B J Williams.H Y Williams,R Y Wilson Y WoodJ Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, by substitute, the ayes were 135, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 325. By: Senator Howard of the 42nd: A BILL to amend Code Title 8, relating to attachment, so as to provide when a judgment of attachment binds the defend ant's property; to provide for setting aside judgments; to provide for issue of TUESDAY, MARCH 23, 1982 2795 execution and levy on judgments; to provide for application of proceeds of sales; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Title 8, relating to attachment, as amended, so as to provide when a judgment of attachment binds the defendant's property; to provide for setting aside judgments; to provide for issue of execution and levy on judgments; to provide for applica tion of proceeds of sales; to provide for attachment liens and priorities; to require entries in the attachment docket; to provide for all related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Title 8, relating to attachment, as amended, is amended by adding a new Code Chapter 8-9 to read as follows: "CHAPTER 8-9. LIEN, JUDGMENT, AND EXECUTION 8-901. When judgment binds defendant's property. When the defendant has given bond and security, or when he has appeared and made defense by himself or attorney at law without raising a valid defense of lack of jurisdiction over the person, the judg ment rendered against him in such case shall bind all his property and shall have the same force and effect as when there has been personal service, and execution shall issue accordingly, but it shall be first levied upon the property attached. In all other cases, the judgment on the attachment shall only bind the property attached, and the judg ment shall be entered only against such property. 8-902. Judgment may be set aside for fraud or want of consideration. A judgment in attachment may be set aside in a court of law upon an issue suggesting fraud or want of consideration, tendered by a judgment creditor of the defendant in attachment. 8-903. Executions must issue on all judgments; property on which levied. After the judgment has been obtained in any case of attachment, execution shall issue as in cases at common law, which execution shall be levied in the same manner as executions issu ing at common law, and the proceedings in all respects shall be the same, except that when the judgment only binds the property levied on by the attachment, as aforesaid, the execution shall be issued against such property only, and that property only shall be levied on and sold. 8-904. Application of money raised by sale of property. All money raised by the sale of defendant's property, or otherwise, by virtue of this Title, shall be paid over to the creditors of the defendant, according to the priority of the lien of their judgments, except that as between attaching creditors the attachment first levied shall be first satis fied, to the entire exclusion of any attachment of younger levy. 8-905. Lien of attachments; priorities. The lien of an attachment is created by the levy, and not the judgment in the attachment; and in case of a conflict between attach ments, the first levied shall be first satisfied; but in a contest between attachments and ordinary judgments or suits, it is the judgment and not the levy which fixes the lien. However, the lien of an attachment shall have priority over the lien of an ordinary judg ment that has been obtained upon a suit filed after the levy of the attachment. 8-906. Lien on realty only after entry on docket. As against the interests of third par ties acting in good faith and without notice who may have acquired a transfer or lien binding any real estate no attachment levied upon real estate shall be a lien on the same from the levy thereof, unless said attachment is entered upon the attachment docket of the county in which the real estate is situated within five days from said levy. When the attachment is entered upon the docket after the five days, the lien shall date from 2796 JOURNAL OF THE HOUSE, such entry; and it shall be the duty of the sheriff to have said entry made within the five days. Nothing in this section shall be construed to affect the validity or force of any attachment as between the parties thereto." Part 2 Section 2. Chapter 3 of Title 18 of the Official Code of Georgia Annotated, relating to attachment proceedings, is amended by adding a new Article 4 to read as follows: "ARTICLE 4 18-3-70. When the defendant has given bond and security, or when he has appeared and made defense by himself or attorney at law without raising a valid defense of lack of jurisdiction over the person, the judgment rendered against him in such case shall bind all his property and shall have the same force and effect as when there has been personal service, and execution shall issue accordingly, but it shall be first levied upon the property attached. In all other cases, the judgment on the attachment shall only bind the property attached and the judgment shall be entered only against such prop erty. 18-3-71. A judgment in attachment may be set aside in a court of law upon an issue suggesting fraud or want of consideration, tendered by a judgment creditor of the defendant in attachment. 18-3-72. After the judgment has been obtained in any case of attachment, execution shall issue as in cases at common law, which execution shall be levied in the same man ner as executions issuing at common law; and the proceedings in all respects shall be the same, except that when the judgment only binds the property levied on by the attachment, as aforesaid, the execution shall be issued against such property only and that property only shall be levied on and sold. 18-3-73. All money raised by the sale of defendant's property or otherwise, by virtue of this chapter, shall be paid over to the creditors of the defendant, according to the priority of the lien of their judgments, except that as between attaching creditors the attachment first levied shall be first satisfied to the entire exclusion of any attachment of younger levy. 18-3-74. The lien of an attachment is created by the levy and not the judgment in the attachment; and in case of a conflict between attachments, the first levied shall be first satisfied; but in a contest between attachments and ordinary judgments or suits, it is the judgment and not the levy which fixes the lien. However, the lien of an attach ment shall have priority over the lien of an ordinary judgment that has been obtained upon a suit filed after the levy of the attachment. 18-3-75. As against the interests of third parties acting in good faith and without notice who may have acquired a transfer or lien binding any real estate, no attachment levied upon real estate shall be a lien on the same from the levy thereof unless said attachment is entered upon the attachment docket of the county in which the real estate is situated within five days from said levy. When the attachment is entered upon the docket after the five days, the lien shall date from such entry; and it shall be the duty of the sheriff to have said entry made within the five days. Nothing in this Code section shall be construed to affect the validity or force of any attachment as between the par ties thereto." Part3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. TUESDAY, MARCH 23, 1982 2797 The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 104, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 480. By: Senators Cobb of the 28th, Timmons of the llth, Bowen of the 13th, Brannon of the 51st, Thompson of the 32nd and Dean of the 31st: A BILL to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to require the reporting of certain currency transac tions in excess of $10,000.00 made with financial institutions; and for other pur poses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: N Aaron Y Adams,G Y Adams,J Y Adams.M Aiken N Anderson Argo Y Auten N Balkcom Y Bargeron Y Baugh NBeal YBeck Y Benefield Benn Birdsong N Bishop Y Bolster Y Branch YBray Brooks YBuck Burruss Y Burton YByrd Y Cason N Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Y Clark.L Y Colbert Coleman Collins N Colwell Y Connell Couch Cox N Crawford Y Crosby Culpepper Y Cummings Y Darden N Daugherty Y Davis.B Davis.J Y Davis.L NDean Dent Y Dixon N Dobbs Y Dover Edwards Y Elliott Y Evans Y Felton Y Fortune N Foster N Fuller.C YGaler Y Ginsberg Glover Y Godbee Greer Y Ham Hamilton Hanner Y Harris Y Harrison Y Hasty Y Hawkins NHays NHill N Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N Y Jackson.W 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 YLong YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford N Montgomery Moody N Moore Mos tiler MuJlinax Y Nicholson Y Nix N Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T N Phillips,W.R Y Pilewicz Y Pinkston Y Rainey N Ralston Y Ramsey Randall Reaves Y Richardson Y Robinson YRose N Ross Y Rowland Y Russell Savage Scott.A Y Scott.D Y Shepard Y Sherrod Sizemore Smith.T Smith.V Smyre Snow N Steinberg Y Swann N Thomas Thompson Townsend Y Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson White Widener Y Williams.B.J Williams.H N Williams.R Wilson Y Wood.J Y Wood.J.T N Workman Speaker Murphy On the passage of the Bill, the ayes were 108, nays 27. The Bill, having received the requisite constitutional majority, was passed. The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto: HB 1731. By: Representatives Pinkston of the 100th, Home of the 104th, Randall of the 101st, Birdsong of the 103rd, and Lucas of the 102nd: A BILL to amend an Act 2798 JOURNAL OF THE HOUSE, establishing a board of commissioners of Bibb County, so as to change the pro visions relating to commissioner districts; and for other purposes. The following Senate amendment was read: Amend HB 1731 by striking the descriptions of Districts No. 3 and 4 from line 1 of page 3 through line 49 of page 3 and inserting in lieu thereof the following: "District No. 3 Bibb Tract 102 Blocks 203 through 205, 207 through 212, 214, and 215 Block Groups 3 and 4 Tract 110 Tract 113 Blocks 111, 112, 114, 115, 118, 121 through 124, 126, and 127 Tracts 117.01 and 118 through 121 Tract 122 Blocks 101 through 103 and 109 through 117 Tract 123 That part of Block 101 outside the City of Macon Blocks 102 through 106, 118, 119, 603 through 620, 622, and 623 Tract 124 Block Group 1 Blocks 201 through 204 Tract 134.01 Tract 134.02 Except Block 913 Tract 136.01 Blocks 301, 302, and 316 Block Group 4 District No. 4 Bibb Tract 126 Blocks 312 through 323 Block Group 4 Blocks 903 and 904 Tract 129 Tract 130 Blocks 125 through 128, 205 through 208, 901 through 903, and 907 Tracts 131.01 and 131.02 Tract 132.01 Blocks 101 through 109 Block Groups 3 and 9 Tract 132.02 Blocks 213 through 218 Block Group 3 Tract 134.02 Block 913 TUESDAY, MARCH 23, 1982 2799 Tracts 135.01 and 135.02 Tract 136.01 Block Groups 1 and 2 Blocks 303 through 315, 317 through 324, and 334 through 340 Tract 136.02" Representative Pinkston of the 100th moved that the House agree to the Senate amendment to HB 1731. On the motion, the ayes were 103, nays 0. The motion prevailed. HB 1732. By: Representatives Pinkston of the 100th, Home of the 104th, Randall of the 101st, Birdsong of the 103rd and Lucas of the 102nd: A BILL to amend the "Macon-Bibb County Water and Sewerage Authority Act," so as to change the provisions relating to electoral districts; and for other purposes. The following Senate amendment was read: Amend HB 1732 by striking the descriptions of Districts No. 3 and 4 from line 55 of page 2 through line 40 of page 3 and inserting in lieu thereof the following: "District No. 3 Bibb Tract 102 Blocks 203 through 205, 207 through 212, 214, and 215 Block Groups 3 and 4 Tract 110 Tract 113 Blocks 111, 112, 114, 115, 118, 121 through 124, 126, and 127 Tracts 117.01 and 118 through 121 Tract 122 Blocks 101 through 103 and 109 through 117 Tract 123 That part of Block 101 outside the City of Macon Blocks 102 through 106, 118, 119, 603 through 620, 622, and 623 Tract 124 Block Group 1 Blocks 201 through 204 Tract 134.01 Tract 134.02 Except Block 913 Tract 136.01 Blocks 301, 302, and 316 Block Group 4 District No. 4 Bibb 2800 JOURNAL OF THE HOUSE, Tract 126 Blocks 312 through 323 Block Group 4 Blocks 903 and 904 Tract 129 Tract 130 Blocks 125 through 128, 205 through 208, 901 through 903, and 907 Tracts 131.01 and 131.02 Tract 132.01 Blocks 101 through 109 Block Groups 3 and 9 Tract 132.02 Blocks 213 through 218 Block Group 3 Tract 134.02 Block 913 Tracts 135.01 and 135.02 Tract 136.01 Block Groups 1 and 2 Blocks 303 through 315, 317 through 324, and 334 through 340 Tract 136.02" Representative Pinkston of the 100th moved that the House agree to the Senate amendment to HB 1732. On the motion, the ayes were 103, nays 0. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 485. By: Representatives Buck of the 95th, Smyre of the 92nd, Galer of the 97th, Coleman of the 118th, and Bishop of the 94th: A BILL to amend Code Title 56, so as to clarify existing laws and to provide that nonprofit hospital service corporations organized under the provisions of Code Chapter 56-17 and non profit medical service corporations organized under the provisions of Code Chapter 56-18 may invest in or lend their funds on security of such assets as are permitted by Code Chapter 56-10 for the investment of assets of domestic life insurance companies; and for other purposes. HB 1464. By: Representatives Mullinax of the 69th, Wood of the 72nd, Mostiler of the 71st, Aaron of the 56th, White of the 132nd and Ginsberg of the 122nd: A BILL to amend Code Title 114, relating to workers' compensation, so as to change the provisions relating to income benefits for total disability; to change the provi sions relating to income benefits for permanent partial disability; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House: TUESDAY, MARCH 23, 1982 2801 HB 364. By: Representative Coleman of the 118th: A BILL to amend Code Chapter 34-13, relating to preparation for and conduct of primaries and elections, so as to change the number of electors which a person may assist in any primary or election; to require electors to show identification upon request of poll officers; and for other purposes. HB 1270. By: Representatives Johnson of the 66th, Murphy of the 18th, Thomas of the 66th and Phillips of the 120th: A BILL to amend the "Georgia Safe Dams Act of 1978," so as to specify what spillways shall comply with the Act; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1725. By: Representatives Wilson, Thompson and Darden of the 19th, Harrison and Nix of the 20th, and others: A BILL to amend an Act creating the Downtown Marietta Development Authority, so as to enlarge the Downtown Marietta Dis trict; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 1492. By: Representative Greer of the 43rd: A BILL to amend an Act providing that in Fulton County, the judge of the probate court, sheriff, clerk of superior court, tax receiver, tax collector, and county treasurer may appoint a chief dep uty, chief clerk, or chief assistant, so as to provide conditions upon which the chief clerk of the Probate Court of Fulton County may fill a vacancy; and for other purposes. The Senate has passed by the requisite constitional majority the following Bills of the Senate: SB 759. By: Senator Evans of the 37th: A BILL to repeal an Act creating the City of Atlanta Group Insurance Board Authority; and for other purposes. SB 782. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to change the method of selection of members of the Glynn-Brunswick Hospital Authority; to provide for qualifications of members; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 1435. By: Representatives Parham of the 109th and Baugh of the 108th: A BILL to amend Code Title 79A, relating to the manufacture, production, distribution, and use of drugs, medicines, poisons, so as to amend the list of dangerous drugs; to amend the exemptions from the list of dangerous drugs; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 513. By: Senators Reynolds of the 48th, Turner of the 8th, Lester of the 23rd and oth ers: A BILL to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official 2802 JOURNAL OF THE HOUSE, Code of Georgia Annotated, relating to erection and control of outdoor advertis ing in areas adjacent to highway rights of way, so as to repeal the provision relating to the Outdoor Advertising Citizens Advisory Council; to revise the pro visions relating to trimming trees and vegetation; and for other purposes. The following substitute, offered by Representatives Triplett of the 128th and Karrh of the 106th, was read: A BILL To amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to erection of outdoor advertising and the control thereof in areas adjacent to highway rights of way, so as to delete the provisions relating to the Outdoor Advertising Citizens Advisory Council; to provide for moving certain signs under certain conditions; to revise the provisions relating to the trimming of trees and vegetation; to pro vide for other matters relative to the foregoing; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to erection of outdoor advertising and the control thereof in areas adjacent to highway rights of way, is amended by striking Code Section 32-6-75.1, which reads as follows: "32-6-75.1. (a) The commissioner shall appoint an Outdoor Advertising Citizens Advisory Council composed of seven members. The advisory council shall include the chairman of the Senate Transportation Committee; the chairman of the House Highway Committee; a member from the Georgia Conservancy; a member from the Garden Clubs of Georgia, Inc.; two members with business interests in the outdoor advertising indus try; and the director of the Operations Division of the Georgia Department of Transpor tation. (b) The advisory council shall aid the commissioner in formulating policies and dis cussing problems related to the administration of this article. In addition, the advisory council shall advise the commissioner on the standards and policies to be used by the department in the following specific areas: (1) The study of whether the trimming of trees and vegetation on state rights of way should be permitted in front of legal and nonconforming outdoor advertising signs; and (2) If the commissioner, after consultation with the advisory council, determines that such trimming should be permitted, the advisory council shall advise the depart ment on the manner and standards under which such permits should be granted by the department, as well as the standards for the maintenance of such trimmed areas. (c) The advisory council shall meet to elect a chairman and vice-chairman and to establish the rules governing its operation. The advisory council shall meet at the call of the chairman and shall meet not less than semiannually nor more than 12 times per year. (d) Each advisory council member shall be compensated at a rate of $44.00 per day and shall be reimbursed for any necessary expenses. Any full-time state employee on the advisory council shall draw no compensation but shall receive necessary expenses. The commissioner is authorized to pay such compensation and expenses from department funds.", in its entirety and substituting in lieu thereof a new Code Section 32-6-75.1 to read as fol lows: "32-6-75.1. (a) As an alternative to obtaining a trimming permit pursuant to Code Sections 32-6-75.2 and 32-6-75.3 of this part, any person, firm, or corporation maintain ing a sign for which a permit has been issued by the department pursuant to this part may apply to the department for a sign-moving permit subject to the requirements of this Code section. TUESDAY, MARCH 23, 1982 2803 (b) The department shall issue a sign-moving permit for a conforming sign and may, at its discretion, issue a sign-moving permit for a nonconforming sign to an applicant therefor if the department approves the proposed new location for the sign and if the applicant: (1) Shows that the sign which is to be moved is obscured by trees or other vegeta tion; (2) Owns or controls the property to which the sign is to be relocated and the pro posed location is not more than two miles from the location of the sign which is to be moved; (3) Shows that the proposed new location will afford an unobstructed view of the sign without the necessity of trimming any trees or other vegetation; (4) Agrees that no trimming permit for the sign at its new location will be issued at any time after the sign has been moved; (5) Agrees that the total cost incurred in moving the sign will be borne by the applicant; and (6) Enters into a contract with the department pursuant to subsection (c) of this Code section if said subsection applies to the applicant and to the sign which is the subject of the sign-moving permit. (c) (1) This subsection shall apply to those persons, firms, or corporations owning or controlling nonconforming signs for which permits have been issued pursuant to Code Section 32-6-79 of this part. (2) The department shall issue a sign-moving permit for a nonconforming sign to be moved to a location where it will retain nonconforming status only if the applicant for the permit enters into a contract with the department agreeing that: (A) The applicant shall remove annually the number of nonconforming signs which the applicant owns or controls which is equivalent to 25 percent, or at least one nonconforming sign if the applicant owns or controls less than four nonconforming signs, of the number of sign-moving permits for nonconforming signs issued to the applicant during the immediately preceding calendar year, within 90 days after the close of such calendar year; or (B) The applicant shall remove each nonconforming sign, for which a signmoving permit is issued, within five years after the date of the issuance of the signmoving permit for such nonconforming sign. (3) The department shall keep a record of all sign-moving permits for nonconform ing signs issued to applicants subject to this subsection in order to enforce the requirements of contracts entered into pursuant to paragraph (2) of this subsection. (4) Any contract executed under paragraph (2) of this subsection shall be binding upon any person, firm, or corporation subsequently gaining ownership or control of nonconforming signs subject to the requirements of any such contract. The issuance of sign-moving permits for nonconforming signs under this subsection shall constitute adequate compensation for nonconforming signs removed pursuant to a contract exe cuted pursuant to this subsection, and each such contract shall require an acknowledg ment and agreement from the applicant to that effect. (d) A sign-moving permit shall be issued only for legally erected conforming or nonconforming signs. No sign-moving permit shall be issued to any applicant who owns or controls any sign which is erected or maintained without a permit in violation of this part." Section 2. Said Part 2 is further amended by striking Code Sections 32-6-75.2 and 32-6-75.3 in their entirety and substituting in lieu thereof new Code Sections 32-6-75.2 and 32-6-75.3 to read as follows: "32-6-75.2. (a) Notwithstanding any ether provisions ef- this tittej the commissioner The department shall have the authority te issue permits and the annual renewal tiiercoi fof tftc tin}i&iiij of trees And ve^etfttion OR trie suite s unfits of wny tor me piiF" pose ef administering this article a trimming permit to any person, firm, or corporation maintaining a conforming sign for which a permit has been issued by the department 2804 JOURNAL OF THE HOUSE, pursuant to this part and shall be authorized, but not required, to issue a trimming per mit for a nonconforming sign for which a permit has been issued pursuant to Code Sec tion 32-6-79 of this part, but such trimming permits shall be issued only jn conformity with the requirements of this Code section and Code Section 32-6-75.3. (b) Such trimming permits shall be issued only for individual signs and shall autho rize the holder thereof or the department to trim vegetation as may be reasonably neces sary to maintain the visibility of the sign for its intended purpose. (c) Each trimming permit issued by the department shall clearly state the conditions of its issuance and its expiration date, which shall not exceed one year from the date of its issuance, but such permit shall be renewed by the department if the permit is for a conforming sign, and may be renewed", at the discretion of the department, if the per mit is for a nonconforming sign, as provided in Code Section 32-6-75.3 upon application therefor to the department. The conditions for the issuance of a trimming permit shall include the method or methods by which the trimming shall be accomplished and shall require the planting of dogwood trees or other appropriate vegetation in the area trimmed and shall require such landscaping to be established and maintained at the expense of the applicant. (d) A trimming permit shall be issued for nonconforming signs only at locations where the advertising sign installation preceded the obscuring growth. No trimming per mit shall be issued to provide visibility where none existed or exists at a proposed illegal or nonconforming sign location. No trimming permit shall be issued to any applicant who owns or controls any sign which is erected or maintained without a permit in viola tion of this part. (e) The vegetation control area for a trimming permit shall not exceed the greater of 500 feet or five seconds travel time at the speed limit along the highway from the viewable face or faces of the advertising sign. (f) When making application for a trimming permit under Code Section 32-6-75.3, the applicant shall file with the department a certificate of insurance indicating liability coverage in the amounts of a minimum of $100,000.00 because of bodily injury or death of one person in any one accident, a minimum of $300,000.00 because of bodily injury or death of two or more persons in any one accident, and a minimum of $50,000.00 because of injury to or destruction of property of others in any one accident and con taining a provision that it shall not be cancelable without ten days' notice having been first given to the department. The provisions of this subsection shall not apply to a trimming permit when the department develops the landscaping plan and accomplishes the trimming pursuant to paragraph (1) of subsection (b) of Code Section 32-6-75.3. (g) (1) This subsection shall be applicable to those persons, firms, or corporations owning or controlling nonconforming signs for which permits have been issued pursu ant to Code Section 32-6-79 of this part. (2) The department may, at its discretion, issue trimming permits for nonconform ing signs to applicants subject to this subsection only if the applicant enters into a contract with the department agreeing that: (A) The applicant shall remove annually the number of nonconforming signs which the applicant owns or controls which is equivalent to 25 percent, or at least one nonconforming sign if the applicant owns or controls less than four nonconform ing signs, of the number of trimming permits for nonconforming signs issued to the applicant during the immediately preceding calendar year, within 90 days after the close of such calendar year; or (B) The applicant shall remove each nonconforming sign, for which a trimming permit is issued, within five years after the date of the issuance of the first trim ming permit for such nonconforming sign. (3) The department shall keep a record of all trimming permits for nonconforming signs issued to applicants subject to this subsection in order to enforce the require ments of contracts entered into pursuant to paragraph (2) of this subsection. The annual renewal of a trimming permit for a nonconforming sign shall not constitute the issuance of a trimming permit for the purposes of this subsection. (4) Any contract executed under paragraph (2) of this subsection shall be binding upon any person, firm, or corporation subsequently gaining ownership or control of TUESDAY, MARCH 23, 1982 2805 nonconforming signs subject to the requirements of any such contract. The issuance of trimming permits for nonconforming signs under this subsection shall constitute adequate compensation for nonconforming signs removed pursuant to a contract exe cuted pursuant to this subsection, and each such contract shall require an acknowledg ment and agreement from the applicant to that effect. 32-6-75.3. (a) Application for a tree trimming permit and the annual renewal thereof shall be made upon the forms prescribed and provided by the department and shall contain the signature of the applicant and such other information as may be required by the department's rules and regulations. The applicant shall cither: (1)--Attach te the application form a copy ef the landscape plan for the area uftsircd to 06 trimmed suet ditcr ftpjwovfti oy tft6 dcpflrtmetrt sriflii trim **ie oped ftt its own expense; ef {2)--Request that the department develop a landscape plaft and- tffl the area, and the applicant shaH then reimburse the department for the plan and the trimming. (b) At the option of the department, the trimming permit shall: (1) Require the department to develop a landscape plan and trim the area and require the applicant to reimburse the department for the plan and the trimming; or (2) Require the applicant to trim the area at the applicant's own expense in con formity with a landscape and trimming plan approved by the department and issued to the applicant at the time the trimming permit is issued. {b} (c) An application fee of $25.00 shall accompany the application for each tree trimming permit, and both the application and the fee shall be submitted to the depart ment. There shall be a fee of $26.00 $5.00 for the annual renewal of the permit. T-he money f6C6ived IPOHI W1686 p6fnoit tecs snflu 06 used to iicip dotrfty t)ii6 expenses or administering this Code section, any provisions ef Code Section 48-2-17 t the contrary notwithstanding. (d) It shall be a misdemeanor for any person, firm, or corporation to violate the pro visions of a landscape and trimming plan approved by the department and issued with a trimming permit as provided in paragraph (2) of subsection (b) of this Code section." Section 3. Said Part 2 is further amended by striking Code Section 32-6-90 in its entirety and substituting in lieu thereof a new Code Section 32-6-90 to read as follows: "32-6-90. The department is authorized te shall promulgate rules and regulations governing the issuance and revocation of permits for the erection and maintenance of outdoor advertising which is authorized by Code Sections 32-6-72 and 32-6-73 and which is not prohibited by this part. The department is further authorized te shall also promulgate rules and regulations governing the issuance, revocation, and renewal of per mits for the trimming of trees and vegetation on the state's rights of way authorized and for the moving of signs as provided by Code Section Sections 32-6-75.1, 32-6-75.22 and 32-6-75.3. Such rules and regulations shall be consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy of the state declared in this part, and consistent with the purposes of the Highway Beautification Act of 1965, Public Law 89-285, as amended, and contained in Title 23, United States Code. The department is further authorized to promulgate such rules and regulations as are necessary to carry out this part." Section 4. This Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Ham of the 80th moves to amend the substitute to SB 513 by adding between lines 20 and 21 on page 4, the following: "No signs will be removed under this Act without the written approval of the owner of the fee simple title to the real estate where said sign is located." 2806 JOURNAL OF THE HOUSE, On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Aaron N Adams.G N Adams.J N Adams.M N Aiken Y Anderaon Argo Y Auten Y Balkcom N Bargeron NBaugh NBeal NBeck N Benefield YBenn N Birdsong Y Bishop N Bolster N Branch YBray N Brooks YBuck N Burruss N Burton YByrd YCason Y Castleberry Y Chamberlin N Chambless N Chance Y Cheeks N Childers N Childs Clark.B N Clark,L N Colbert Y Coleman Y Collins N Colwell Y Connell N Couch NCox Y Crawford N Crosby N Culpepper N Cummings N Darden N Daugherty N Davis.B N Davis,J N Davis,L YDean YDent Y Dixon NDobbs N Dover Y Edwards N Elliott N Evans N Felton N Fortune Y Foster N Fuller.C Y Galer N Ginsberg Glover YGodbee Greer YHam N Hamilton N Manner N Harris N Harrison N Hasty N Hawkins NHays YHill Y Holmes N Hooks Y Home N Hutchinson N Irvin N Isakson N Jackson,J N Jackson.N N Jackson.W N Jessup N Johnson.G N Johnson.R Y Jones.B N Jones.H Y Karrh NKemp N Kilgore N Lambert N Lane,D N Lane.R N Lawson NLee YLogan NLong Lord NLowe Lucas N Mangum YMann N Marcus N Martin N Matthews Y McCollum Y McDonald N McKinney N Miles Y Milford Y Montgomery Y Moody N Moore Mostiler N Mullinax Y Nichotson NNix Y Oliver Y Padgett N Parham Y Patten Y Perry Peters Y Phillips.B N Phillips,L.L N Phillips.R.T Phillips,W.R N Pilewicz N Pinkston Rainey N Ralston N Ramsey Y Randall Y Reaves N Richardson N Robinson YRose Ross Y Rowland N Russell N Savage Y Scott,A Y Scott,D N Shepard N Sherrod Y Sizemore Smith.T Sroith.V YSmyre NSnow N Steinberg YSwann N Thomas N Thompson N Townsend Y Triplett YTuten N Twiggs Y Vandiford N Vaughn Y Veazey N Waddle N Walker N Wall Ware N Watson White N Widener N Williams,B-J Y Williams.H N Williams,R N Wilson NWood,J N Wood,J.T N Workman Speaker Murphy On the adoption of the amendment, the ayes were 56, nays 108. The amendment was lost. The following amendment was read: Representative Ham of the 80th moves to amend the substitute to SB 513 by adding between lines 3 and 4 on page 8, the following: "No signs will be removed under this Act without the written approval of the owner of the fee simple title to the real estate where said sign is located." On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Aaron N Adams.G N Adams.J N Adams.M N Aiken Y Anderson Argo Y Auten Y Balkcom N Bargeron N Baugh NBeal NBeck N Benefield YBenn N Birdsong Y Bishop N Bolster N Branch YBray N Brooks YBuck N Burruss N Burton YByrd YCason Y Castleberry Y Chamberlin N Chambless N Chance Y Cheeks N Childers N Childs Clark.B N Clark.L N Colbert N Coleman Y Collins N Colwell Y Connell N Couch NCox Y Crawford N Crosby N Culpepper N Cummings N Darden Daugherty N Davis.B N Davis.J N Davis.L N Dean Dent N Dixon N Dobbs N Dover Y Edwards N Elliott N Evans N Felton N Fortune Y Foster N Fuller.C Y Galer N Ginsberg Glover YGodbee Greer YHam N Hamilton N Hanner N Harris N Harrison N Hasty N Hawkins TUESDAY, MARCH 23, 1982 2807 N Hays Y Hill Y Holmes N Hooks NHorne NHutchinson N Irvin N Isakson N JacksonJ NJackson.N N Jackson,W N Jessup N Johnson.G NJohnson,R YJones,B NJones.H Y Karrh N Kemp N Kilgore N Lambert N Lane.D N Lane.R N Lawson N Lee Y Logan N Long Y Lord N Lowe Lucas N Mangum Y Mann N Marcus N Martin N Matthews Y McCollum Y McDonald N McKinney N Miles Y Milford Y Montgomery Y Moody N Moore Mostiler N Mullinai Y Nicholson N Nil Y Oliver Y Padgett N Parham Y Patten Y Perry Peters Y Phillips.B N Phillips.L.L N Phillips.R.T Phillips,W.R N Pilewicz N Pinkston Rainey N Ralston N Ramsey Y Randall Y Reaves N Richardson N Robinson Y Rose Ross Y Rowland N Russell N Savage Y Scott,A Y Scott,D N Shepard N Sherrod Y Sizemore Smith.T Smith,V Y Smyre N Snow N Steinberg Y Swann N Thomas N Thompson N Townsend Y Triplett Y Tuten N Twiggs Y Vandiford N Vaughn Y Veazey N Waddle N Walker N Wall Ware N Watson White N Widener N William8,B.J Y Williams,H N Williams.R N Wilson N WoodJ N Wood,J.T N Workman Speaker Murphy On the adoption of the amendment, the ayes were 52, nays 111. The amendment was lost. The following amendments were read and adopted: Representative Karrh of the 106th moves to amend the substitute to SB 513 by strik ing on line 15, page 4 and line 32, page 7, the word "or"; and adding on line 15, page 4 and on line 32, page 7, the word "and". Representative Karrh of the 106th moves to amend the substitute to SB 513 by strik ing on line 29, page 7, the words "trimming permits for"; and striking on line 30 the words "biys"s.ued to the"; and adding at the beginning of line 30 the words "owned or controlled Representative Karrh of the 106th moves to amend the substitute to SB 513 by strik ing on page 4, line 12, the words "sign-moving permits for"; and striking on page 4, line 13, the words "issued to"; and adding at the beginning of line 13 on page 4, the words "owned or controlled by". The following amendment was read: Representative Davis of the 99th moves to amend the substitute to SB 513 by adding a new Section E on page 9 to 32-6-75.3, the following: "The State of Georgia, its agents or employees shall not be liable directly or indirectly for damages caused by the issuance of trimming permits issued under this Act." On the adoption of the amendment, the ayes were 91, nays 39. The amendment was adopted. The substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: 2808 JOURNAL OF THE HOUSE, N Aaron N Adams.G Y Adams.J N Adams.M N Aiken Y Anderson Argo Y Auten N Balkcom Y Bargeron N Baugh NBeal YBeck N Benefield NBenn N Birdsong N Bishop N Bolster N Branch NBray N Brooks NBuck N Burruss N Burton YByrd NCason Y Castleberry Y Chamberlin N Chambless N Chance Y Cheeks Y Childers Y Childs Clark,B N Clark,L N Colbert Y Coleman Y Collins N Cohvell N Connell Y Couch NCoi Y Crawford N Crosby N Culpepper N Cummings N Darden N Daugherty Y Davis,B N Davis,J Y Davis.L Y Dean YDent Y Dixon NDobbs N Dover Y Edwards N Elliott N Evans N Felton Y Fortune Y Foster N Fuller.C N Galer Y Ginsberg Glover Y Godbee Greer YHam N Hamilton Y Manner N Harris N Harrison N Hasty N Hawkins NHays YHill N Holmes N Hooks Y Home N Hutchinson N Irvin N Isakson N Jackson,J N Jackson.N N Jackson.W Y Jessup N Johnson.G N Johnson.R Y Jones.B Y Jones.H Y Karrh NKemp N Kilgore N Lambert N Lane.D Y Lane.R N Lawson NLee N Logan NLong NLord NLowe N Lucas N Mangum YMann N Marcus Y Martin N Matthews Y McCoIlum N McDonald Y McKinney Y Miles N Milford Y Montgomery Y Moody N Moore Mostiler N Mullinax Y Nicholson NNix Y Oliver Y Padgett N Parham Y Patten Y Perry Peters Y Phillips.B N Phillips.L.L N Phillips.R.T N Phillips,W.R N Pilewicz Y Pinkston Rainey N Ralston N Ramsey N Randall N Reaves N Richardson N Robinson NRose Ross Y Rowland N Russell N Savage Y Scott,A Y Scott,D N Shepard N Sherrod N Sizemore Y Smith.T Smith.V N Smyre N Snow N Steinberg Y Swann N Thomas N Thompson N Townsend Y Triplett YTuten N Twiggs Y Vandiford N Vaughn Y Veazey Y Waddle Y Walker N Wall Y Ware N Watson White N Widener N Williams.B.J Y Williams.H N Williams.R N Wilson N Wood,J N Wood,J.T N Workman Speaker Murphy On the passage of the Bill, by substitute, as amended, the ayes were 61, nays 108. The Bill, by substitute, as amended, having failed to receive the requisite constitu tional majority, was lost. Representative Phillips of the 59th and Wall of the 61st stated that they inadvertently voted "nay" on the preceding roll call but intended to vote "aye" thereon. Representative Triplett of the 128th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to SB 513, by substitute, as amended. The Speaker announced the House in recess until 2:30 o'clock, this afternoon. TUESDAY, MARCH 23, 1982 2809 AFTERNOON SESSION The Speaker called the House to order. The following Resolution of the Senate was read and adopted: SR 377. By: Senator Turner of the 8th: A RESOLUTION commending the Georgia Christian School Basketball Team; and for other purposes. The following Resolutions of the House were read and adopted: HR 871. By: Representatives Hawkins of the 50th, Richardson of the 52nd, Vaughn of the 57th, Harris of the 8th and Connell of the 87th: A RESOLUTION recogniz ing the twenty-fifth anniversary of the Kiwanis Club of Druid Hills; and for other purposes. HR 872. By: Representatives Dent of the 85th, Cheeks of the 89th, Padgett of the 86th, Nicholson of the 88th, Swann of the 90th and Connell of the 87th: A RESOLU TION expressing regret at the passing of Mr. Booker T. Mears; and for other purposes. HR 873. By: Representative Dover of the llth: A RESOLUTION in memory of James R. McEntire; and for other purposes. HR 874. By: Representative Lambert of the 112th: A RESOLUTION commending and recognizing the Georgia Motor Club; and for other purposes. HR 875. By: Representative Lambert of the 112th: A RESOLUTION commending Miss Carroll Hart; and for other purposes. HR 876. By: Representatives Godbee of the 82nd and Lane of the 81st: A RESOLUTION commending Coach Erk Russell; and for other purposes. HR 877. By: Representative Benn of the 38th: A RESOLUTION commending Dr. James B. Ellison and designating him "Doctor of the Year" for 1982; and for other purposes. HR 878. By: Representatives Home of the 104th, Randall of the 101st and Birdsong of the 103rd: A RESOLUTION expressing sympathy at the passing of Roland H. Neel; and for other purposes. HR 879. By: Representative Isakson of the 20th: A RESOLUTION commending Major Rex M. Williams, U. S. Marine Corps Reserve; and for other purposes. HR 880. By: Representative Isakson of the 20th: A RESOLUTION commending Lieuten ant Colonel Charles L. Bacon, United States Marine Corps Reserve; and for other purposes. HR 881. By: Representatives Smith of the 152nd, Vandiford of the 53rd, Harris of the 8th, Burton of the 47th, Elliott of the 49th and Williams o the 48th: A RESO LUTION commending Dr. William W. Pennell; and for other purposes. 2810 JOURNAL OF THE HOUSE, HR 882. By: Representatives McCollum of the 134th, Chambless of the 131st and Hutchinson of the 133rd: A RESOLUTION commending WALB TV and Harris Blackwood; and for other purposes. HR 883. By: Representative Phillips of the 120th: A RESOLUTION commending the Treutlen High School Viking Band and its director Mr. Stuart Rogers Stanley; and for other purposes. HR 884. By: Representative Birdsong of the 103rd: A RESOLUTION commending the Twiggs Academy Lady Trojans basketball team; and for other purposes. HR 885. By: Representative Adams of the 79th: A RESOLUTION commending Mr. Carlton Colquitt; and for other purposes. HR 886. By: Representatives Adams of the 79th: A RESOLUTION commending Mr. Billy Hightower; and for other purposes. HR 887. By: Representative Adams of the 79th: A RESOLUTION commending Miss Cindy Albritton; and for other purposes. HR 888. By: Representatives Williams of the 6th, Connell of the 87th and Culpepper of the 98th: A RESOLUTION commemorating the seventy-fifth anniversary of the Episocal Diocese of Atlanta; and for other purposes. HR 889. By: Representative Williams of the 6th: A RESOLUTION expressing regrets at the passing of Dr. David M. Nowell; and for other purposes. HR 890. By: Representatives Williams and Foster of the 6th and Ramsey of the 3rd A RESOLUTION expressing regrets at the passing of Mr. Vernon King; and for other purposes. HR 891. By: Representatives Padgett of the 86th, Cheeks of the 89th, Nicholson of the 88th and Dent of the 85th: A RESOLUTION expressing regrets at the passing of Mr. James Matthew Ouzts; and for other purposes. HR 892. By: Representatives Hawkins of the 50th, Richardson of the 52nd, Vaughn of the 57th, Marcus of the 26th and Bolster of the 30th: A RESOLUTION com mending Mr. Joseph Jacobs; and for other purposes. HR 893. By: Representative Jones of the 126th: A RESOLUTION commending Mr. Jessie L. Holmes; and for other purposes. HR 894. By Representative Jones of the 126th: A RESOLUTION commending Miss Bernadine Lewis; and for other purposes. HR 895. By: Representative Jones of the 126th: A RESOLUTION commending Miss Yolanda Kay Mitchell; and for other purposes. HR 896. By: Representative Jones of the 126th: A RESOLUTION commending Miss Martha Brown; and for other purposes. HR 897. By: Representative Jones of the 126th: A RESOLUTION commending Miss Dale Patrice Mitchell; and for other purposes. TUESDAY, MARCH 23, 1982 2811 The following Resolution of the House was read and referred to the Committee on Rules: HR 898. By: Representatives Home of the 104th, Randall of the 101st and Birdsong of the 103rd: A RESOLUTION commending Arthur W. Segars and inviting him to appear before the House of Representatives; and for other purposes. The following Resolution of the House was read and adopted: HR 899. By: Representatives Harris of the 8th, Lucas of the 102nd, Walker of the 115th,Triplett of the 128th, Moore of the 152nd and others A RESOLUTION urging the Board of Medical Assistance to utilize available funds to relieve con straints placed on the Medicaid Dental Program; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 60. By: Senator Kidd of the 25th: A BILL to amend an Act providing for retirement benefits for the judges of the probate courts, so as to provide for calculation and payment of benefits to surviving spouses of judges and requirements, quali fications, and proceedings related thereto; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: N Aaron Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Argo Y Auten Balkcom Bargeron Y Baugh Beal YBeck Y Benefield YBenn Y Birdsong Bishop Bolster Branch YBray Y Brooks YBuck Y Burruss N Burton YByrd Y Cason Y Castleberry Chamberlin Chambless Y Chance Cheeks Y Childers Childs Clark.B Y Clark.L Colbert CoJeman Collins Y Colwell Y Connell Couch Cox Y Crawford Crosby Culpepper Y Cummings Y Darden Daugherty N Davis.B N Davis,J Davis,L YDean Dent Dixon Dobbs Y Dover Y Edwards Elliott Evans Felton Fortune Foster Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer YHam Hamilton Manner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Y Home Hutchinson Ylrvin Isakson Y Jackson,J Jackson,N Jackson.W Y Jessup Y Johnson.G Y Johnson,R Jones.B Jones.H Karrh YKemp Kilgore Y Lambert Lane.D Lane.R Lawson YLee Y Logan Long YLord YLowe Y Lucas Y Mangum YMann Marcus Martin Matthews McCollum McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Mos tiler Y Mullinax Y Nicholson YNix Y Oliver Padgett Y Parham Patten Perry Y Peters Y Phillips.B Phillips.L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Y Rainey N Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson YRose YRoss Rowland Y Russell On the passage of the Bill, the ayes were 91, nays 7. Savage Y Scott,A Scott.D Y Shepard Sherrod Sizemore Smith.T Smith.V Y Smyre Snow Y Steinberg Y Swann Thomas Y Thompson N Townsend Triplett Y Tuten Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker Y Wall Ware Y Watson White N Widener Williams.B.J Williams.H Williams.R Y Wilson Y Wood.J Y Wood,J.T Workman Speaker Murphy 2812 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. SB 590. By: Senators Cobb of the 28th, Walker of the 19th, English of the 21st and others: A BILL to amend Code Section 45-527, relating to alligator hides, skins, and products, so as to authorize the transportation, possession, and sale of alligator hides, skins, or products from alligators lawfully possessed, taken, or acquired and to require retention of documentation proving the place of origin of any such hides, skins, or meat; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Argo Y Auten Balkcom Bargeron Y Baugh Beat YBeck Y Benefield YBenn Birdsong Bishop Y Bolster Y Branch YBray Brooks Y Buck Y Burruss Y Burton YByrd Y Cason Y Castleberry Chain berlin Chambtess Y Chance Y Cheeks N Childers Y Childs Clark.B Y Clark.L Colbert Coleman Y Collins Y Colwell Y Connell Couch YCox Y Crawford Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis.B Y Davis.J Y Davis.L Dean Dent Dixon Y Dobbs Y Dover Y Edwards Elliott Evans Y Felton Fortune Foster Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Hanner Y Harris Harrison Y Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson,N Jackson.W Y Jessup Y Johnson.G Y Johnson,R Jones,B Y Jones.H Karrh YKemp Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan Long YLord Lowe Y Lucas Y Mangum Mann Y Marcus Martin Matthews McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Moore Mostiler Y Mullinax Nicholson YNix Y Oliver Padgett Y Parham Patten Y Perry Y Peters Phillips.B Y Phillips.L.L Phillips.R.T N Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Sizemore Y Smith.T Smith.V Y Smyre Snow Y Steinberg Y Swann Thomas Y Thompson Townsend Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.B J Williams.H Williams.R Y Wilson Y Wood.J Y Wood.J.T Workman Speaker Murphy On the passage of the Bill, the ayes were 110, nays 2. The Bill, having received the requisite constitutional majority, was passed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing Resolutions of the House: HR 700. By: Representatives Waddle of the 113th, Watson of the 114th and Walker of the 115th: A RESOLUTION proposing an amendment to the Constitution so TUESDAY, MARCH 23, 1982 2813 as to limit the power of Houston County and the Houston County School Dis trict to impose, levy, collect, and receive ad valorem taxes; and for other pur poses. HR 740. By: Representative Connell of the 87th: A RESOLUTION proposing an amend ment to the Constitution so as to exempt from City of Augusta ad valorem taxes certain capital improvements of commercial and business establishments; and for other purposes. The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House: HR 617. By: Representatives Aaron, Mangum and Workman of the 56th, Robinson of the 58th, Hawkins of the 50th and others: A RESOLUTION proposing an amend ment to the Constitution to authorize the General Assembly at any time to abolish by local law the offices of justice of the peace, the offices of constable, and justice courts within DeKalb County and to authorize the General Assem bly by local law to provide that other courts within DeKalb County shall exer cise and be vested with the jurisdiction of justice courts in such manner as the General Assembly shall determine; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 589. By: Representatives Snow and Hays of the 1st, Peters of the 2nd, Foster and Williams of the 6th and others: A BILL to amend Code Chapter 32-37, relat ing to the Georgia Student Finance Authority, so as to establish a program of tuition equalization grants to certain citizens of this state attending certain outof-state institutions of higher learning; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate: SR 330. By: Senator Tysinger of the 41st: A RESOLUTION proposing an amendment to the Constitution so as to increase the amount of the homestead exemption from city ad valorem taxes for certain residents of the City of Chamblee; and for other purposes. Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1380 Do Pass, as Amended HR 165 Do Pass Respectfully submitted, Adams of the 36th Chairman By unanimous consent, the following Bill and Resolution of the House were taken up for consideration and read the third time: 2814 JOURNAL OF THE HOUSE, HB 1380. By: Representatives Adams of the 36th, Hamilton of the 31st, Greer of the 43rd and Townsend of the 24th: A BILL to amend an Act creating the Board of Commissioners of Fulton County, so as to revise commissioner districts for the election of certain members of the board of commissioners; and for other pur poses. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 1380 by striking the descriptions of Commissioner Districts 4, 5, 6, and 7 where the same appear in lines 10 through 51 on page 2 and in lines 1, 2, and 3 on page 3 and inserting in lieu thereof the following: "District 4 Fulton Tract 1 Block Groups 1 and 2 Blocks 301 through 305 Tract 2 Block Group 1 Blocks 202 through 205 Tract 4 Blocks 102 through 106 Block Groups 2 and 3 Tracts 5, 90 through 100, 101.01, 101.03, 101.04, 102.01, 102.02, 114.01, 114.02, 115, and 116 District 5 Fulton Tracts 6 through 8, 10.95, 40, 60, 61, 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, and 89 Tract 103 Block Groups 1 through 4 Blocks 501 through 503, 507 through 514, 601 through 606, 701, 710 through 719, and 722 through 729 Block Group 8 District 6 Fulton Tract 1 Blocks 306 through 312 Block Groups 4 and 5 Tract 2 Blocks 201 and 206 through 209 Block Groups 3 through 5 Tract 4 Block 101 Tracts 11 through 33, 35 through 39, 41, 42.95, 43, 44, 46.95, 48, 49.95 50, 52, 53, 55.01, 55.02, 56 through 58, 62 through 65, 66.01, 66.02, 67, TUESDAY, MARCH 23, 1982 2815 68.01, 68.02, and 69 through 71 District 7 Fulton Tracts 72 through 75, 76.01, 76.02, 77.01, and 77.02 Tract 103 Blocks 504 through 506, 515 through 518, 614 through 617, 619, 620, 630, 720, and 721 Tracts 104, 105.03 through 105.06, 106.01, 106.02, 107 through 111, 112.01, 112.02, 113.01, and 113.02" And by amending HB 1380 as follows: On page 4, line 14, delete the words "representing Commissioner District 1, 2 or 3" On page 4, lines 17 and 18, delete the words "representing Commissioner District 1, 2 or 3" On page 4, line 25, delete the words "representing Commissioner District 1, 2 or 3". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HR 165. By: Representatives Felton of the 22nd and Colbert of the 23rd: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of neighborhood subunits of government within the unincorporated areas of Fulton County and for any matters reasonably necessary for the creation and operation of any such subunit of government; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section I, Paragraph VII of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows: "The General Assembly is hereby authorized to provide by law for the creation of one or more neighborhood subunits of government within the unincorporated areas of Fulton County. Any such law may include any provisions reasonably necessary for the creation and operation of any such subunit of government. To that end, and without limiting the generality of the foregoing, any such law may provide for any one or more of the follow ing: (a) For the territorial boundaries of any such subunit of government. (b) For the governing authority or body of any such subunit of government and for its official name or designation. (c) For the relationship between the governing authority of Fulton County and the governing authority of such subunit of government. (d) For taxation by the governing authority of Fulton County within the territorial boundaries of such subunit of government only for general county purposes and for additional taxation within such boundaries by the governing authority of Fulton County 2816 JOURNAL OF THE HOUSE, or by the governing authority of such subunit of government or by a combination thereof for the provision of governmental services within such boundaries, and such law may provide for the rate and manner of such taxation and for any procedures, require ments and limitations that may be reasonably necessary in connection therewith. (e) For the powers and duties of any such subunit of government which may include any combination of powers and duties exercised by counties or municipalities of this State. (f) For limitations on the powers and duties of the governing authority of Fulton County in conformity with the powers and duties which may be exercised by the govern ing authority of any such subunit of government." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize the General Assem bly to provide by law for the creation of neighborhood subunits of government within the unincorporated areas of Fulton County and for any matters reasonably necessary for the creation and operation of any such subunit of government?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Branch Bray Brooks Buck Y Burruss Y Burton Byrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark.L Y Colbert Coleman Y Collins Y Colwell Y Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Darden Y Daugherty Davis.B Y Davis.J Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Fortune Y Foster Y Fuller.C Y Galer Ginsberg Y Glover Y Godbee Greer YHam Hamilton Y Manner Harris Harrison Y Hasty Y Hawkins YHays Hill Y 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 Karrh Kemp Kilgore Lambert Y Lane.D Lane,R Y Lawson YLee Y Logan YLong YLord Y Lowe Y Lucas Y Mangum Y Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips,L.L Y Phillips.R.T Phillips, W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Russell Savage Y Scott,A Scott,D Y Shepard Y Sherrod Sizemore Smith.T Smith.V YSmyre Y Snow Y Steinberg Y Swann Thomas Thompson Y Townsend Y Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey TUESDAY, MARCH 23, 1982 2817 Y Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y Williams.BJ Williams.H Y Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 134, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its amendment to the House substitute and has appointed a Committee of Conference on the following Bill of the Senate: SB 653. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to amend an Act placing the clerk of superior court and probate judge of Glynn County on an annual salary, so as to change the provisions relating to the compensation of the clerk and the clerk's personnel; and for other purposes. The President has appointed on the part of the Senate the following: Senators Littlefield of the 6th, Bryant of the 3rd, and Kennedy of the 4th. The Senate adheres to its amendment to the House substitute and has appointed a Committee of Conference on the following Bill of the Senate: SB 692. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to amend an Act placing the Sheriff of Glynn County on an annual salary, so as to change the provisions relating to the compensation of the sheriff and deputies and other personnel of the sheriff; to change the provisions relating to automobiles and other expenses for the sheriffs office; and for other purposes. The President has appointed on the part of the Senate the following: Senators Littlefield of the 6th, Bryant of the 3rd, and Kennedy of the 4th. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1436. By: Representatives Jones of the 78th, Mostiler of the 71st, Dover of the llth, and Wood and Benefield of the 72nd: A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to require certain procedures be followed by any local school superintendent or local board of education; and for other purposes. The Senate insists on its amendment to the following Bill of the House: HB 1373. By. Representatives Reaves of the 147th, Veazey of the 146th, Balkcom of the 140th, Long of the 142nd, and Cheeks of the 89th: A BILL to amend Code Chapter 84-40, relating to the Georgia State Board of Landscape Architects, so as to continue the board and the laws relating to the board until a certain date; to clarify the exemption for landscape contractors; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. 2818 JOURNAL OF THE HOUSE, The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 1546. By: Representatives Triplett of the 128th and McDonald of the 12th: A BILL to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center, so as to pro vide for the re-creation, powers, and duties of the Geo. L. Smith II Georgia World Congress Center Authority; to provide for the management of the Geo. L. Smith II Georgia World Congress Center Authority by a board of governors; and for other purposes. The following Resolution of the House was read and referred to the Committee on Rules: HR 900. By: Representatives Moore of the 152nd, Harris of the 8th and Collins of the 144th: A RESOLUTION creating the Public School Employees Health Insur ance Study Committee; and for other purposes. 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 1433. By: Representatives Thomas and Johnson of the 66th, and Shepard of the 67th: A BILL to amend the "Adequate Program for Education in Georgia Act," so as to change the conditions under which teachers and other professional person nel shall be entitled to lifetime certification; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House: HB 1900. By: Representative Williams of the 6th: A BILL to amend Title 21 of the Offi cial Code of Georgia Annotated, relating to elections, so as to substitute the terms "precinct" and "voting precinct" for the term "election district"; to require county and municipal precinct boundaries to meet certain standards; and for other purposes. HB 1102. By: Representatives Culpepper of the 98th, Davis of the 45th, Bray of the 70th, Chambless of the 131st, Snow of the 1st and Darden of the 19th: A BILL to regulate the sale and offer to sell of certain subdivided land and practices per taining thereto; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 478. By: Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A BILL to amend Code Section 42-2-9 of the Official Code of Georgia Annotated, relating to the selection of employees of the Department of Offender Rehabili tation, so as to provide that the commissioner shall have the authority to direct that certain personnel of the department submit to polygraph examinations in TUESDAY, MARCH 23, 1982 2819 connection with internal investigations being conducted by the department; and for other purposes. The following amendment was read: Representatives Baugh of the 108th, Parham of the 109th, and Kemp of the 139th move to amend SB 478 by striking after the word "affairs" on line 15, page 3, the remain der of line 15 and continuing through line 21 in its entirety. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Aaron N Adams.G Y Adams,J N Adama.M Y Aiken N Anderson Argo N Auten Y Balkcom Y Bargeron Y Baugh Beal NBeck N Benefield N Benn Y Birdsong N Bishop N Bolster Y Branch NBray N Brooks NBuck Burruss Y Burton YByrd N Cason N Castleberry Y Chamberlin N Chambless Chance Y Cheeks Y Childers Y Childs Clark,B N Clark,L Y Colbert Y Coleman Y Collins Colwell Y Connell Couch NCox Y Crawford N Crosby N Culpepper Y Cummings N Darden N Daugherty N Davis,B Y Davis,J N Davis,L NDean Dent N Dixon Y Dobbs Y Dover Y Edwards Elliott N Evans N Felton N Fortune N Foster N Fuller.C NGaler N Ginsberg N Glover N Godbee Greer NHam N Hamilton N Manner N Harris Y Harrison N Hasty N Hawkins NHays Hill N Holmes Y Hooks Home N Hutchinson Irvin Y Isakson Y Jackson,J N Jackson.N Y Jackson.W N Jessup Y Johnson.G N Johnson.R Y Jones.B Y Jones.H Y Karrh YKemp Kilgore N Lambert N Lane,D Lane,R Y Lawson NLee N Logan N Long YLord NLowe Lucas N Mangum N Mann Y Marcus Y Martin Y Matthews Y McCollum N McDonald Y McKinney Y Miles N Milford Y Montgomery Y Moody Y Moore Mostiler N Mullinax Nicholson YNix Y Oliver Padgett Y Parham N Patten N Perry N Peters N Phillips.B N Phillips,L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Y Pinkston N Rainey N Ralston N Ramsey N Randall N Reaves N Richardson Robinson NRose NRoss Y Rowland N Russell On the adoption of the amendment, the ayes were 62, nays 93. The amendment was lost. Savage N Scott,A N Scott,D N Shepard Y Sherrod N Sizemore Y Smith.T Smith.V N Smyre NSnow Y Steinberg N Swann Y Thomas N Thompson N Townsend N Triplet! NTuten Twiggs N Vandiford N Vaughn N Veazey Y Waddle N Walker Y Wall N Ware Y Watson White N Widener N Williams.B.J N Williams.H N Williams,R N Wilson N Wood.J Y Wood,J.T Y Workman Speaker Murphy The following amendment was read and adopted: Representatives Walker of the 115th and Karrh of the 106th move to amend SB 478 by adding a new Section 3 to read as follows: "Nothing herein shall be construed to allow the results of a polygraph examination to be used in any criminal proceedings without the consent of the affected party." And by renumbering Sections 3 and 4 accordingly. The following amendment was read: 2820 JOURNAL OF THE HOUSE, Representative Oliver of the 121st moves to amend SB 478 by deleting the words "or judicial" on line 20, page 3. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J N Adams.M Y Aiken N Anderson Argo N Auten Y Balkcom N Bargeron Y Baugh Beat NBeck N Benefield NBenn N Birdsong N Bishop N Bolster Y Branch NBray N Brooks NBuck Burruss Y Burton YByrd N Cason N Castleberry Chamberlin N Chambless N Chance Y Cheeks N Childers Y Childs Clark.B N Clark.L Y Colbert N Coleman Y Collins N Colwell Y Connell Couch NCox Y Crawford N Crosby N Culpepper Y Cummings Y Darden N Daugherty N Davis,B Y Davis,J N Davis.L N Dean Dent N Dixon N Dobbs Y Dover Y Edwards Elliott N Evans N Felton Y Fortune N Foster N Fuller.C N Galer N Ginsberg Glover Godbee Greer NHam N Hamilton N Manner N Harris Y Harrison N Hasty N Hawkins NHays YHill N Holmes Y Hooks Home N Hutchinson Irvin Y Isakson N Jackson,J N Jackson.N Y Jackson.W N Jessup Johnson,G N Johnson,R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore N Lambert Y Lane.D Y Lane,R N Lawson NLee Y Logan N Long YLord N Lowe Lucas N Mangum NMann N Marcus Y Martin Y Matthews N McColIum N McDonald McKinney Y Miles N Milford Y Montgomery Y Moody Y Moore Mostiler N Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham N Patten N Perry N Peters N Phillips.B Y Phillips.L.L N Phillips.R.T Y Phillips.W.R Y Pilewicz Y Pinkston N Rainey N Ralston N Ramsey N Randall N Reaves N Richardson Robinson NRose N Ross Y Rowland N Russell On the adoption of the amendment, the ayes were 58, nays 98. The amendment was lost. Savage N Scott.A N Scott.D N Shepard Y Sherrod N Sizemore Y Smith.T Smith.V N Smyre N Snow N Steinberg N Swann Thomas Y Thompson N Townsend N Triplett Y Tuten Twiggs N Vandiford N Vaughn N Veazey N Waddle N Walker N Wall N Ware N Watson White Y Widener N Williams.B.J N Williams.H N Williams.R Y Wilson N Wood,J N Wood.J.T Y Workman Speaker Murphy The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron N Adams.G N Adams,J Y Adams.M N Aiken Y Anderson Argo Y Auten N Balkcom N Bargeron N Baugh YBeal YBeck Y Benefield YBenn N Birdsong Y Bishop Y Bolster Y Branch N Bray Y Brooks YBuck Burruss N Burton NByrd Y Cason N Castleberry N Chamberlin Y Chambless N Chance N Cheeks N Childers N Childs Clark.B N Clark.L N Colbert Y Coleman N Collins Y Colwell Connell N Couch YCox N Crawford Y Crosby Y Culpepper N Cummings Y Darden Y Daugherty Y Davis.B N Davis,J Y Davis.L YDean YDent Y Dixon Y Dobbs N Dover N Edwards Elliott Y Evans Y Felton N Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Y Glover Godbee Greer NHam Y Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins Y Hays N Hill Y Holmes N Hooks Home N Hutchinson Irvin Y Isakson N Jackson,J Y Jackson.N N Jackson.W Y Jessup Y Johnson,G Y Johnson,R N Jones.B TUESDAY, MARCH 23, 1982 2821 N Jones,H NKarrh N Kemp N Kilgore Y Lambert N Lane.D N Lane.R N Lawson Y Lee Y Logan Y Long N Lord N Lowe Lucas Y Mangum N Mann N Marcus N Martin N Matthews Y McCollum Y McDonald N McKinney N Miles Y Milford N Montgomery N Moody N Moore Mostiler Y Mullinax N Nicholson Y Nix N Oliver N Padgett N Parham Y Patten N Perry Y Peters Y Phillips,B N Phillips.L.L N Phillips,R.T N Phillips,W.R N Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Y Randall N Reaves Y Richardson Robinson N Rose N Ross N Rowland Y Russell Savage Y Scott,A Y Scott,D N Shepard N Sherrod N Sizemore Y Smith.T Smith.V Y Smyre Y Snow N Steinberg Y Swann N Thomas N Thompson Y Townsend N Triplett N Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker N Wall Y Ware N Watson White Y Widener Y Williams.B.J Y Williams.H Y Williams.R Y Wilson Y Wood.J N Wood,J.T N Workman Speaker Murphy On the passage of the Bill, as amended, the ayes were 88, nays 76. The Bill, as amended, having failed to receive the requisite constitutional majority, was lost. Representative Lambert of the 112th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to SB 478, as amended. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 1337. By: Representatives Lambert of the 112th and Argo of the 63rd: A BILL to amend Chapter 42-5 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to provide that persons convicted of crimes whose confinement shall be served in institutions under the control of the Department of Offender Rehabilitation shall not remain in confinement in local prison facilities while their conviction is on appeal; to change the provi sions relative to the delivery of custody of inmates to the Department of Offender Rehabilitation; and for other purposes. The President has appointed on the part of the Senate the following: Senators Starr of the 44th, Kennedy of the 4th, and Gillis of the 20th. The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing Resolution of the House: HR 658. By: Representatives Jones of the 78th and Ham of the 80th: A RESOLUTION authorizing and empowering the State Properties Commission, for and on behalf of and in the name of the State of Georgia, to convey certain stateowned real property located in Butts County, Georgia, to the board of commis sioners of Butts County; and for other purposes. The following Bills of the Senate were taken up for the purpose of considering the Senate's appointment of Committees of Conference thereon: 2822 JOURNAL OF THE HOUSE, SB 653. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to amend an Act placing the clerk of superior court and probate judge of Glynn County on an annual salary, so as to change the provisions relating to the compensation of the clerk and the clerk's personnel; and for other purposes. Representative Auten of the 154th moved that the House insist on its position in dis agreeing to the Senate amendment to the House substitute to SB 653 and that a Commit tee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Auten of the 154th, Tuten of the 153rd, and Lord of the 105th. SB 692. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to amend an Act placing the Sheriff of Glynn County on an annual salary, so as to change the provisions relating to the compensation of the sheriff and deputies and other personnel of the sheriff; to change the provisions relating to automobiles and other expenses for the sheriffs office; and for other purposes. Representative Auten of the 154th moved that the House insist on its position in dis agreeing to the Senate amendment to the House substitute to SB 692 and that a Commit tee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Auten of the 154th, Tuten of the 153rd, and Lord of the 105th. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 579. By: Senator Deal of the 49th: A BILL to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offenders, so as to authorize the judge to place a defendant in confinement as a condition to being afforded first offender benefits; to provide for pardons, paroles, and earned-time allowances for those so confined; to provide for discharge and exon eration; and for other purposes. The following Committee substitute was read: A BILL To amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to first offenders, so as to authorize the judge to place a defendant in con finement as a condition to being afforded first offender benefits; to provide for discharge and exoneration to those so confined; to provide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 23, 1982 2823 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to first offenders, is amended by striking Code Section 42-8-60 in its entirety and inserting in lieu thereof a new Code Section 42-8-60 to read as follows: "42-8-60. (a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt, in the case of a defendant who has not been previously convicted of a felony, the court may, without entering a judgment of guilt and with the consent of the defendant;; (1) defer Defer further proceeding and place the defendant on probation as pro vided by Article 2 of this chapter law; or (2) Sentence the defendant to a term of confinement as provided by law, (b) Upon violation by the defendant of the terms of probation or upon a conviction for another crime, the court may enter an adjudication of guilt and proceed as otherwise provided by law. No person may avail himself of this article on more than one occasion." Section 2. Said article is further amended by striking Code Section 42-8-61 in its entirety and substituting in lieu thereof a new Code Section 42-8-61 to read as follows: "42-8-61. The probationer defendant shall be informed of the terms of this article at the time of imposition of sentence." Section 3. Said article is further amended by striking Code Section 42-8-62 in its entirety and substituting in lieu thereof a new Code Section 42-8-62 to read as follows: "42-8-62. Upon fulfillment of the terms of probation er upon release by the court prior to the termination of the period thereof^ or upon release from confinement, the defendant shall be discharged without court adjudication of guilt. The discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his civil rights or liberties; and the defendant shall not be considered to have a criminal conviction. Should a person be placed under probation or in confinement under this article, a record of the same shall be forwarded to the Georgia Crime Information Cen ter. Without request of the defendant a record of discharge and exoneration, as provided in this Code section, shall in every case be forwarded to the Georgia Crime Information Center. In every case in which the record of probation or confinement shall have been previously forwarded to the Department of Offender Rehabilitation, to the Georgia Crime Information Center, and to the Identification Division of the Federal Bureau of Investigation and a record of a subsequent discharge and exoneration of the defendant has not been forwarded as provided in this Code section, upon request of the defendant or his attorney or representative the record of the same shall be forwarded by the clerk of court so as to reflect the discharge and exoneration." Section 4. This Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Ramsey of the 3rd moves to amend the House Committee on Judiciary substitute to SB 579 by adding in the title on line 6 of page 1, immediately preceding the words "to provide", the following: "to change the provisions relating to release of records of discharge; to provide for the release of records of discharge to law enforcement agencies for investigative purposes;". By renumbering Sections 4 and 5 on page 3 as Sections 5 and 6, respectively, and add ing a new Section 4 to read as follows: "Section 4. Said article is further amended by striking Code Section 42-8-65 in its entirety and inserting in lieu thereof a new Code Section 42-8-65 to read as follows: 2824 JOURNAL OF THE HOUSE, '42-8-65. (a) If otherwise allowable by law in any subsequent prosecution of the defendant for any other offense, a prior finding of guilt may be pleaded and proven as if an adjudication of guilt had been entered and relief had not been granted pursu ant to this article. The Except as provided in subsection (b), the record of discharge shall be released solely to the Attorney General, a district attorney, a solicitor of a state court, the Department of Offender Rehabilitation, the office of a county proba tion system or of a state or county probation system of another state or of the United States, an office of the State Board of Pardons and Paroles, an office of the pardons and paroles division of another state or of the United States, or a prosecuting attorney of another state or of the United States, upon certification by such probation system or prosecuting attorney that there are pending in a court of competent jurisdiction criminal charges against any person discharged under this article. (b) Upon certification by the chief executive officer of any law enforcement agency of a pending criminal investigation and the need for the record of discharge of a named person to be released, the record of discharge of such person may be released to such law enforcement agency. For the purposes of this subsection, the term 'law enforcement agency' means a governmental unit of one or more persons employed full time or part time by the state, a state agency or department, or a political subdivision of the state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.'" The Committee substitute, as amended, was adopted: The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Aaron Adams.G Y Adams,J Y Adams.M Aiken Y Anderson Argo Y Auten Y Balkcom Y Bargeron Y Baugh YBwl Beck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd Cason N Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark.L Y Colbert Y Coleman Collins Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Y Davis.B Davis,J Y Davis,L Dean Dent Y Dixon Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster N Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer Y Ham Y Hamilton Y Banner Y Harris Y Harrison Hasty Y Hawkins YHays NHill Y Holmes Y Hooks Home Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson,N Y Jackson, W Y Jessup Y Johnson.G Y Johnson.R Y Jones.B Y Jones.H N Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee N Logan YLong YLord YLowe Lucas Y Mangum YMann Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T N Phillips,W.R Y Pilewicz Pinkston Rainey Y Ralston Y Ramsey Y Randall Y Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell Savage Scott,A Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Steinberg Y Swann N Thomas Y Thompson Y Townsend Y Triplett Y Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker Y Wall Ware Y Watson White Widener Y Williams.B.J Williams.H Y Williams.R Y Wilson Y Wood.J Y Wood,J.T Y Workman Speaker Murphy TUESDAY, MARCH 23, 1982 2825 On the passage of the Bill, by substitute, as amended, the ayes were 129, nays 7. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendment to the House substitute thereto: SB 528. By: Senator Kidd of the 25th: A BILL to amend an Act providing minimum sala ries for sheriffs to be paid from county funds, so as to provide adequate com pensation for the sheriffs of the state; to change the minimum salaries provided by this Act; and for other purposes. The Committee substitute was again read: The following Senate amendment was read: Amend the House substitute to SB 528 by striking from Part 1, beginning on line 25 of page 3, the following: "(c) This Act shall not apply to any county that has a uniform salary schedule for elected county officials that is based on a percentage of the salary of the Senior Judge of the Superior Court serving said county." By striking from Part 2, beginning on line 19 of page 6, the following: "(e) This Code section shall not apply to any county that has a uniform salary schedule for elected county officials that is based on a percentage of the salary of the Senior Judge of the Superior Court serving said county." Representative Burruss of the 21st moved that the House agree to the Senate amend ment to the House substitute to SB 528. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Adams,G Y Adams,J Y Adams.M Y Aiken Anderson Argo Auten Y Balkcom Bargeron Y Baugh Beal YBeck Y Benefield YBenn Y Birdsong Y Bishop Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks N Childers Childs Clark,B Y Clark.L Y Colbert Coleman Collins Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Cummings Y Darden Y Daugherty Y Davis.B Y Davis.J Y Davis.L Dean Dent Y Dixon Dobbs Dover Y Edwards Elliott Evans Y Felton Y Fortune Y Foster N Fuller.C N Galer Y Ginsberg Glover Y Godbee Greer YHam Y Hamilton Y Hanner Y Harris Y Harrison Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson.N Jackson.W Y Jessup Y Johnson.G Y Johnson.R Jones.B Y Jones.H Y Karrh YKemp Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Lucas Y Mangum YMann Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford N Montgomery Y Moody Y Moore Mostiler Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T Y Phillips,W.R Y Pilewicz Pinkston Rainey N Ralston Ramsey Randall Y Reaves Y Richardson Robinson NRose NRoss Y Rowland Y Russell Scott.A Scott.D Y Shepard Y Sherrod N Sizemore 2826 JOURNAL OF THE HOUSE, YSmith.T Smith,V Y Smyre YSnow Steinberg Y Swann Y Thomas Y Thompson Townsend YTriplett Y Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker Wall Ware Y Watson White Widener Y Williams,B.J Williams.H Williams,R Y Wilson Y Wood,J Y Wood,J.T N Workman Speaker Murphy On the motion, the ayes were 115, nays 9. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 291. By: Representatives Harrison and Isakson of the 20th, Darden of the 19th, and Nix of the 20th: A BILL to amend an Act establishing the Teachers' Retire ment System of Georgia, so as to change a provision relative to a definition; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House and Senate were taken up for consideration and read the third time: HR 733. By: Representative Elliott of the 49th: A RESOLUTION compensating Mr. Jon Bales; and for other purposes. The following amendment was read and adopted: The House Appropriations Committee moves to amend HR 733 on page 1, line 15: By removing the amount of $1,797.97 and inserting in lieu thereof the amount of $517.55. The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows: Aaron Adams.G Y Adams,J Y Adams.M Aiken Y Andereon Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal Y Beck YBenefield Y Benn Y Birdsong Y Bishop Bolster Y Branch Bray Y Brooks Y Buck Y Burruss Y Burton Byrd Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Y Clark,L Y Colbert Coleman Y Collins Y Colwell Y Connell Couch Y Cox Crawford Y Crosby Y Culpepper Cummings Y Darden Y Daugherty Y Davis,B Davis,J Y Davis.L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer Y Ham Y Hamilton Y Hanner Y Harris Y Harrison Hasty Y Hawkins Y Hays Y Hill Y Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N Jackson, W Y Jessup Johnson.G Y Johnson.R Jones,B TUESDAY, MARCH 23, 1982 2827 Y Jones.H Y Karrh YKemp Kilgore Lambert Y Lane.D Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Lucas Y Mangum YMann Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Peters Y Phillips.B Y Phillips.L.L Phillips.R.T Y Phillips,W.R Y Pilewicz Pinkston Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell Savage Scott,A Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Steinberg Y Swann Thomas Thompson Y Townsend Triplet! Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker Wall Ware Y Watson White Y Widener Y Williams.B.J Williams.H Williams.R Y Wilson Y Wood,J Y WoodJ.T Y Workman Speaker Murphy On the adoption of the Resolution, as amended, the ayes were 124, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. SB 522. By: Senator Barnes of the 33rd: A BILL to amend Code Section 81-1413, relating to continuances because of absence or illness of counsel, so as to provide that a postponement shall be given as a matter of right if counsel is in another court; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following amendment was read: Representatives Evans of the 84th, Walker of the 115th, Lee of the 72nd, and Murphy of the 18th move to amend SB 522 by striking the words "attendance in any other court" on lines 19 and 20, page 1, lines 13 and 14, page 2, and line 32 page 2 and line 1, page 3 and substituting in lieu thereof in all 3 places the following words: "the actual trial of a case in any other court of record including state or federal courts." On the adoption of the amendment, the roll call was ordered and the vote was as follows: Aaron Adams.G Y Adams,J Y Adams.M Aiken Y Anderson Argo Y Auten Balkcom Y Bargeron N Baugh Seal YBeck Y Benefield Benn Birdsong Bishop Bolster Y Branch Bray Y Brooks YBuck Y Burruss Y Burton YByrd Cason N Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Coleman Y Collins Y Colwell Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty N Davis.B Davis,J N Davis.L Dean Dent Y Dixon Y Dobbs Dover Y Edwards Elliott Y Evans Felton Fortune Y Foster N Fuller.C Y Galer N Ginsberg Glover God bee Greer YHam Y Hamilton Manner Y Harris Harrison Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Irvin Y Isakson Y Jackson,J Y Jackson,N Jackson.W Y Jessup Johnson.G Y Johnson.R Jones,B Jones.H Y Karrh Y Kemp Kilgore Lambert Y Lane.D Y Lane,R Y Lawson YLee Logan YLong YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Matthews McCollum McDonald McKinney N Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson Y Nix Y Oliver Y Padgett N Parham Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Phillips.R.T Y Phillips,W.R Y Pilewicz N Pinkston Y Rainey Y Ralston 2828 JOURNAL OF THE HOUSE, Ramsey Y Randall Y Reaves Y Richardson Robinson NRose YRoss Y Rowland Russell Savage N Scott,A Scott,D N Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Steinberg Y Swann Thomas Y Thompson Townsend Triplet! Y Tuten Twiggs Y Vandiford Vaughn Y Veazey Waddle Y Walker Y Wall Y Ware Y Watson White Widener Y Williams.BJ Williams.H Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the amendment, the ayes were 101, nays 12. The amendment was adopted. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Aaron Adams,G Y Adams,J Y Adams.M Aiken Y Andereon Argo Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Birdsong Bishop Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd Cason Y Castleberry Y Chamberlin Y Chambless Y Chance N Cheeks Y Childers Y Childs Clark.B Y Clark,L Y Colbert Y Coleman Y Collins Y Colwell Connell Couch YCox Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Y Davis,B Davis,J Y Davis,L Dean NDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Felton Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Godbee Greer YHam Hamilton Y Manner Y Harris Y Harrison Hasty Y Hawkins Hays Hill Y Holmes Y Hooks Home Y Hutchinson Irvin Y Isakson Y Jackson,J Y Jackson.N Y Jackson, W Y Jessup Johnson,G Y Johnson,R Jones.B Y Jones,H Y Karrh YKemp Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan YLong Lord YLowe Lucas Y Mangum YMann Marcus Y Martin Matthews McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver N Padgett Y Parham Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T Y Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey Y Randall Y Reaves Y Richardson Robinson N Rose YRoss Y Rowland Russell Savage Y Scott,A Scott.D Y Shepard N Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Steinberg Y Swann Thomas Y Thompson Townsend Triplett Y Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Walker Y Wall Y Ware Y Watson White Widener Y Williams,B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood.J.T Y Workman Speaker Murphy On the passage of the Bill, as amended, the ayes were 120, nays 5. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 622. By: Senator Barker of the 18th: A BILL to amend an Act entitled "The Economic Rehabilitation Act of 1975," so as to clarify the purpose of said Act; to change the definition of certain terms; to change the provisions relative to community service programs; to clarify certain provisions relative to available funds and the allocation of such funds; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. TUESDAY, MARCH 23, 1982 2829 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Aaron AdamsX'. Y Adams,J Y Adams.M Y Aiken Y Anderson Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Connell Y Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis.B Y Davis.J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Felton Fortune Foster Y Fuller.C Y Galer Ginsberg Glover Y Godbee Greer YHam Hamilton Y Manner Y Harris Y Harrison Hasty Y Hawkins Y Hays Hill Y Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N Y Jackson, W Y Jessup Johnson.G Y Johnson.R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan Long Y Lord YLowe Lucas Y Mangum Y Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson Y Nix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Phillips.B Y Phillips.L.L Y Phillips.R.T Y Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson YRose Y Ross Y Rowland Y Russell Savage Y Scott.A Scott.D N Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Thomas Y Thompson Y Townsend Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker Y Wall Y Ware Y Watson White N Widener Y Williams.B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 134, nays 2. The Bill, having received the requisite constitutional majority, was passed. Representative Phillips of the 125th stated that he had been called from the floor of the House during the preceding vote. He wished to be recorded as voting "aye" thereon. SB 601. By: Senators Dean of the 31st, McKenzie of the 14th and Bell of the 5th: A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a Georgia Commission on State Growth Policy; and for other purposes. The following amendments were read and adopted: The Committee on State Planning & Community Affairs moves to amend SB 601 by striking from the title on line 8 of page 1 the following: "to provide for funds;". By striking the last sentence of subsection (a) of Code Section 50-21-3, beginning on line 29 of page 2, which reads as follows: "The commission shall be composed of 15 members as follows: two members of the Senate appointed by the President of the Senate; two members of the House of Repre sentatives appointed by the Speaker of the House of Representatives; and eleven mem bers appointed by the Governor, three of whom shall be elected city officials and three of whom shall be elected county officials.", 2830 JOURNAL OF THE HOUSE, and inserting in lieu thereof a new sentence to read as follows: "The commission shall be composed of 15 members as follows: three members of the Senate appointed by the President of the Senate; three members of the House of Repre sentatives appointed by the Speaker of the House of Representatives; and nine members appointed by the Governor, two of whom shall be elected city officials and two of whom shall be elected county officials." By striking in its entirety subsection (b) of Code Section 50-21-4, beginning on line 1 of page 5, which reads as follows: "(b) The commission is authorized to apply for, contract for, receive, and expend for its purposes any appropriations or grants from the state or its political subdivisions, the federal government, or any other source, public or private.", and inserting in lieu thereof a new subsection (b) to read as follows: "(b) The commission is authorized to contract with the state or its political subdivi sions, the federal government, or any other entity, public or private, for its stated pur pose." By striking in its entirety Code Section 50-21-8, beginning on line 4 of page 6, which reads as follows: "50-21-8. In addition to state and federal funds appropriated to the commission, political subdivisions of the state are authorized to appropriate funds to the commission to share in the cost of operations." Representatives Darden of the 19th, Adams of the 36th, and Isakson of the 20th move to amend SB 601 as follows: On page 3, line 6, change "four years" to "two years"; strike "provided, however .... four-year term" from lines 6-10. Representatives Darden of the 19th, Adams of the 36th, and Isakson of the 20th move to amend SB 601 by adding in the title on line 8 of page 1, immediately preceding the words "to provide", the following: "to provide a termination date;". By adding between lines 7 and 8 on page 6 the following: "50-21-9. The provisions of this chapter and the Georgia Commission on State Growth Policy shall be continued until December 31, 1984, at which time the commis sion and this chapter shall be terminated and stand repealed in their entirety." By striking from Section 2 on line 9 of page 6 the following: "November 1, 1982.", and inserting in lieu thereof the following: "January 1, 1983." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams,J Y Adams,M Y Aiken Y Anderson Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal Y Beck Y Benefield Y Benn TUESDAY, MARCH 23, 1982 2831 Birdsong Y Bishop Y Bolster Y Branch YBray Y Brooks Buck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark.L Y Colbert Y Coleman Collins Y Colwell Connell Y Couch YCox Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis.B Y Davis,J Y Davis.L Dean YDent Y Dixon N Dobbs Y Dover Y Edwards Elliott Y Evans Felton Y Fortune Foster N Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Y Manner Y Harris Y Harrison Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Y Hutchinson Y Irvin YIsakson Y Jackson,J Y Jackson.N Y Jackson, W Jessup Y Johnson.G Y Johnson,R Y Jones,B Jones,H Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan Long YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson Y Nix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips.RT Y Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell Savage Y Scott.A Y Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Thomas Y Thompson Y Townsend Y Triplett Y Tuten Twiggs Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Wall Y Ware Watson White Y Widener Y Williams.B.J Williams.H Williams.R Y Wilson Y Wood.J Y WoodJ.T Y Workman Speaker Murphy On the passage of the Bill, as amended, the ayes were 135, nays 2. The Bill, having received the requisite constitutional majority, was passed, as amended. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 1368. By: Representatives Shepard of the 67th, Parham of the 109th, and Baugh of the 108th: A BILL to amend an Act providing for the control and operation of clinical laboratories, so as to change the qualifications of one member of the committee; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has agreed to the House substitute, as amended by the Senate, to the fol lowing Bill of the Senate: SB 552. By: Senators Littlefield of the 6th and Hill of the 29th: A BILL to amend Code Section 91A-1373, relating to minimum salaries of tax collectors and tax com missioners, so as to change the population classifications; to change the mini mum salaries of such officers; to provide for additional compensation to such officers for collecting municipal taxes; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bill and Resolution of the Senate were taken up for consideration and read the third time: 2832 JOURNAL OF THE HOUSE, SB 505. By: Senator Land of the 16th: A BILL to amend Article 1 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgment in civil cases, so as to provide that when the parties consent to a judgment the court shall render judgment without the verdict of a jury; and for other pur poses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Adams.J Y Adams.M Y Aiken Y Anderson Argo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield Benn Birdsong Bishop Bolster Y Branch YBray Y Brooks Buck Y Burrusa Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis.B Y Davis,J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Felton Y Fortune Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Y Manner Y Harris Y Harrison Hasty Y Hawkins YHays Hill Holmes Y Hooks Home Y Hutchinson Irvin Isakson Y Jackson,J Y Jackson.N Jackson,W Y Jessup Y Johnson,G Y Johnson,R Y Jones,B Y Jones.H YKarrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan Long YLord YLowe Lucas Y Mangum YMann Marcus Y Martin Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips,B Y Phillips,L.L Y Phillips,R.T Y Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson Rose YRoss Y Rowland Y Russell Savage Y Scott,A Y Scott.D Shepard Y Sherrod Sizemore Y Smith.T Smith.V YSmyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Wall Y Ware Watson White Y Widener Y Williams,B.J Y Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 132, nays 0. The Bill, having received the requisite constitutional majority, was passed. SR 270. By: Senators Brannon of the 51st, Garner of the 30th, Eldridge of the 7th and Dean of the 31st: A RESOLUTION designating the "Georgia Coroners Manual" as the official operating manual for coroners in the State of Georgia; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Argo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Birdsong Bishop Y Bolster Y Branch YBray TUESDAY, MARCH 23, 1982 2833 Brooks Buck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Y Colbert Y Coleman Y Collins Y Colwell Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Cummings Y Darden Daugherty Y Davis.B Y Davis,J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Felton Y Fortune Foster Y Fuller.C YGaler Ginsberg Glover Y Godbee Greer Ham Hamilton Y Banner Y Harris Y Harrison Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N Jackson.W Y Jessup Y Johnson.G Y Johnson,R Y Jones,B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane,D Y Lane,R Y Lawson YLee Y Logan Long YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Nicholson Nix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips,B Y Phillips,L.L Phillips,R.T Y Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson Rose YRoss Y Rowland Y Russell Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett YTuten Y Twiggs Vandiford Y Vaughn Y Veazey Waddle Y Walker YWall Y Ware Watson White Y Widener Y Williams.B.J Y Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 136, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House: HB 1429. By: Representatives Snow of the 1st, Walker of the 115th, Murphy of the 18th, and Karrh of the 106th: A BILL to amend Title 8, relating to buildings and housing; to amend Title 9, relating to civil practice; to amend Title 12, relating to conservation and natural resources; to amend Title 15, relating to courts; to amend Title 16, relating to crimes and offenses; and for other purposes. HB 1327. By: Representatives Nicholson of the 88th and Padgett of the 86th: A BILL to amend Code Section 9-15-2 of the Official Code of Georgia Annotated, relating to affidavits of indigence, so as to provide that the court may inquire into the truth of the affidavit of indigence; to provide for the denial of the petition of indigence; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 639. By: Senator Kidd of the 25th: A BILL to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, relating to elections for the recall of public officials, so as to provide for additional legislative findings; to change the per centage of electors who must sign a recall petition; to change the provisions 2834 JOURNAL OF THE HOUSE, relating to the number of official sponsors necessary to file an application for a recall petition; and for other purposes. The following Committee substitute was read: A BILL To amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, relating to elections for the recall of public officials, so as to require additional information to be written or printed on the recall petition; to require certain information to be read by, or read to, each person who signs a petition; to change the form of the affidavit of the circulator of the recall petition; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 4 of Title 21 of the Official Code of Georgia Annotated, relating to elections for the recall of public officials, is amended by striking Code Section 21-4-6, relating to forms, in its entirety and inserting in lieu thereof a new Code Section 21-4-6 to read as follows: "21-4-6. (a) The form of the recall petition shall be substantially as follows: RECALL PETITION (Official application no.) (County or city) To______________________ (Name of election superintendent) (Address) (City, state, ZIP Code) We, the electors registered to vote in the recall election herein petitioned, demand the recall of ____________________ (Name and office) for the following specific reasonsv: (Six lines for listing) Name Date of Signing Residence Address County of Residence (Signature ) (Number and Street or route) Printed name of elector (City) (Fifteen lines for signatures and printed names) Each petition shatt tnehtde a warning statement setting forth the provisions ef- stibseetien {a} ef God* Section 21-4-1& (b) The following statements shall be written or printed on each petition and each signer must read, or be read, the following statements: TUESDAY, MARCH 23, 1982 2835 '(1) Any person who gives or receives money or any other thing of value for signing a recall petition or for signing an affidavit of signature withdrawal shall be guilty of a misdemeanor; (2) If (insert appropriate number) electors sign this petition, there will be an elec tion at which a majority of the electors voting therein will determine whether the above-named official will be removed from office.'" Section 2. Said chapter is further amended by striking Code Section 21-4-7, relating to procedures for circulating recall petitions, in its entirety and inserting in lieu thereof a new Code Section 21-4-7 to read as follows: "21-4-7. (a) All signers of a single recall petition shall be electors who are registered and eligible to vote in the recall election and who reside in the electoral district of the officer sought to be recalled. When a petition for the recall of a public official is circu lated in more than one county, each sheet of the petition shall bear the name of the county in which it is circulated, and only electors of the designated county may sign such sheet. (b) Every elector signing a recall petition shall do so in the presence of the person circulating the petition, who is to execute the affidavit of verification on the reverse side of the petition form. At the time of signing, the elector shall sign his name, and such elector or the person circulating the petition shall print the name of the elector below the elector's signature and shall print or write in the appropriate spaces following the signature the elector's residence address, giving number and street or route and city, the name of the county, and the date on which the elector signed the petition. (c) If an elector is incapable of signing his own name, he may specifically request the circulator of the petition to sign and print his name and complete the information required on the petition sheet to accompany the signature; provided, however, that the circulator shall also sign his name beside the printed name of such elector. (d) The person before whom the electors signed the recall petition shall verify, in an affidavit subscribed and sworn to by him before a notary public, that each of the names on the petition form was signed in his presence on the date indicated and that in his belief each signer was an elector of the electoral district of the officer sought to be recalled. (e) The affidavit printed on the reverse side of each recall petition form shall be in the following form: AFFIDAVIT OF CIRCULATOR State of Georgia County of _________________ Under the penalty of a misdemeanor, punishable by a fine not to exceed $1,000.00 or by imprisonment not to exceed 12 months, or both, I do depose and say that I am an elector registered to vote in the recall election herein petitioned for and that each petitioner signed or caused to be signed the foregoing petition in my presence on the date indicated; and I believe that each signer's name and residence address are correctly stated, and that each signer is an elector of the electoral district in which such recall election will be conducted! and that each signer must read, or be read, the required statements which are also set out on each petition. (Signature of affiant) ___________________ (Residence address) (Number and street or route) 2836 JOURNAL OF THE HOUSE, Subscribed and sworn to before me this 19 day of Notary public ___, Georgia My commission expires on the ___________ day of ___________ 19 (f) An elector may change the way his signature and residence address appears appear on a recall petition at any time prior to the filing of the petition for verification by striking through his name and initialing the strike-through and re-signing the peti tion with his printed name corrected accordingly." Section 3. This Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Phillips of the 120th moves to amend the House Committee on State of Republic substitute to SB 639 by adding in the title on line 7 of page 1, immediately preceding the words "to provide", the following: "to provide for the locations at which recall petitions shall be signed and circulated; to provide for the operation and expense of such locations;". By adding on page 5 between lines 3 and 4 the following: "(g) The election superintendent shall designate one or more locations within each county or municipality affected at which recall petitions may be circulated and signed. Such locations shall be open during normal working hours, including Saturdays, and shall be the only locations at which recall petitions may be circulated and signed. For the recall of state or county officials, the reasonable expense of maintaining such loca tions shall be paid by the county wherein each lies and shall be considered normal elec tion expenses. For the recall of municipal officials, the reasonable expense of maintaining such locations shall be paid by the municipality wherein each lies and shall be considered normal election expenses." On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G N Adams,J N Adams,M N Aiken Y Anderson Argo N Auten Y Balkcom Y Bargeron N Baugh NBeal NBeck Y Benefield N Benn Y Birdsong N Bishop N Bolster N Branch NBray N Brooks YBuck Burruss N Burton NByrd Cason Y Castleberry N Chamberlin N Chambless Y Chance N Cheeks N Childers N Childs Clark.B Y Clark.L N Colbert Y Coleman Y Collins Y Colwell Connell N Couch YCox N Crawford Y Crosby N Culpepper N Cummings Darden Daugherty N Davis.B N Davis.J N Davis.L N Dean Dent Dixon N Dobbs N Dover N Edwards Elliott Y Evans N Felton Fortune N Foster N Fuller.C Y Galer N Ginsberg Glover Y Godbee Greer Y Ham Hamilton Y Hanner Harris Harrison Hasty N Hawkins YHays N Hill N Holmes N Hooks Home N Hutchinson N Irvin N Isakson N Jackson,J N Jackson,N Y Jackson.W Y Jessup N Johnson.G Y Johnson,R Y Jones.B N Jones.H Y Karrh N Kemp N Kilgore Lambert N Lane.D N Lane.R N Lawson Y Lee Y Logan Y Long YLord N Lowe Lucas Y Mangum YMann N Marcus N Martin Matthews Y McCollum Y McDonald N McKinney N Miles Y Milford N Montgomery N Moody Moore Mostiler N Mullinax N Nicholson TUESDAY, MARCH 23, 1982 2837 NNix Y Oliver N Padgett N Parham Patten N Perry N Peters N Phillips,B Y Phillips,L.L N Phillips.R.T Y Phillips.W.R N Pilewicz Pinkston N Rainey N Ralston Y Ramsey N Randall Y Reaves N Richardson Y Robinson NRose YRoss Y Rowland Y Russell Savage N Scott,A N Scott.D Y Shepard N Sherrod Y Sizemore N Smith.T Smith.V Y Smyre YSnow N Steinberg N Swann N Thomas N Thompson Townsend Y Triplett N Tuten Y Twiggs Vandiford Vaughn Veazey Waddle N Walker N Wall Y Ware Watson White N Widener N Williams.B.J N Williams.H N Williams.R N Wilson Y Wood.J N Wood,J.T N Workman Speaker Murphy On the adoption of the amendment, the ayes were 52, nays 93. The amendment was lost. Representative Phillips of the 120th moved that the House reconsider its action in failing to adopt the Phillips amendment. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G N Adams,J N Adams.M N Aiken Y Anderson Argo N Auten Y Balkcom Y Bargeron N Baugh YBeal NBeck Y Benefield N Benn Y Birdsong Y Bishop Y Bolster N Branch N Bray N Brooks YBuck Burruss N Burton NByrd Y Cason Y Castleberry N Chamberlin N Chambless Y Chance Y Cheeks N Childers Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Connell Y Couch YCox N Crawford Y Crosby N Culpepper Y Cummings Darden N Daugherty N Davis.B N Davis,J N Davis.L NDean Dent Y Dixon Y Dobbs N Dover Y Edwards Elliott Y Evans Y Felton Fortune N Foster N Fuller.C Y Galer N Ginsberg Glover Y Godbee Greer YHam Hamilton Y Hanner Y Harris N Harrison Hasty N Hawkins YHays YHill N Holmes Y Hooks Home N Hutchinson Y Irvin N Isakson N Jackson,J N Jackson,N Y Jackson, W Y Jessup Y Johnson,G Y Johnson,R Y Jones.B N Jones.H Y Karrh YKemp N Kilgore Lambert N Lane.D Y Lane.R N Lawson YLee Y Logan YLong YLord N Lowe Lucas Y Mangum YMann Y Marcus Y Martin Matthews Y McCollum Y McDonald N McKinney N Miles Y Milford N Montgomery N Moody N Moore Mostiler Y Mullinax N Nicholson NNix Y Oliver Y Padgett N Parham Patten Y Perry N Peters N Phillips.B Y Phillips.L.L N Phillips,R.T Y Phillips.W.R N Pilewicz Y Pinkston N Rainey N Ralston Y Ramsey Y Randall Y Reaves N Richardson Robinson NRose YRoss Y Rowland Y Russell Savage N Scott.A N Scott.D Y Shepard Y Sherrod Y Sizemore N Smith.T Smith.V Smyre YSnow N Steinberg N Swann Y Thomas N Thompson Townsend N Triplett Y Tuten Y Twiggs Vandiford Vaughn Veazey Y Waddle Y Walker N Wall Y Ware Watson White N Widener N Williams.B.J N Williams.H N Williams.R N Wilson Wood,J N Wood,J.T N Workman Speaker Murphy On the motion, the ayes were 80, nays 69. The motion prevailed. On the adoption of the Phillips amendment, the roll call was ordered and the vote was as follows: Aaron Y Adams.G N Adams,J N Adams.M N Aiken Y Anderson Argo N Auten Y Balkcom Y Bargeron N Baugh YBeal N Beck Y Benefield N Benn Y Birdsong N Bishop N Bolster Y Branch NBray 2838 JOURNAL OF THE HOUSE, N Brooks YBuck Burruss N Burton NByrd N Cason Y Castleberry Chamberlin N Chambless Y Chance N Cheeks N Childers N Childs Clark.B Y Clark,L Y Colbert Y Coleman Y Collins Y Colwell Connelt N Couch YCox N Crawford Y Crosby N Culpepper N Cummings N Darden Y Daugherty N Davis,B N Davis.J N Davis.L Dean YDent Y Dixon N Dobbs N Dover N Edwards Elliott Y Evans N Felton N Fortune Foster N Fuller.C N Galer N Ginsberg Glover Y Godbee Greer YHam Hamilton Y Hanner Y Harris N Harrison Hasty N Hawkins YHays NHill N Holmes N Hooks N Home N Hutchinson Y Irvin N Isakson N Jackson,J N Jackson, N N Jackson, W Y Jessup Johnson.G Y Johnson.R Y Jones.B N Jones.H Y Karrh NKemp N Kilgore Lambert N Lane.D Lane.R N Lawson YLee Y Logan YLong YLord N Lowe Lucas N Mangum YMann N Marcus N Martin Matthews Y McCollum Y McDonald N McKinney N Miles Y Milford N Montgomery Y Moody N Moore Mostiler N Mullinax N Nicholson NNix Y Oliver N Padgett N Parham Patten Y Perry N Peters N Phillips.B Y Phillips.L.L N Phillips.R.T Y Phillips.W.R N Pilewicz Pinkston N Rainey N Ralston Y Ramsey Y Randall Y Reaves N Richardson Y Robinson NRose NRoss Y Rowland Y Russell Savage Y Scott.A N Scott.D N Shepard Y Sherrod Y Sizemore N Smith.T Smith.V Y Smyre YSnow N Steinberg N Swann Thomas N Thompson Townsend Y Triplett N Tuten Y Twiggs N Vandiford Vaughn Veazey N Waddle N Walker N Wall N Ware Watson White N Widener N Williams.B.J N Williams.H Williams.R N Wilson Wood.J N Wood,J.T N Workman Speaker Murphy On the adoption of the Phillips amendment, the ayes were 58, nays 90. The Phillips amendment was again lost. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Aaron N Adams.G N Adams.J N Adams.M N Aiken Y Anderson Argo N Auten Y Balkcom Y Bargeron N Baugh YBeal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray N Brooks YBuck Y Burruss N Burton NByrd Y Cason Y Castleberry N Chamberlin Y Chambless Y Chance Y Cheeks N Childers Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty N Davis.B N Davis,J N Davis.L Dean YDent Y Dixon Y Dobbs Y Dover N Edwards Elliott Y Evans N Felton Y Fortune Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Y Hanner Y Harris Y Harrison Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson N Jackson,J N Jackson.N Y Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones.B N Jones.H Y Karrh NKemp N Kilgore Lambert N Lane.D Y Lane.R N Lawson YLee Y Logan YLong YLord N Lowe Lucas Y Mangum YMann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney N Miles Y Milford Y Montgomery Y Moody Moore Mostiler Y Mullinax Y Nicholson Y Nix Y Oliver Y Padgett N Parham Patten Y Perry Y Peters N Phillips.B Y Phillips.L.L Y Phillips.R.T Y Phillips.W.R Y Pilewicz Y Pinkston Y Rainey N Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson TUESDAY, MARCH 23, 1982 2839 NRose YRoss Y Rowland Y Russell Savage N Scott,A Y Scott,D N Shepaid N Sherrod Y Sizemore N Smith.T Smith.V YSmyre YSnow Y Steinberg N Swann Y Thomas Y Thompson Townsend Y Triplett NTuten Y Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker N Wall Y Ware Watson White N Widener N Williams.B.J N Williams.H Williams.R Y Wilson Y Wood,J N Wood,J.T N Workman Speaker Murphy On the passage of the Bill, by substitute, the ayes were 114, nays 41. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 4. By: Senators Hudgins of the 15th and Littlefield of the 6th: A BILL to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to change the provi sions regarding creation of juvenile courts; to provide for judges; to provide for their election, compensation, terms of office and appointment; and for other purposes. Representative Culpepper of the 98th moved that further consideration of SB 4 be postponed until tomorrow morning immediately after the period of unanimous consents. The motion prevailed. SB 608. By: Senator Barnes of the 33rd: A BILL to amend Code Title 105, relating to torts, so as to provide that the operator of a motor vehicle owes to passengers therein a duty of ordinary care; to amend the Official Code of Georgia Anno tated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G N Adams.J Y Adams,M Y Aiken Y Andersen Argo N Auten Y Balkcom N Bargeron YBaugh YBeal YBeck Y Benefield NBenn Y Birdsong Bishop N Bolster Y Branch YBray Y Brooks Buck Y Burruss Y Burton NByrd N Cason N Castleberry Y Chamberlin N Chambless Y Chance Y Cheeks N Guilders Y Childs Clark,B N Clark,L Y Colbert Y Coleman Y Collins N Colwell Connell Y Couch NCox N Crawford N Crosby Y Culpepper N Cummings Y Darden Y Daugherty Y Davis.B Y Davis,J Y Davis.L Dean Dent N Dixon N Dobbs N Dover Y Edwards Elliott Y Evans Y Felton N Fortune Foster Y Fuller.C N Galer Ginsberg Glover YGodbee Greer YHam Hamilton Y Hanner Y Harris Y Harrison Hasty Y Hawkins YHays Hill Y Holmes N Hooks Y Home Hutchinson N Irvin Y Isakson N Jackson,J N Jackson.N Jackson.W Y Jessup Y Johnson.G Y Johnson,R Y Jones.B N Jones.H Y Karrh YKemp N Kilgore N Lambert Y Lane.D Y Lane,R Y Lawson YLee Y Logan Long YLord YLowe Lucas Y Mangum Mann Y Marcus Y Martin Matthews N McCollum N McDonald Y McKinney Y Miles Y Milford N Montgomery Y Moody Y Moore Mostiler N Mullinax Y Nicholson YNix Y Oliver N Padgett Y Parham Patten Y Perry Peters Y Phillips,B Y Phillips.L.L Phillips,R.T Y Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Ralston Ramsey Y Randall Reaves Y Richardson Robinson NRose NRoss Rowland Y Russell Savage N Scott,A Y Scott.D Shepard N Sherrod Y Sizemore N Smith.T Smith.V Smyre Snow Y Steinberg Swann Y Thomas Y Thompson Townsend Y Triplett 2840 JOURNAL OF THE HOUSE, Y Tuten N Twiggs Y Vandiford Y Vaughn Y Veazey N Waddle Y Walker Y Wall N Ware N Watson White N Widener N Williams.B.J Y Williams.H Williams.R Y Wilson Y Wood.J N Wood,J.T Y Workman Y Speaker Murphy On the passage of the Bill, the ayes were 96, nays 45. The Bill, having received the requisite constitutional majority, was passed. Representative Wood of the 9th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 608. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House: HB 1351. By: Representatives Robinson of the 58th, Vandiford of the 53rd, Hawkins of the 50th, Richardson of the 52nd, Williams of the 48th, and others: A BILL to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Geor gia Annotated, relating to property tax exemptions from ad valorem taxation of property, so as to provide for an application for exemption from taxation of cer tain property; and for other purposes. HB 1513. By: Representative Home of the 104th: A BILL to amend Code Section 56-1022, relating to authorized investments by insurers, so as to provide that insurers may invest in bonds, notes, or other evidences of indebtedness which are secured by mortgage or deed of trust or deed to secure debt insured in whole or in part by a private mortgage insurance company under certain conditions; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1730. By: Representative Vaughn of the 57th: A BILL to amend Code Section 44-7-51 of the Official Code of Georgia Annotated, relating to the issuance of summons, service, time for answer, and defenses and counterclaims, so as to provide that the defendant may be served by posting a copy of the summons and affidavit on the door of the premises and, on the same day of such postings, by enclos ing, directing, stamping, and mailing by first class mail a copy of the summons and the affidavit to the defendant at his last known address; and for other pur poses. The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate: SR 346. By: Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others: A RESOLUTION creating the Environmental Facilities Study Commission; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 603. By: Senators Starr of the 44th, Howard of the 42nd and Fincher of the 52nd: A BILL to amend an Act known as the "Georgia Public Assistance Act of 1965," TUESDAY, MARCH 23, 1982 2841 so as to provide for the establishment of a pilot and state-wide community work experience programs for certain unemployed recipients of aid to families with dependent children; to amend the Official Code of Georgia Annotated accord ingly; and for other purposes. The following amendment was read and adopted: Representative Wilson of the 19th moves to amend SB 603 by striking from the title, beginning on line 4 of page 1, the following: "a pilot and state-wide community work experience programs", and inserting in lieu thereof the following: "pilot community work experience programs". By striking from Part 1, beginning on line 16 of page 2, the following: "The department, using the experience gained from its pilot programs, shall establish fully operational community work experience programs throughout the state no later than July 1, 1983." By striking from Part 2, beginning on line 16 of page 3, the following: "The department, using the experience gained from its pilot programs, shall establish fully operational community work experience programs throughout the state no later than July 1, 1983." The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Y Adams,J Y Adams.M N Aiken Y Anderson Argo Y Auten Y Balkcom Y Bargeron N Baugh YBeal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray N Brooks YBuck Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Collins Y Colwell Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Davis.B Y Davis.J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Foster N Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer YHam Hamilton Y Manner Y Harris Y Harrison Hasty Y Hawkins YHays Y Hill Y Holmes Y Hooks Y Home Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson.N Y Jackson.W Y Jessup Y Johnson,G Y Johnson,R Y Jones.B Y Jones.H Y Karrh Y Kemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan YLong YLord Y Lowe Lucas Y Mangum YMann Y Marcus Y Martin Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett N Parham Patten Y Perry Y Peters Phillips.B Phillips.L.L Y Phillips.R.T Y Phillips.W.R Y Pilewicz Pinkston Y Rainey Ralston Ramsey Y Randall Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Savage Scott.A Y Scott.D Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Swann Y Thomas Y Thompson Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Vaughn Y Veazey 2842 Y Waddle Y Walker Y Wall Y Ware Y Watson White JOURNAL OF THE HOUSE, Widener Y Williams,B.J Williams.H William9,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 136, nays 5. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 364. By: Senators Littlefield of the 6th, Wessels of the 2nd and Barnes of the 33rd: A BILL to amend Code Title 56, relating to insurance, so as to provide for a new Code chapter relating to insurance information and privacy protection; to provide for legislative intent; to provide for the scope and application of said Code Chapter; and for other purposes. By unanimous consent, further consideration of SB 364 was postponed until tomorrow morning immediately after the period of unanimous consents. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SB 457. By: Senator Stephens of the 36th: A BILL to define the status and prescribe the duties and powers of certain employees of county adult probation departments in certain counties; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 729. By: Senator Scott of the 43rd: A BILL to amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, so as to change the provisions relative to school board districts; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 737. By: Senator Bell of the 5th: A BILL to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, so as to change the provisions relating to the descriptions of commissioner districts; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 757. By: Senator Stumbaugh of the 55th: A BILL to provide for an advisory referen dum within DeKalb County to determine the opinion of the electorate relative to DeKalb Community College continuing to be operated as an institution of the DeKalb County Board of Education or being transferred to the Board of Regents and operated as a unit of the University System of Georgia; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 759. By: Senator Evans of the 37th: A BILL to repeal an Act creating the City of Atlanta Group Insurance Board Authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. TUESDAY, MARCH 23, 1982 2843 SB 774. By: Senator Walker of the 19th: A BILL to reincorporate the City of Helena, Georgia, and to grant a new charter to the said City; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 775. By: Senator Walker of the 19th: A BILL to amend an Act providing for the elec tion of members of the Telfair County Board of Education from education dis tricts, so as to change the terms of office of certain current members; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 776. By: Senator Foster of the 50th: A BILL to amend an Act creating the Office of Commissioner of Lumpkin County, so as to change the compensation of the commissioner; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 777. By: Senator Foster of the 50th: A BILL to amend an Act placing the Tax Com missioner of Lumpkin County upon an annual salary, so as to change the com pensation of the tax commissioner; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 778. By: Senator Foster of the 50th: A BILL to amend an Act placing the Sheriff of Lumpkin County upon an annual salary, so as to change the provisions relating to the compensation of the Sheriff; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 779. By: Senator Foster of the 50th: A BILL to amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Lumpkin County upon an annual salary, so as to change the compensation of the clerk of the superior court and the judge of the probate court; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 780. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to amend an Act creating the Magistrate's Court of Glynn County, so as to change the com pensation of the deputy magistrate; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 781. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to amend an Act relating to public education in Glynn County, and the several Acts amenda tory thereof, so as to provide that the Board of Education of Glynn County shall at all times consist of two members elected from each county commis sioner district in Glynn County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 782. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to change the method of selection of members of the Glynn-Brunswick Hospital Authority; to provide for qualifications of members; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 2844 JOURNAL OF THE HOUSE, SR 330. By: Senator Tysinger of the 41st: A RESOLUTION proposing an amendment to the Constitution so as to increase the amount of the homestead exemption from city ad valorem taxes for certain residents of the City of Chamblee; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SR 346. By: Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others: A RESOLUTION creating the Environmental Facilities Study Commission; and for other purposes. Referred to the Committee on Rules. During this day's proceedings, the Speaker and Speaker Pro Tern alternated serving in the Chair. Representative Burruss of the 21st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning. MARCH 24, 1982 2845 Representative Hall, Atlanta, Georgia Wednesday, March 24, 1982 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker Pro Tem. By unanimous consent, the call of the roll was dispensed with. Prayer was offered by the Reverend William Rucker, Pastor of the Lincolnton Circuit of the C.M.E. Church, Elberton, Georgia. Reverend Rucker once served as Assistant Doorkeeper of the House. 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. Representative Burton of the 47th moved that the Committee on Rules be instructed to report the following Bill back to the House under the conditions set forth in Rule 140: SB 467. By: Senators Bell of the 5th, Engram of the 34th and Land of the 16th: A BILL to amend Code Title 59, relating to juries, so as to provide for a Special Investi gative Grand Jury with state-wide jurisdiction; to amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, so as to provide for the same changes described above; and for other pur poses. On the motion, the roll call was ordered and the vote was as follows: Aaron N Adams.G N Adams,J N Adams.M Y Aiken N Anderson N Argo Y Auten N Balkcom N Bargeron N Baugh NBeal NBeck N Benefield Benn N Birdsong N Bishop N Bolster N Branch NBray N Brooks NBuck N Burruss Y Burton NByrd Y Cason N Castleberry Y Chamberlin N Chambless N Chance N Cheeks N Childers Childs Clark.B N Clark.L Colbert N Coleman N Collins N Colwell Connell N Couch NCox N Crawford N Crosby N Culpepper N Cummings N Darden N Daugherty N Davis.B Y Davis.J Y Davis.L Dean N Dent N Dixon N Dobbs Y Dover N Edwards Y Elliott N Evans Y Felton Fortune N Foster Y Fuller.C Galer N Ginsberg Glover N Godbee Greer N Ham Hamilton N Hanner N Harris Harrison N Hasty Hawkins N Hays N Hill N Holmes Hooks N Home N Hutchinson Irvin Y Isakson N Jackson.J Jackson,N Jackson,W N Jessup N Johnson.G N Johnson,R N Jones.B Y Jones.H Karrh YKemp N Kilgore N Lambert N Lane.D N Lane.R N Lawson NLee Logan N Long NLord Y Lowe N Lucas N Mangum NMann N Marcus N Martin Matthews N McCollum McDonald N McKinney Y Miles N Milford Y Montgomery N Moody N Moore N Mostiler N Mullinax N Nicholson Y Nix N Oliver N Padgett N Parham N Patten N Perry Y Peters N Phillips.B N Phillips.L.L Y Phillips.R.T N Phillips.W.R Pilewicz N Pinkston N Rainey Ralston N Ramsey N Randall N Reaves N Richardson Robinson 2846 JOURNAL OF THE HOUSE, Y Rose N Ross N Rowland N Russell Savage N Scott,A N Scott,D N Shepard N Sherrod N Sizemore Smith.T Smith, V Smyre N Snow N Steinberg N Swann N Thomas N Thompson Y Townsend N Triplett N Tuten N Twiggs Vandiford N Vaughn N Veazey Y Waddle N Walker N Wall N Ware N Watson White Y Widener On the motion, the ayes were 25, nays 122. The motion was lost. Y Williams.BJ Williams.H N Williams.R N Wilson N Wood,J N Wood,J.T N Workman Speaker Murphy Due to a mechanical defect, the vote of Representative Dean of the 29th was not recorded on the preceding roll call. He wished to vote "nay" thereon. Representative Hooks of the 116th stated that he had been called from the floor of the House during the preceding roll call and requested to be recorded as voting "nay" thereon. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the Rules were suspended in order that the following Bills of the House could be introduced and referred to the committees: HB 1972. By: Representatives Cason of the 96th, Karrh of the 106th and McDonald of the 12th: A BILL to amend Code Section 53-13-59 of the Official Code of Geor gia Annotated, relating to investments in loans guaranteed by the Small Busi ness Administration, so as to provide that certain loans to small businesses shall be lawful investments for savings bank deposits, for all fiduciary and trust funds, and for the funds of insurance companies, pension and retirement sys tems, and savings and loan associations; and for other purposes. Referred to the Committee on Banks & Banking. HB 1973. By: Representatives Thomas and Johnson of the 66th, Nix of the 20th, Davis of the 45th and Wood of the 9th: A BILL to amend Part 2 of Article 6 of Chap ter 2 of Title 20 of the Official Code of Georgia Annotated, relating to instruc tional services in public schools, so as to provide military recruiters with access to the campus and to student directory information in public secondary schools under certain conditions; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. By unanimous consent, the following Bills and Resolutions of the Senate were read the second time: MARCH 24, 1982 2847 SB 457 SB 729 SB 737 SB 757 SB 759 SB 774 SB 775 SB 776 SB 777 SB 778 SB 779 SB 780 SB 781 SB 782 SR 330 SR 346 Representative McDonald of the 12th District, Chairman of the Committee on Indus try, submitted the following report: Mr. Speaker: Your Committee on Industry has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation: HB 1213 Do Pass Respectfully submitted, McDonald of the 12th Chairman Representative Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 511 Do Pass SB 761 Do Pass SB 727 Do Pass SB 539 Do Pass, by Substitute SB 644 Do Pass Respectfully submitted, Snow of the 1st Chairman Representative Coleman of the 118th District, Chairman of the Committee on Public Safety, submitted the following report: Mr. Speaker: Your Committee on Public Safety has had under consideration the following Bill and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations: SR 238 Do Pass, as Amended SB 736 Do Pass Respectfully submitted, Coleman of the 118th Chairman Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report: 2848 JOURNAL OF THE HOUSE, Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation: SR 275 Do Pass Respectfully submitted, Lee of the 72nd Chairman Representative Colwell of the 4th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions & Property has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 182 Do Pass SB 715 Do Pass SR 342 Do Pass Respectfully submitted, Colwell of the 4th Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 752 Do Pass SB 760 Do Pass SB 769 Do Pass SB 770 Do Pass SB 771 Do Pass Respectfully submitted, Adams of the 36th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, MARCH 24, 1982 Mr. Speaker and Members of the House: The Committee on Rules, in session assembled, has fixed the calendar for this day's business, March 24, 1982, as enumerated below: HR 564 Lake Sidney Lanier Study Committee HR 773 Postsecondary Ed. Grant, Committee HR 821 House Boating Study Committee MARCH 24, 1982 2849 SB 364 Insurance, Information and Privacy Protection, (P.P.) SB 617 Professional Engineers and Land Surveyors, Adv. SB 620 Professional Sanitarians Board, Amend SB 693 Public Records, Access, Cert. Penalties SB 696 Motor Vehicle, Cert, of Title, Assigned in Blank SB 703 State Employees, Payroll Deductions SB 710 Student Grants, Colleges of Osteopathic Medicine SB 711 Insurers, Administrative Fine SB 714 Labor Dept., Correctional Services SB 717 Municipalities, Street Improvements SB 728 Ga. Res. Finance Auth., Secondary Market Corp. SB 735 Livestock Dealers, Market Operators SB 741 Elections, Board of, Population Classifications SB 747 Fair Business Practices, Career Consulting SB 758 School Buses, Transportation of Elderly SB 763 Courts of Limited Jurisdiction, Comp. of Judges SB 764 U. S. Property, Concurrent Jurisdiction SR 226 Services for Aged Study Committee SR 340 State Government, Sovereign Immunity ALL COMPENSATION RESOLUTIONS APPROVED BY THE APPROPRIATIONS COMMITTEE Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully Submitted, 1st Lee of the 72nd Chairman By unanimous consent, the following Bills of the Senate were taken up for considera tion and read the third time: SB 746. By: Senator Ballard of the 45th: A BILL to amend an Act creating the Alcovy Judicial Circuit, so as to change the salary and expenses of the official court reporter of said circuit; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 752. By: Senator Bryant of the 3rd: A BILL to provide for the election of members of the Board of Commissioners of Bryan County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 760. By: Senator Bryant of the 3rd: A BILL to abolish the office of Treasurer of Bryan County; to provide that the Board of Commissioners of Bryan County shall appoint depositories for county funds; and for other purposes. 2850 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 769. By: Senator Fincher of the 54th: A BILL to amend an Act placing the sheriff, clerk of the superior court, and judge of the probate court of Whitfield County on a salary system of compensation, so as to change the compensation of the clerk and the judge of the probate court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 770. By: Senator Fincher of the 54th: A BILL to amend an Act changing the compen sation of the coroner of Whitfield County, so as to change the compensation of the coroner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 771. By: Senator Kennedy of the 4th: A BILL to amend an Act creating the charter of the City of Claxton, so as to change the authority of the Mayor to name city appointments to various boards and commissions; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 773. By: Senator Foster of the 50th: A BILL to amend an Act placing the Tax Com missioner of Rabun County on a salary, so as to change the compensation of the tax commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: MARCH 24, 1982 2851 The Senate has passed by the requisite constitutional majority the following Bills of the House: HB 1449. By: Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th and Culpepper of the 98th: A BILL to amend Code Chapter 91A-3, relating to tax execution, so as to change provisions relative to interest on executions for municipal taxes; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1118. By: Representatives Darden, Thompson, and Wilson of the 19th, and Aiken of the 21st: A BILL to amend an Act creating the State Court of Cobb County, so as to provide for an additional judge of the State Court of Cobb County; to provide for the appointment of the initial judge; and for other purposes. HB 1538. By: Representatives Nix and Isakson of the 20th, Darden and Wilson of the 19th, and Aiken and Burruss of the 21st: A BILL to amend Code Chapter 32-9, relating to county boards of education, so as to provide for law enforcement powers for school security personnel in counties having a population of not less than 210,000 nor more than 450,000 according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1552. By: Representatives Darden, Thompson and Wilson of the 19th, Aiken of the 21st, and Nix and Harrison of the 20th: A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the chief dep uty clerk of said court; and for other purposes. HB 1560. By: Representatives Nix and Isakson of the 20th, Wilson, Thompson, and Darden of the 19th and others: A BILL to amend an Act creating a board of commissioners for Cobb County, Georgia, so as to change the provisions relating to meetings of the board of commissioners; to change the provisions relating to duties of the chairman; to change the provisions relating to duties of the board of commissioners; and for other purposes. HB 1616. By: Representatives Nix of the 20th, Darden, Wilson and Thompson of the 19th, Aiken of the 21st and others: A BILL to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to the composition and terms of members of county boards of health, so as to provide an additional member of county boards of health in certain counties; and for other purposes. HB 1672. By: Representatives Darden and Thompson of the 19th, Aiken of the 21st, and Nix, Isakson and Harrison of the 20th: A BILL to amend an Act creating the State Court of Cobb County, so as to change certain costs in said court; and for other purposes. HB 1677. By: Representatives Nix and Isakson of the 20th, Thompson and Wilson of the 19th, Aiken of the 21st and others: A BILL to amend an Act to authorize the establishment of a civil service system in Cobb County for persons receiving sal ary and wages in whole or in part from Cobb County, so as to change the quali fications of members of the Cobb County Civil Service Board; to change the provisions relating to the election of candidates to said board in run-off elec tions; and for other purposes. HB 1683. By: Representative Peters of the 2nd: A BILL providing for the fiscal adminis tration of the office of Sheriff of Catoosa County, so as to change the provisions 2852 JOURNAL OF THE HOUSE, relative to the fiscal administration of the office of sheriff; and for other pur poses. HB 1717. By: Representatives Phillips of the 125th, Ginsberg of the 122nd, Davis of the 124th, Hill of the 127th, Triplett of the 128th and others: A BILL to fix the salary of the clerk of the probate court of Chatham County; and for other pur poses. HB 1727. By: Representatives Darden, Thompson and Wilson of the 19th, and Harrison, Nix and Isakson of the 20th: A BILL to amend an Act creating the State Court of Cobb County, so as to eliminate the requirement that accusations in criminal cases be based upon affidavit, except in cases where the defendant has not been previously arrested in conjunction with the transaction charged in the accusa tion and the accusation is to be used as the basis for the issuance of a warrant for the arrest of the defendant; and for other purposes. HB 1728. By: Representatives Darden, Thompson, and Wilson of the 19th, and Harrison, Nix and Isakson of the 20th: A BILL to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city; and for other purposes. HB 1739. By: Representative Chamberlin of the 73rd: A BILL to amend an Act creating a Small Claims Court in and for Henry County, so as to provide for the election of the judge of the court; and for other purposes. HB 1753. By: Representatives Darden, Thompson and Wilson of the 19th, Nix of the 20th, Aiken of the 21st and others: A BILL to amend an Act creating the State Court of Cobb County, so as to change the number of assistant solicitors; to change the compensation of assistant solicitors; and for other purposes. HB 1800. By: Representatives Foster and Williams of the 6th and Ramsey of the 3rd: A BILL to amend an Act creating a board of elections in each county having a population of not less than 51,000 and not more than 55,110 according to the 1970 United States decennial census or any future such census, so as to change the population requirements of said Act; and for other purposes. HB 1802. By: Representative Darden of the 19th: A BILL to amend an Act entitled "An Act to amend an Act creating the State Court of Cobb County (formerly the Civil and Criminal Court of Cobb County), so as to create an office of magis trate; and for other purposes.", so as to increase the number of magistrates; and for other purposes. HB 1805. By: Representatives Snow and Hays of the 1st, Crawford of the 5th, Foster and Williams of the 6th and others: A BILL to change the method of filling vacan cies on the board of the hospital authority of Walker, Dade, and Catoosa coun ties; and for other purposes. HB 1806. By: Representatives Snow and Hays of the 1st and Crawford of the 5th: A BILL to amend an Act placing the Dade County probate judge on an annual salary, so as to change provisions relating to compensation of the judge's deputies and clerks; and for other purposes. HB 1807. By: Representatives Snow and Hays of the 1st and Crawford of the 5th: A BILL to amend an Act placing the Dade County clerk of superior court on an annual MARCH 24, 1982 2853 salary, so as to change provisions relating to the compensation of the clerk's deputies; and for other purposes. HB 1808. By: Representatives Snow and Hays of the 1st and Crawford of the 5th: A BILL to amend an Act creating the office of tax commissioner of Bade County, so as to change provisions relating to the compensation of the personnel employed by the tax commissioner; and for other purposes. HB 1809. By: Representatives Snow and Hays of the 1st, Crawford of the 5th, and Poster and Williams of the 6th: A BILL to amend an Act placing the clerk of superior court of Walker County on an annual salary, so as to change the maximum compensation of personnel of the clerk's office; and for other purposes. HB 1810. By: Representatives Snow and Hays of the 1st and Crawford of the 5th: A BILL to amend an Act creating the office of Dade County commissioner, so as to change procedures for the sale of surplus county property; to remove a limita tion upon the compensation of personnel of the commissioner; and for other purposes. HB 1812. By: Representatives Snow and Hays of the 1st, Crawford of the 5th, and Foster and Williams of the 6th: A BILL to create and establish a Small Claims Court of Walker County; and for other purposes. HB 1813. By: Representative Collins of the 144th: A BILL to amend an Act creating a small claims court in each county of this state having a population of not less than 19,500 and not more than 19,700 according to the United States decennial census of 1960 or any future such census, so as to change the provisions relative to population; and for other purposes. HB 1815. By: Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th: A BILL to amend Code Title 91A, relating to public revenue and taxa tion, so as to change the population classifications of provisions affecting coun ties within this state having a population of not less than 63,000 nor more than 72,000 according to the United States decennial census of 1970 or any future such census; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1822. By: Representatives Patten of the 149th, Beck of the 148th and Reaves of the 147th: A BILL to amend an Act providing for a board of elections in certain counties, so as to change the population brackets from "not less than 55,110 and not more than 56,000 according to the 1970 United States Decennial Cen sus" to "not less than 66,000 and not more than 74,000 according to the 1980 United States Decennial Census"; and for other purposes. HB 1823. By: Representatives Patten of the 149th, Beck of the 148th and Reaves of the 147th: A BILL to amend an Act changing the compensation of the coroner in certain counties of this state, so as to change the population brackets from "not less than 55,110 and not more than 58,000 according to the United States decennial census of 1970" to "not less than 66,000 and not more than 74,000 according to the 1980 United States decennial census"; and for other purposes. HB 1826. By: Representatives Godbee of the 82nd and Lane of the 81st: A BILL to amend an Act creating the Small Claims Court of Bulloch County, so as to change pro visions relating to the jurisdiction of the court and the compensation of the judge; and for other purposes. 2854 JOURNAL OF THE HOUSE, HB 1829. By: Representatives Connell of the 87th, Nicholson of the 88th, Dent of the 85th, Cheeks of the 89th and Swann of the 90th: A BILL to amend an Act relating to punishment of violators of ordinances of the City of Augusta, so as to change the maximum amount of fines which may be imposed; and for other purposes. HB 1848. By: Representative Cox of the 141st: A BILL to amend an Act creating a new charter for the City of Climax, so as to change the terms of office of the mayor and council;.to provide for the election of said officials; to establish a recorder's court; and for other purposes. HB 1852. By: Representatives Fortune and Mostiler of the 71st: A BILL to amend an Act creating a small claims court for Spalding County, so as to change the jurisdic tion of said court; to change the compensation of the judge of said court from a fee system to an annual salary; and for other purposes. HB 1855. By: Representatives Crawford of the 5th, and Hays and Snow of the 1st: A BILL to fix the compensation of the county commissioner of counties having a popu lation of not less than 12,300 and not more than 12,400; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1857. By: Representatives Collins of the 144th and Mann of the 13th: A BILL to pro vide for the compensation of the chairman and members of the county board of education in all counties of this state having a population of not less than 20,900 nor more than 21,200 according to the United States decennial census of 1980 or any future such census; and for other purposes. HB 1858. By: Representatives Anderson, Harris and Hasty of the 8th: A BILL to amend an Act placing the sheriff, clerk of the superior court, tax commissioner, and judge of the Probate Court of Cherokee County on the salary system in lieu of fees, so as to change the compensation of the clerk of the superior court, judge of the probate court, and tax commissioner of Cherokee County; and for other purposes. HB 1860. By: Representative Reaves of the 147th: A BILL to amend an Act providing for the disposition and application of insolvent costs from fines and forfeitures aris ing from motor vehicle traffic cases in the probate courts of all counties having a population of not less than 13,700 and not more than 13,900 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population; and for other purposes. HB 1862. By: Representative Reaves of the 147th: A BILL to provide for the compensa tion of coroners in all counties of this state having a population of not less than 15,200 nor more than 15,400 according to the United States decennial census of 1980 or any future such census; and for other purposes. HB 1863. By: Representative Reaves of the 147th: A BILL to amend an Act providing for the compensation of the county clerk in all counties of this state having a popu lation of 2,000 or less according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population; and for other purposes. HB 1864. By: Representatives Harris, Hasty and Anderson of the 8th, and Ralston of the 7th: A BILL to provide that the members of the Bartow County Board of Edu cation shall be compensated as provided by the general laws of the State of Georgia; and for other purposes. MARCH 24, 1982 2855 HB 1865. By: Representatives Harris, Hasty and Anderson of the 8th, and Ralston of the 7th: A BILL to provide that the Superintendent of Schools of the Bartow County School District shall be elected by the Board of Education of Bartow County; and for other purposes. HB 1866. By: Representatives Harris, Hasty and Anderson of the 8th, and Ralston of the 7th: A BILL to provide that the members of the Board of Education of Bartow County shall serve for a term of four years; and for other purposes. HB 1867. By: Representatives Harris, Hasty and Anderson of the 8th: A BILL to amend an Act incorporating the City of Emerson, so as to provide for filling vacancies in the office of aldermen; and for other purposes. HB 1868. By: Representatives Harris, Hasty and Anderson of the 8th: A BILL to amend an Act incorporating the City of Emerson, so as to change the terms of office of the mayor and aldermen; and for other purposes. HB 1869. By: Representatives Connell of the 87th, Swann of the 90th, Nicholson of the 88th, Dent of the 85th and Cheeks of the 89th: A BILL to amend an Act creat ing the Augusta Redevelopment Authority, so as to direct and authorize the chairman of the authority to contract with the Augusta Downtown Development Authority for the transfer of all assets and liabilities of the redevelopment authority to the downtown development authority; and for other purposes. HB 1871. By: Representative Sizemore of the 136th: A BILL to amend an Act creating a new charter for the City of Poulan, so as to change the corporate limits of the city; and for other purposes. HB 1872. By: Representatives Godbee of the 82nd and Bargeron of the 83rd: A BILL to amend an Act providing for a board of elections in each county in the state having a population of not less than 18,200 nor more than 18,300 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population; and for other purposes. HB 1874. By: Representative Jessup of the 117th: A BILL to amend an Act authorizing the Pulaski County-Hawkinsville Development Authority to exercise certain powers, so as to change the membership of the Authority; and for other pur poses. HB 1875. By: Representative Chance of the 129th: A BILL to amend an Act creating a new charter for the Town of Guyton, so as to remove a certain geographical area from the territorial limits of the Town of Guyton; and for other purposes. HB 1878. By: Representative Ross of the 76th: A BILL to amend an Act abolishing the offices of tax collector and tax receiver in Warren County, and creating the office of tax commissioner of Warren County, so as to change the provisions relating to the compensation of assistants and clerks; and for other purposes. HB 1879. By: Representatives Cummings of the 17th and Montgomery of the 16th: A BILL to amend an Act creating a Board of Commissioners of Polk County, so as to change the salary of the Chairman and each of the other members of the Board of Commissioners of Polk County; and for other purposes. 2856 JOURNAL OF THE HOUSE, HB 1881. By: Representatives Jones of the 78th and Adams of the 79th: A BILL to amend an Act creating and establishing a Small Claims Court in Pike County, so as to change the provisions relating to costs and fees; and for other purposes. HB 1882. By: Representatives Adams of the 79th and Jones of the 78th: A BILL to amend an Act abolishing the present mode of compensating the Sheriff of Pike County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensation provisions relating to the sheriff; to provide for increases in salary; and for other purposes. HB 1883. By: Representatives Adams of the 79th and Jones of the 78th: A BILL to amend an Act abolishing the present mode of compensating the Judge of the Probate Court of Pike County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensation provisions relating to the judge of the probate court; to provide for increases in compensation; and for other purposes. HB 1884. By: Representatives Adams of the 79th and Jones of the 78th: A BILL to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County, so as to change the compensation provisions relating to the tax commissioner; to provide for increases in compensation; and for other purposes. HB 1885. By: Representative Adams of the 79th: A BILL to amend an Act consolidating and combining the board of tax assessors of the City of Thomaston and the County of Upson, so as to change the term of the members of the joint board of tax assessors; and for other purposes. HB 1886. By: Representatives Adams of the 79th and Jones of the 78th: A BILL to amend an Act abolishing the present mode of compensating the clerk of the Superior Court of Pike County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensation provisions relating to the clerk of the superior court; to provide for increases in compensation; and for other purposes. HB 1888. By: Representatives Moody and Byrd of the 138th: A BILL to amend an Act providing a new charter for the City of Baxley, so as to comprehensively revise, restate, modernize, and codify the charter of the City of Baxley; and for other purposes. HB 1889. By: Representatives Mann and Milford of the 13th: A BILL to amend an Act creating a small claims court for Elbert County, so as to change the jurisdictional amount of the court and the amount of certain fees charged for proceed ings in the court; and for other purposes. HB 1893. By: Representative Hays and Snow of the 1st: A BILL to fix the compensation of the county commissioner of counties having a population of not less than 56,400 and not more than 60,000; to amend the Official Code of Georgia Anno tated accordingly; and for other purposes. HB 1896. By: Representative Kemp of the 139th: A BILL to amend Code Section 5A-2901, relating to authorization of sales of distilled spirits by the drink, so as to change certain population brackets affecting counties having a population of not less than 14,486 and not more than 14,540 according to the United States decennial MARCH 24, 1982 2857 census of 1960 or any future such census; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1898. By: Representatives Randall of the 101st, Home of the 104th, Lucas of the 102nd, Pinkston of the 100th, Davis of the 99th and others: A BILL to amend an Act creating a new charter for the City of Macon in the County of Bibb, so as to extend and increase the corporate limits of the City of Macon; and for other purposes. HB 1901. By: Representatives Smith and Moore of the 152nd: A BILL to provide that in each county of this state having a population of not less than 9,365 and not more than 9,385 according to the United States decennial census of 1980 or any future such census, the board of county commissioners shall be composed of five members; and for other purposes. HB 1902. By: Representative Dixon of the 151st: A BILL to authorize the governing authority of the City of Waycross to convey certain park property to the Ware County Hospital Authority; and for other purposes. HB 1904. By: Representatives Ham of the 80th and Sizemore of the 136th: A BILL to amend an Act providing an annual salary for the sheriff of each county having a population of not less than 14,000 nor more than 15,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population; and for other purposes. HB 1908. By: Representative Adams of the 79th: A BILL to amend, consolidate and super sede the several Acts of the General Assembly of the State of Georgia pertain ing to the City of Molena in the County of Pike; to provide a new charter therefor; to organize the municipal government thereof; to prescribe the corpo rate limits; and for other purposes. HB 1909. By: Representative Adams of the 79th: A BILL to amend an Act increasing the compensation of the chairman and other members of the board of commission ers of Upson County, so as to provide for the reimbursement of expenses of the chairman and other members of the board of commissioners; and for other pur poses. HB 1910. By: Representative Peters of the 2nd: A BILL to amend an Act creating the office of tax commissioner of Catoosa County, so as to change the amount pay able for clerical help in that office; and for other purposes. HB 1911. By: Representative Edwards of the 110th: A BILL to amend an Act abolishing the present mode of compensating the Ordinary of Taylor County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the provisions relative to the authority of the judge of the probate court to appoint certain personnel; and for other purposes. HB 1912. By: Representative Edwards of the 110th: A BILL to amend an Act abolishing the mode of compensating the Clerk of the Superior Court of Taylor County, known as the fee system, and providing in lieu thereof an annual salary, so as to change certain provisions relative to the authority of the clerk to appoint personnel; and for other purposes. HB 1937. By: Representatives Moore and Smith of the 152nd, and Moody and Byrd of the 138th: A BILL to provide for a referendum election in Pierce County at 2858 JOURNAL OF THE HOUSE, which the voters of the Pierce County School District shall be given several choices relating to the composition and selection of the board of education and relating to the appointment or election of the county school superintendent; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House: HR 699. By: Representatives Waddle of the 113th and Watson of the 114th: A RESOLU TION proposing an amendment to the Constitution so as to impose a local sales and use tax in Houston County and allocate the proceeds of the tax to the Houston County School System only if the power of said school system to levy ad valorem taxes is limited by another constitutional amendment; and for other purposes. HR 730. By: Representatives Harrison, Nix and Isakson of the 20th, Darden and Thomp son of the 19th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that a vacancy in the office of a justice of the peace in Cobb County shall not be filled until the next general election after the occurrence of the vacancy; and for other purposes. HR 780. By: Representatives Moody and Byrd of the 138th: A RESOLUTION proposing an amendment to the Constitution, so as to authorize a homestead exemption for residents of the City of Baxley in an amount to be fixed by the governing authority of the city at not more than $15,000.00 from all City of Baxley ad valorem taxes; and for other purposes. HR 787. By: Representative Jackson of the 75th: A RESOLUTION proposing an amend ment to the Constitution so as to provide that the Board of Commissioners of Walton County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations doing business in the unin corporated area of Walton County; and for other purposes. HR 813. By: Representatives Matthews of the 145th and Collins of the 144th: A RESOLU TION proposing an amendment to the Constitution so as to require the tax commissioner of Colquitt County to collect an additional fee of $1.00 for every motor vehicle license tag or annual renewal decal issued by such official and to require the revenue derived from the collection of such fee to be used to fund emergency medical services in Colquitt County; and for other purposes. HR 573. By: Representative Rainey of the 135th: A RESOLUTION proposing an amend ment to the Constitution so as to provide an additional homestead exemption of $2,000.00 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Crisp County School System for all residents of the Crisp County School District who are 65 years of age or over; and for other purposes. HR 625. By: Representatives Foster and Williams of the 6th and Ramsey of the 3rd: A RESOLUTION proposing an amendment to the Constitution so as to increase the amount of the homestead exemption of each resident of Whitfield County from $2,000.00 to $10,000.00 for the purposes of all Whitfield County taxes and taxes to pay interest on and retire bonded indebtedness; and for other purposes. HR 716. By: Representatives Burton of the 47th, Widener of the 44th, Davis of the 45th, Mangum of the 56th, Williams of the 48th and others: A RESOLUTION pro posing an amendment to the Constitution so as to provide for a homestead MARCH 24, 1982 2859 exemption for residents of the City of Doraville in an amount to be fixed by the governing authority of the city at not more than $50,000.00 from all ad valorem taxes levied and collected by the city; and for other purposes. HR 743. By: Representative Chance of the 129th: A RESOLUTION proposing an amend ment to the Constitution so as to provide an additional homestead exemption of $2,000.00 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Effingham County School System for all residents of the Effingham County School District who are 65 years of age or over; and for other purposes. HR 747. By: Representatives Dixon of the 151st and Crosby of the 150th: A RESOLU TION releasing and quit-claiming to the board of commissioners of Charlton County certain real property in Charlton County; and for other purposes. HR 746. By: Representatives Lane of the 81st and Godbee of the 82nd: A RESOLUTION proposing an amendment to the Constitution so as to provide that certain capi tal improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing establishments shall be exempt from certain county, municipal, and school district ad valorem taxes in Screven County; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House: HB 904. By: Representative Smyre of the 92nd: A BILL to amend an Act entitled the "Georgia Physical Therapy Act," so as to designate the powers of the board; to provide exceptions as to those individuals who must be licensed as physical therapists; to designate the requirements for licensure as a physical therapist assistant; and for other purposes. HB 1237. By: Representatives Jones of the 78th and Auten of the 154th: A BILL to amend Code Chapter 33-22 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, so as to make the provisions of said Chapter applicable to licensed resident local insurance agents under certain conditions; and for other purposes. HB 1243. By: Representative Murphy of the 18th: A BILL to amend an Act known as the "Act creating the Superior Court Judges Retirement System," so as to provide that certain senior judges may elect spouses benefits; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1321. By: Representative Childs of the 51st: A BILL to amend Code Section 47-4-103 of the Official Code of Georgia Annotated, relating to disability retirement ben efits under the Public School Employees Retirement System, so as to reduce the number of years of creditable service necessary to qualify for disability retirement benefits; and for other purposes. HB 1340. By: Representative Johnson of the 72nd: A BILL to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change the provisions rel ative to the determination of certain rates of interest; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1342. By: Representatives Cummings of the 17th, Childs of the 51st, Williams of the 6th, Clark of the 13th, Adams of the 14th, and others: A BILL to amend an 2860 JOURNAL OF THE HOUSE, Act establishing the Teachers' Retirement System, so as to provide that credit may be received under the Teachers' Retirement System for service rendered in schools operated by the Bureau of Indian Affairs of the United States Department of Interior; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1381. By: Representative Rainey of the 135th: A BILL to amend Title 27 of the Offi cial Code of Georgia Annotated, known as the "Game and Fish Code," so as to prohibit the use of any body-gripping trap of a size in excess of 9 V4 inches square except in and around the water; and for other purposes. HB 1488. By: Representative Greer of the 43rd: A BILL to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to empower the Authority, without the necessity for competitive bidding, to enter into lease agreements under Section 168(f)(8) of the Internal Revenue Code of 1954 con cerning qualified mass commuting vehicles as defined in said Code; and for other purposes. HB 1495. By: Representatives Coleman of the 118th and Veazey of the 146th: A BILL to amend an Act providing for the regulation of certain dealers in precious metals or gems, so as to change certain definitions; to provide for the administration of such Act by the appropriate law enforcement officer; to change the provisions relating to the registration of dealers in precious metals or gems; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1527. By: Representatives Crosby of the 150th and Dixon of the 151st: A BILL to amend an Act providing for the issuance of special license tags to motor vehicle owners who operate amateur radio stations, so as to provide for the amount of the additional fee required to obtain such special license plate; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1553. By: Representatives Swann of the 90th, Russell of the 64th, Phillips of the 125th, Savage of the 25th, Smith of the 42nd and others: A BILL to amend Code Chapter 88-19, relating to regulation of hospitals and related institutions, so as to include freestanding emergency care clinics and birthing centers within the meaning of the term "institution"; to clarify the department's authority to regulate ambulatory surgical treatment centers; to exclude the offices and treat ment rooms of dentists and physicians from the term "institution"; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1587. By: Representatives Vandiford of the 53rd, Colbert of the 23rd, Coleman of the 118th, Martin of the 60th, Shepard of the 67th, and others: A BILL to amend an Act relating to enforcement of fire safety standards and amending other pre vious Acts, so as to change the effective date of the Act; to change the effective date of corresponding provisions of the Official Code of Georgia Annotated; and for other purposes. HB 1618. By: Representatives Ware of the 68th, Marcus of the 26th, Castleberry of the lllth, Greer of the 43rd and Pilewicz of the 41st: A BILL to amend an Act relating to fair access to insurance requirements, so as to change the date upon which the Act will cease to be effective; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1630. By: Representative Watson of the 114th: A BILL to amend Code Section 93A-202a, relating to the qualifications and duties of the director of the Utility MARCH 24, 1982 2861 Finance Section, so as to change the qualifications of said director; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1631. By: Representative Bray of the 70th: A BILL to amend Code Section 24-2704, relating to vacancies in the office of clerk of the superior court, so as to provide that certain provisions relating to vacancies shall not apply to other county offi cers; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1736. By: Representative Hanner of the 130th: A BILL to amend an Act providing for indemnification with respect to the death of certain law enforcement offi cers, firemen, or prison guards who are killed or have been killed in the line of duty, so as to change the definition of the term "prison guard"; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1783. By: Representatives Snow of the 1st, Karrh of the 106th, Tuten of the 153rd, Daugherty of the 33rd, Bray of the 70th and others: A BILL to amend Code Chapter 90-2, relating to reports of the Supreme Court and the Court of Appeals, so as to delete certain requirements that the state publisher of court reports publish or maintain certain prior volumes of the reports of the Supreme Court of Georgia and reports of the Court of Appeals of Georgia; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1825. By: Representative Bray of the 70th: A BILL to amend certain laws of this state based upon classifications of population providing for boards of elections or boards of registration and elections, so as to change the provisions relative to population and census; and for other purposes. The Senate has agreed to the House amendment as amended by the Senate to the following Bill of the Senate: SB 522. By: Senator Barnes of the 33rd: A BILL to amend Code Section 81-1413, relating to continuances because of absence or illness of counsel, so as to provide that a postponement shall be given as a matter of right if counsel is in another court; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has agreed to the House amendment to the Senate substitute to the fol lowing Bill of the House: HB 610. By: Representatives Bolster of the 30th, Tuten of the 153rd, Wall of the 61st and others: A BILL to amend Code Title 24A, known as the "Juvenile Court Code of Georgia," so as to change the circumstances under which juvenile courts and superior courts have concurrent jurisdiction over delinquent acts which constitute certain crimes; to change the definition of the term "desig nated felony act"; and for other purposes. The Senate has agreed to the House substitute to the following Resolution of the Sen ate: SR 227. By: Senator Foster of the 50th: A RESOLUTION proposing an amendment to the Constitution so as to provide that unless the joint county and municipal sales and use tax is approved for imposition within Towns County prior to November 2862 JOURNAL OF THE HOUSE, 1, 1982, then on and after January 1, 1983, said sales and use tax shall be imposed within Towns County; and for other purposes. The Senate has agreed to the House substitute to the following Bills and Resolution of the Senate: SR 120. By: Senator Hill of the 29th: A RESOLUTION authorizing and empowering the State Properties Commission, acting in the best interests of the State of Geor gia, to convey certain State-owned real property located in the City of Warm Springs, Meriwether County, Georgia; and for other purposes. SB 312. By: Senator Horton of the 17th: A BILL to amend Code Chapter 56-3, relating to the general requirements for doing business as an insurer in this state, so as to require all insurance contracts and policies to be written in simplified and plain language; to provide for enforcement; to provide for remedies; and for other purposes. SB 417. By: Senator Greene of the 26th: A BILL to amend Code Section 88-1913, relating to reports of incidents of physical injury or injuries by other than acci dental means by certain personnel employed in certain medical facilities, so as to clarify that such reports shall be made to the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located; and for other purposes. SB 471. By: Senators Thompson of the 32nd and Barnes of the 33rd: A BILL to amend Code Section 5A-507, prohibiting sales of alcoholic beverages on Sundays and election days, so as to change certain population brackets; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. SB 430. By: Senator Bryant of the 3rd: A BILL to reincorporate the City of Guyton in the County of Effingham; to repeal and replace the heretofore existing charter of the City of Guyton and provide a new charter; to provide for the creation, incorporation, and powers; to provide for the governmental structure; and for other purposes. SB 558. By: Senator Kidd of the 25th: A BILL to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to pris ons, county correctional institutions, and prisoners, so as to provide an increase in compensation for uniformed officers employed by the Department of Offender Rehabilitation in correctional institutions; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. SB 579. By: Senator Deal of the 49th: A BILL to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offenders, so as to authorize the judge to place a defendant in confinement as a condition to being afforded first offender benefits; to provide for pardons, paroles, and earned-time allowances for those so confined; to provide for discharge and exon eration; and for other purposes. SB 604. By: Senators Greene of the 26th, Fincher of the 54th, Brantley of the 56th and others: A BILL to amend Code Chapter 84-9, relating to the Composite State Board of Medical Examiners, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and those laws; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. MARCH 24, 1982 2863 SB 652. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to amend an Act placing the Tax Commissioner of Glynn County on an annual salary, so as to change the provisions relating to the compensation of the tax commissioner; to change the provisions relating to the personnel of the office of tax commis sioner; and for other purposes. SB 660. By: Senators Foster of the 50th, Starr of the 44th, Tate of the 38th and others: A BILL to amend Chapter 7 of Title 20, relating to the Georgia Educational Improvement Council, so as to change the name of said agency to the Legisla tive Educational Research Council; and for other purposes. SB 685. By: Senator Kidd of the 25th: A BILL to amend Chapter 3 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Municipal Election Code, so as to change the provisions relating to the filing of the certified list of qualified voters with the city clerk; to change the procedures for voting by absentee ballot; and for other purposes. SB 689. By: Senator Kidd of the 25th: A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Election Code, so as to provide for the appointment, compensation, and duties of chief deputy regis trars; to provide for each applicant to complete two registration cards and for the registrar to forward one to the registrar of the municipality; to change the procedures for voting by absentee ballot; and for other purposes. The Senate has agreed to the House amendment to the following Bills of the Senate: SB 165. By: Senator Tate of the 38th: A BILL to amend an Act fixing the compensation of the board of commissioners of counties having a population in excess of 500,000 according to the U.S. decennial census of 1970, so as to change the pro visions relative to population; to change the maximum amount of compensation; and for other purposes. SB 601. By: Senators Dean of the 31st, McKenzie of the 14th and Bell of the 5th: A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a Georgia Commission on State Growth Policy; and for other purposes. SB 701. By: Senators Greene of the 26th and Ballard of the 45th: A BILL to amend Code Section 27-401, relating to persons who may hold courts of inquiry generally, so as to provide that judges of probate courts who are licensed attorneys at law may hold courts of inquiry; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has adopted the report of the Committee of Conference on the following Bill and Resolution of the House: HB 55. By: Representatives Greer of the 43rd and Adams of the 36th: A BILL to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965," to give the Authority the power to enter into contracts to acquire prop erty from or dispose of property to the United States of America, the State of Georgia, other states of the U.S., and political subdivisions thereof; and for other purposes. HR 510. By: Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 21st and Lee of the 72nd: A RESOLUTION to amend Resolution Act No. 1 (House 2864 JOURNAL OF THE HOUSE, Resolution No. 4), adopted at the 1981 Extraordinary Session of the General Assembly, which resolution proposes a new Constitution for the State of Geor gia to be presented to the people for ratification or rejection at the general elec tion in 1982, so as to make a technical change regarding the pardon or parole of persons convicted of armed robbery and delete certain references to earned time; and for other purposes. The Senate has agreed to the House amendment to the following Bill of the Senate: SB 642. By: Senators Cobb of the 28th, Deal of the 49th, Bowen of the 13th and others: A BILL to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures with respect to controlled substances, so as to pro vide that money and currency which is forfeited or which is realized from the sale or disposition of forfeited property and paid into the county treasury shall only be expended by the county for law enforcement purposes; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto: HB 1700. By: Representatives Johnson, Wood, Benefield and Lee of the 72nd: A BILL to amend Code Title 91A, relating to public revenue, so as to change the amount of deductions by county tax officials from school taxes in certain counties; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. The following Senate amendment was read: Amend HB 1700 by striking from line 24 of page 2 the following: "one and one-half, and inserting in lieu thereof the following: "1.60", by striking from line 17 of page 4 the following: "1 W, and inserting in lieu thereof the following: "1.60". Representative Johnson of the 72nd moved that the House agree to the Senate amendment to HB 1700. On the motion, the ayes were 103, nays 0. The motion prevailed. The following Resolution of the House was read and adopted: HR 901. By: Representative McCollum of the 134th: A RESOLUTION recognizing Doug Rankin, Raymond Brooks, Lisa Garrett, Lyn Duke, Bill Turoski, and Prakash Parmar; and for other purposes. MARCH 24, 1982 2865 Representative Lambert of the 112th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate: SB 478. By: Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A BILL to amend Code Section 42-2-9 of the Official Code of Georgia Annotated, relating to the selection of employees of the Department of Offender Rehabili tation, so as to provide that the commissioner shall have the authority to direct that certain personnel of the department submit to polygraph examinations in connection with internal investigations being conducted by the department; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G N Adams,J Y Adams.M N Aiken Y Anderson Argo Y Auten N Balkcom Y Bargeron N Baugh YBeal YBeck Y Benefield YBenn N Birdsong Y Bishop N Bolster Y Branch NBray Y Brooks YBuck Burruss Y Burton NByrd Cason Y Castleberry Chamberlin Y Chambless N Chance N Cheeks N Childers N Childs Clark.B Y Clark,L N Colbert Coleman Y Collins Colwell Connell N Couch YCox N Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis.B N Davis.J Y Davis.L Dean Dent Y Dixon Dobbs N Dover N Edwards N Elliott Y Evans Y Felton Fortune Y Foster Y Fuller.C Galer Y Ginsberg Glover Y Godbee Greer NHam Hamilton Y Manner Y Harris Y Harrison Y Hasty Hawkins YHays Hill Y Holmes N Hooks Y Home N Hutchinson Irvin Y Isakson N Jackson,J Y Jackson.N N Jackson, W Y Jessup N Johnson,G Y Johnson.R N Jones.B Jones.H Karrh YKemp N Kilgore Y Lambert Lane.D N Lane,R N Lawson Lee Y Logan YLong NLord NLowe Y Lucas Y Mangum NMann Y Marcus N Martin On the motion, the ayes were 80, nays 62. The motion prevailed. N Matthews McCollum McDonald McKinney N Miles Y Milford N Montgomery N Moody N Moore Y Mostiler Y Mullinax N Nicholson YNix N Oliver N Padgett N Parham Y Patten N Perry Y Peters Phillips.B Y Phillips.L.L N Phillips.R.T N Phillips.W.R N Pilewicz Pinkston Rainey Y Ralston Y Ramsey Y Randall N Reaves Y Richardson Robinson N Rose NRoss N Rowland Y Russell Y Savage N Scott,A Y Scott,D N Shepard N Sherrod N Sizemore Smith.T Smith,V Y Smyre Y Snow N Steinberg Y Swann N Thomas N Thompson Y Townsend N Triplett N Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker N Wall Y Ware Watson White Y Widener Y Williams.B.J Williams.H Y Williams.R Y Wilson Y Wood,J N Wood,J.T N Workman Speaker Murphy Due to a mechanical defect, the vote of Representative Dean of the 29th was not recorded on the preceding roll call. He wished to vote "aye" thereon. Representative Dean of the 29th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate: SB 513. By: Senators Reynolds of the 48th, Turner of the 8th, Lester of the 23rd and oth ers: A BILL to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to erection and control of outdoor advertis ing in areas adjacent to highway rights of way, so as to repeal the provision relating to the Outdoor Advertising Citizens Advisory Council; to revise the pro visions relating to trimming trees and vegetation; and for other purposes. 2866 JOURNAL OF THE HOUSE, On the motion, the roll call was ordered and the vote was as follows: Aaron N Adams.G N Adams,J N Adams.M N Aiken Y Anderson Argo Y Auten N Balkcom Y Bargeron Baugh YBeal NBeck N Benefield NBenn Y Birdsong Y Bishop N Bolster N Branch NBray N Brooks YBuck N Burruss N Burton NByrd Cason Castleberry Chamberlin N Chambless N Chance Y Cheeks N Childers N Childs Clark,B N Clark.L N Colbert Y Coleman Y Collins N Colwell Connell N Couch N Cox Y Crawford Crosby N Culpepper Y Cummings N Darden Daugherty N Davis.B N Davis,J N Davis.L YDean YDent Y Dixon Dobbs N Dover Y Edwards N Elliott N Evans N Felton Y Fortune N Foster N Fuller.C N Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Y Banner N Harris N Harrison N Hasty Hawkins NHays NHill N Holmes N Hooks Y Home N Hutchinson N Irvin N Isakson N Jackson,J N Jackson.N N Jackson.W Jessup N Johnson.G N Johnson,R Y Jones,B Y Jones.H Karrh NKemp N Kilgore N Lambert Lane,D Y Lane.R N Lawson NLee N Logan NLong NLord N Lowe Y Lucas N Mangum NMann N Marcus Y Martin N Matthews McCollum McDonald Y McKinney Y Miles N Milford Y Montgomery Moody N Moore Mostiler N Mullinax Y Nicholson NNix Y Oliver N Padgett N Parham Y Patten N Perry Peters Y Phillips.B N Phillips.L.L Y Phillips.R.T N Phillips.W.R N Pilewicz Pinkston Rainey N Ralston N Ramsey Y Randall N Reaves N Richardson Robinson NRose NRoss Rowland Y Russell N Savage Y Scott.A Y Scott.D Y Shepard N Sherrod N Sizemore Smith.T Smith.V Y Smyre NSnow N Steinberg Y Swann N Thomas N Thompson N Townsend Y Triplet! Y Tuten N Twiggs Y Vandiford N Vaughn Y Veazey Waddle Y Walker Y Wall N Ware Watson White N Widener N Williams.B.J Williams.H N Williams.R N Wilson N Wood,J N Wood.J.T N Workman Speaker Murphy On the motion, the ayes were 48, nays 98. The motion was lost. Representative Perry of the 146th stated that he had inadvertently voted "nay" on the preceding roll call but had intended to vote "aye" thereon. Representative Wood of the 9th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate: SB 608. By: Senator Barnes of the 33rd: A BILL to amend Code Title 105, relating to torts, so as to provide that the operator of a motor vehicle owes to passengers therein a duty of ordinary care; to amend the Official Code of Georgia Anno tated accordingly; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G N Adams,J N Adams.M N Aiken N Anderson N Argo Y Auten N Balkcom Y Bargeron Baugh NBeal NBeck N Benefield NBenn Birdsong Bishop Y Bolster Y Branch NBray N Brooks YBuck N Burruss N Burton NByrd Y Cason Y Castleberry N Chamberlin Y Chambless Chance N Cheeks Y Childers N Childs Clark.B Y Clark.L N Colbert N Coleman N Collins Colwell Connell N Couch YCox Y Crawford Crosby N Culpepper Y Cummings N Darden Daugherty N Davis.B N Davis.J N Davis.L N Dean YDent N Dixon Dobbs Y Dover Y Edwards N Elliott N Evans N Felton Y Fortune N Foster N Fuller.C Y Galer N Ginsberg Glover N Godbee Y Greer N Ham Hamilton Y Banner N Harris N Harrison Y Hasty Hawkins Y Hays Hill N Holmes Y Hooks N Home Y Hutchinson Irvin N Isakson Y JacksonJ N Jackson,N N Jackson, W Y Jessup N Johnson.G N Johnson.R Jones.B N Jones.H N Karrh N Kemp Y Kilgore Lambert Y Lane.D N Lane,R N Lawson N Lee Y Logan YLong N Lord N Lowe Lucas N Mangum NMann N Marcus N Martin MARCH 24, 1982 Y Matthews McCollum McDonald N McKinney N Miles N Milford Y Montgomery N Moody N Moore N Mostiler Y Mullinax N Nicholson N Nix N Oliver Y Padgett Parham N Patten N Perry N Peters N Phillips,B Y Phillips.L.L N Phillips,R.T N Phillips.W.R N Pilewicz N Pinkston Rainey N Ralston N Ramsey Randall N Reaves N Richardson Robinson Y Rose N Ross N Rowland Y Russell N Savage Scott,A N Scott,D Y Shepard N Sherrod N Sizemore Smith.T Smith.V Y Smyre N Snow N Steinberg N Swann 2867 N Thomas N Thompson Y Townsend N Triplett N Tuten Twiggs N Vandiford N Vaughn Y Veazey Waddle N Walker N Wall Y Ware Watson White Y Widener Y Williams.BJ Williams.H Williams,R N Wilson N Wood,J Y Wood,J.T N Workman Speaker Murphy On the motion, the ayes were 46, nays 99. The motion was lost. Representative McKinney of the 35th arose to a point of personal privilege and addressed the House. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House: HB 1497. By: Representatives Childs of the 51st, Williams of the 54th, Robinson of the 58th, Workman of the 56th, Clark of the 55th and others: A BILL to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services; to provide for special service tax districts within DeKalb County; to provide for a district ser vices ad valorem tax; and for other purposes. HB 1839. By: Representative Parham of the 109th: A BILL to amend an Act providing for the compensation of members of the board of county commissioners in each county having a population of not less than 8,335 and not more than 8,725 according to the United States decennial census of 1970 or any future such cen sus, so as to change the provisions relative to population; and for other pur poses. HB 1920. By: Representatives Tuten of the 153rd and Auten of the 154th: A BILL to amend an Act creating the State Court of Glynn County, so as to change the compensation of certain officers and personnel of the court; and for other pur poses. HB 1957. By: Representatives Fortune and Mostiler of the 71st: A BILL to create the Spalding County Water and Sewerage Facilities Authority, to authorize such 2868 JOURNAL OF THE HOUSE, Authority to acquire, construct, equip, operate, maintain, own and improve selfliquidating projects embracing sources of water supply, the treatment, distribu tion and sale of water and related facilities to individuals, private concerns, municipal corporations and governmental units, the collection, treatment and disposal of sewage waste and storm water, and any related facilities; and for other purposes. HB 1144. By: Representative Harris of the 8th: A BILL to provide supplementary appro priations for the fiscal year ending June 30, 1982; to confer certain responsibili ties upon the Office of Planning and Budget; and for other purposes. HB 723. By: Representatives Davis of the 124th, Darden of the 19th, Fuller of the 16th, McCollum of the 134th, Miles of the 107th and others: A BILL to amend Code Chapter 27-9, relating to bail, surrender of principal, and forfeiture of bond, so as to change the provisions relating to bail; to prohibit bail under certain cir cumstances; and for other purposes. The Senate insists on its substitute to the following Bill of the House: HB 1261. By: Representatives Parham of the 109th and Baugh of the 108th: A BILL to amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, so as to continue the State Board of Pharmacy and the laws relating thereto but to pro vide for the later termination of the board and the laws relating thereto; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 1906. By: Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th: A BILL to amend the "Georgia Alcoholic Beverage Code," Code Title 5A, so as to permit the governing authorities of certain counties and municipalities to authorize the sale of alcoholic beverages for consumption on the premises on Sundays if approved at a referendum; and for other purposes. HB 1437. By: Representative Ham of the 80th: A BILL to amend Code Section 5A-5511, relating to small domestic wineries, so as to change the amount of wine which may be produced by wineries selling at retail on their premises; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1502. By: Representative Johnson of the 72nd: A BILL to amend Code Section 28-5-42 of the Official Code of Georgia Annotated, relating to the introduction of retire ment bills and bills having a significant impact upon anticipated revenue or expenditure levels and fiscal notes, so as to change the provisions relating to the content of fiscal notes; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was again taken up for consideration: SB 4. By: Senators Hudgins of the 15th and Littlefield of the 6th: A BILL to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to change the provi sions regarding creation of juvenile courts; to provide for judges; to provide for their election, compensation, terms of office and appointment; and for other purposes. MARCH 24, 1982 2869 The following Committee substitute was read: A BILL To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to the creation of juvenile courts; to change the provisions relating to the termination of juvenile courts; to provide for the compensation of juvenile judges; to prohibit certain juvenile judges from practicing law; to provide for administrative procedures; to provide for pension rights of certain judges; to provide for qualifications for referees; to provide an effective date; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety Code Section 15-11-3, which reads as follows: "15-11-3. (a) Except as provided in paragraph (2) of subsection (b) of this Code section, in counties having populations of 50,000 or more according to the United States decennial census of 1970 or any future such census, juvenile courts are created and established with original jurisdiction in all cases coming within the terms of this chapter. (b) (1) In any county having a population of less than 50,000 according to the United States decennial census of 1970 or any future such census, upon recommenda tion of two successive grand juries, a juvenile court shall be created and the judge of the superior court shall appoint a judge thereof, in accordance with this chapter. It shall thereupon be considered that a juvenile court has been established in the county. The powers, authority, jurisdiction, and procedure of court shall be the same as those of juvenile courts established under this chapter. (2) In all counties having populations of less than 50,000 according to the United States decennial census of 1970 or any future such census, wherein a juvenile court has not been established, and in Richmond County and such other counties of more than 50,000 population as may be provided by local Act, a judge of the superior court shall sit as the juvenile court judge and hear all cases coming within this chapter. Such hearing shall be conducted in accordance with the provisions set forth in this chapter. In any such court the clerk of the superior court shall exercise the functions of clerk of the juvenile court, subject to the direction of the judge. (3) Whenever any juvenile court has been established by appropriate action of two successive grand juries in any county having a population of less than 50,000 pursuant to this chapter, the existence of the juvenile court shall be terminated if two succes sive grand juries of the county thereafter adopt a resolution providing for the termina tion and the resolution is concurred in by the judge of the superior court of the county. Thereafter, the judge of the superior court of the county shall sit as the juve nile court judge of such county pursuant to this chapter. Action taken under this par agraph by the grand jury and the superior court judge shall not prevent the reestablishment thereafter of a juvenile court in the county by action taken by two successive grand juries as provided for in paragraph (1) of this subsection. (c) Except as provided in this chapter, the judge or a majority of the judges of the superior court circuit presiding over the county wherein a juvenile court is established by this chapter shall appoint the judge or judges of the juvenile court for a term of six years and shall fix his or their compensation except in those counties wherein the salary of the judge is fixed by legislative Act. The salary of the juvenile court judge shall be paid out of county funds. The governing authority of the county in which the court is located, at any meeting, may provide for the reimbursement to the judge of the juvenile court for expenses incurred while on court business outside the jurisdiction of the court. (d) No person shall be judge of the juvenile court unless, at the time of his appoint ment, he has attained the age of 30 years, has been a citizen of the state for three years, and has practiced law for three years. A juvenile court judge shall be eligible for reappointment. 2870 JOURNAL OF THE HOUSE, (e) In the event that more than one juvenile court judge is appointed, one shall be designated presiding judge. (f) It shall be unlawful for the judge of any juvenile court to engage directly or indi rectly in the practice of law in his own name or in the name of another as a partner or in any manner in any case, proceeding, or matter of any kind in his own court or in any other court in any case, proceeding, or any other matters of which his own court has pending jurisdiction or has had jurisdiction. It shall be unlawful for any juvenile court judge to give advice or counsel to any person on any matter of any kind whatso ever which has arisen directly or indirectly in his own court, except such advice or coun sel as he is called upon to give while performing his duties as juvenile court judge. (g) In any case in which action under this Code section is to be taken by the judge of the superior court of a county, such action shall be taken by a majority vote of the judges of the superior court of the judicial circuit encompassing the county where there are more than two superior court judges. Where there are two superior court judges of a county or judicial circuit encompassing a county, any action under this Code section shall be taken by the chief judge of the superior court circuit", and inserting in lieu thereof a new Code Section 15-11-3 to read as follows: "15-11-3. (a) There is created a juvenile court in every county in the state. (b) The judge or a majority of the judges of the superior court in each circuit in the state may appoint one or more qualified persons as judge of the juvenile courts of the circuit. Each judge appointed will have the authority to act as judge of each juvenile court in the circuit. If no person is appointed a juvenile judge for the circuit, then the superior court judge or judges of the circuit shall assume the duties of the juvenile judge as part of the duties of the superior court judge. However, in any circuit where a supe rior court judge assumes the duties of the juvenile judge, such circuit shall not be enti tled to the state funds provided for in subsection (d) of this Code section. (c) Any juvenile judge in office shall be authorized to fulfill his term of office. The jurisdiction of each judge shall be circuit-wide. (d) (1) Each juvenile judge appointed under this chapter shall serve for a term of years equal to that of the superior court judges of the circuit. Except as otherwise pro vided by law, the compensation of the juvenile judge shall be set by the judge or judges of the superior court. The state, out of funds appropriated to the judicial branch of government, shall contribute toward the salary of the judges on a per circuit basis in the following amounts: (A) Circuits with a population of 400,000 or more accord ing to the United States decennial census of 1980 or any future such cen sus ..........................................................$ 35,000.00 (B) Circuits with a population of 150,000 or more but less than 400,000 according to the United States decennial census of 1980 or any future such cen8US..............................................................25.000.00 (C) Circuits with a population of 100,000 or more but less than 150,000 according to the United States decennial census of 1980 or any future such cen8US..............................................................15.000.00 (D) Circuits with a population of 70,000 or more but less than 100,000 according to the United States decennial census of 1980 or any future such cen- MARCH 24, 1982 2871 (E) Circuits with a population of less than 70,000 accord ing to the United States decennial census of 1980 or any future such cen- (2) The remaining amount of the salary of the juvenile judge provided for herein shall be paid by the counties comprising the judicial circuit in the ratio which the population of the county bears to the total population of the counties comprising said circuit as shown by the latest official decennial census. (3) Each juvenile judge appointed in a circuit with a population of 150,000 or more according to the United States decennial census of 1980 or any future such census shall be prohibited from practicing law, with the exception of carrying out his duties as judge or in defending against any action brought against him. (e) No person shall be judge of the juvenile court unless, at the time of his appoint ment, he has attained the age of 30 years, has been a citizen of the state for three years, and has practiced law for three years. A juvenile court judge shall be eligible for reappointment. (0 In the event that more than one juvenile court judge is appointed, one shall be designated presiding judge. (g) It shall be unlawful for the judge of any juvenile court to engage directly or indi rectly in the practice of law in his own name or in the name of another as a partner or in any manner in any case, proceeding, or matter of any kind in his own court or in any other court in any case, proceeding, or any other matters of which his own court has pending jurisdiction or has had jurisdiction. It shall be unlawful for any juvenile court judge to give advice or counsel to any person on any matter of any kind whatso ever which has arisen directly or indirectly in his own court, except such advice or coun sel as he is called upon to give while performing his duties as juvenile court judge. (h) In any case in which action under this Code section is to be taken by the judge of the superior court of a county, such action shall be taken by a majority vote of the judges of the superior court of the judicial circuit encompassing the county where there are more than two superior court judges. Where there are two superior court judges of a county or judicial circuit encompassing a county, any action under this Code section shall be taken by the chief judge of the superior court circuit. (i) Each juvenile court created under this chapter shall be assigned and attached to the superior court of the county for administrative purposes. All expenditures of the court are declared to be an expense of the court and payable out of the county treasury as such. (j) Any judge appointed pursuant to this chapter who, within 90 days prior to such appointment, was a judge of the juvenile court of a county with a pension plan created by local legislation, and was a contributing member thereof shall have the option of con tinuing as a member with county contributions and benefits as other members by notify ing the offices of said pension plan and the office of the Trial Judges and Solicitors Retirement Fund of the state of such election in writing within 30 days after his appointment. Thereupon the judge shall continue as a member of the local pension plan without interruption of credited service; and the judge shall have deducted thereafter from the total salary paid by the state and county for the judge's services in percentage amounts as is provided for members' contributions, which amounts shall be paid into the pension plan created by local legislation. Nothing in this Code section shall be con strued as prohibiting a judge from becoming a member of the Trial Judges and Solici tors Retirement Fund of the state as a juvenile court judge at such time as he withdraws further contributions to the pension plan created by local legislation and so notifies the office of the Trial Judges and Solicitors Retirement Fund of the state in writing." Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 15-11-10 and inserting in lieu thereof a new subsection (a) to read as fol lows: 2872 JOURNAL OF THE HOUSE, "(a) The judge may appoint one or more persons to serve as referee in juvenile mat ters on a full or part-time basis. The referee shall serve at the pleasure of the judge, and his salary shall be fixed by the judge with the approval of the governing authority or governing authorities of the county or counties for which he is appointed; from county funds. The salary of each referee shall be paid from county funds. A referee shall be training and experience. A referee shall be a member of the State Bar of Georgia or shall be a graduate of a law school; provided, however, that any person serving as a referee on July Ij 1983, shall be qualified for appointment thereafter to serve as a referee." Section 3. This Act shall become effective July 1, 1983. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Burruss of the 21st moved that debate be limited to five minutes per speaker. The motion prevailed. The following amendments were read and adopted: Representative Evans of the 84th moves to amend the Committee substitute to SB 4 by adding after the word "Court" on line 9, page 5 the following: "with the approval of the governing authority or governing authorities of the county or counties for which he is appointed." By striking the words "as such" on lines 21 and 22, page 7 and inserting in lieu thereof the following: "with the approval of the governing authority or governing authorities of the county or counties for which he is appointed." Representative Culpepper of the 98th moves to amend the Committee substitute to SB 4 by adding between lines 7 and 8 on page 6 the following: "No state funds shall be available for the above contributions toward the salary of the judges on a per circuit basis until the General Assembly has appropriated funds for that specific purpose." Representative Culpepper of the 98th moves to amend the Committee substitute to SB 4 by striking the figure "150,000" on line 16, page 6, and substituting the figure "160,000." Representatives Kilgore of the 65th and Dover of the llth move to amend the Com mittee substitute to SB 4 by inserting on line 30 of page 4 after the word "judge" and before the word "as" the following: "in all counties in the circuit in which a separate juvenile court judgeship had not been established". By inserting at the end of line 30 of page 4 a new sentence to read as follows: "All juvenile court judgeships, their methods of compensation, selection, and opera tion, established on or before July 1, 1983, shall continue until such time as a circuitwide juvenile court judge is appointed or until terminated by two successive recommendations of the grand juries of the county with the concurrence of the judge or judges of the superior court of the circuit." MARCH 24, 1982 2873 By striking from line 1 of page 5 the word "Any" and inserting in lieu thereof the following: "When a circuit-wide juvenile court judge is appointed, any". By inserting on line 1 of page 5 after the word "office" and before the word "shall" the following: "at that time". The following amendment, offered by Representative Thomas of the 66th, was read and lost: Representative Thomas of the 66th moves to amend the Committee substitute to SB 4 by striking from line 5 and line 6 of page 5 the following: "years equal to that of the superior court judges of the circuit.", and inserting in lieu thereof the following: "three years." The following amendment was read and adopted: Representative Childers of the 15th, Adams of the 14th, and Montgomery of the 16th move to amend the Committee substitute to SB 4 by changing the period on line 25, page 4, to a comma and inserting the words "unless otherwise provided by a local Act." By changing the period on line 23, page 3 to a comma and inserting the words "unless otherwise provided by a local Act." The following amendment was read: Representatives Pinkston of the 100th and Ramsey of the 3rd move to amend the Committee substitute to SB 4 by adding in the title at the end of line 9 of page 1 the following: "to provide that the court may suspend the driver's license of a child who commits a delinquent act or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for a certain period of time; to provide for procedures in connection therewith;". By renumbering Sections 3 and 4 on page 9 as Sections 4 and 5, respectively, and by inserting immediately prior to such sections a new Section 3 to read as follows: "Section 3. Said chapter is further amended by striking Code Section 15-11-35 in its entirety and inserting in lieu thereof a new Code Section 15-11-35 to read as follows: '15-11-35. (a) At the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent act and is subsequently determined to be in need of treatment or rehabilitation, the court may make any of the following orders of disposi tion best suited to his treatment, rehabilitation, and welfare: (1) Any order authorized by Code Section 15-11-34 for the disposition of a deprived child; (2) An order placing the child on probation under conditions and limitations the court prescribes, under the supervision of: (A) The probation officer of the court or the court of another state as pro vided in Code Section 15-11-46; (B) Any public agency authorized by law to receive and provide care for the child; or 2874 JOURNAL OF THE HOUSE, (C) The chief executive officer of any community rehabilitation center acknowledging in writing his willingness to accept the responsibility for the super vision of the child; (3) An order placing the child in an institution, camp, or other facility for delin quent children operated under the direction of the court or other local public authority; or (4) An order committing the child to the Department of Human Resources. (b) At the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, m the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for the period of suspension and return it to the offender at the end o_f such pperiod. The court shall notify t_h_e Department of Public Safety; of any such actions taken pursuant to this subsection.'" On the adoption of the amendment, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Argo Y Auten Y Balkcom Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Birdsong Bishop Y Bolster Y Branch YBray N Brooks YBuck N Burruss Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless N Chance Y Cheeks Y Childers N Childs Clark.B Y Clark.L Y Colbert Y Coleman N Collins Y Colwell Connell Y Couch YCox Y Crawford N Crosby Y Culpepper Y Cummings Darden Y Daugherty Y Davis.B Y Davis.J Y Davis.L YDean Dent Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Manner Harris Harrison Y Hasty Hawkins NHays Hill Y Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson.N Y Jackson.W Y Jessup Y Johnson,G Y Johnson.R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee N Logan YLong YLord YLowe Y Lucas Y Mangum Y Mann Y Marcus N Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Peters Y Phillips.B Phillips.L.L Y Phillips.RT N Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Robinson NRose Ross Y Rowland Y Russell On the adoption of the amendment, the ayes were 127, nays 16. The amendment was adopted. Y Savage N Scott.A Scott.D Y Shepard Y Sherrod Y Sizemore Smith.T Smith.V N Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend N Triplett Tuten N Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.B.J N Williams.H Y Williams.R Y Wilson Y Wood.J Y Wood.J.T Workman Speaker Murphy The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. MARCH 24, 1982 2875 On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G Y Adams,J N Adams.M Y Aiken Y Anderson Argo N Auten N Balkcom N Bargeron N Baugh YBeal NBeck Y Benefield YBenn N Birdsong Bishop Y Bolster N Branch YBray N Brooks N Buck N Burruss Y Burton NByrd N Cason N Castleberry N Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B N Clark.L Y Colbert N Coleman N Collins N Colwell Connell Couch N Cox N Crawford N Crosby Y Culpepper N Cummings Y Darden Y Daugherty Y Davis.B Davis,J Y Davis.L Dean Dent Y Dixon Y Dobbs Y Dover N Edwards Y Elliott Y Evans Y Felton Y Fortune N Foster Y Fuller.C N Galer Y Ginsberg Y Glover Y Godbee Greer YHam Hamilton N Manner Y Harris Y Harrison Y Hasty Hawkins NHays NHill Y Holmes Y Hooks Home N Hutchinson Irvin Y Isakson N Jackson,J Jackson.N N Jackson.W N Jessup N Johnson,G N Johnson,R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Lane.D N Lane.R N Lawson YLee Y Logan N Long NLord YLowe Y Lucas Y Mangum N Mann Y Marcus Y Martin Y Matthews Y McCollum N McDonald Y McKinney Y Miles N Milford Y Montgomery Y Moody N Moore Y Mostiler N Mullinax Y Nicholson YNix N Oliver Y Padgett N Parham N Patten N Perry N Peters Y Phillips.B N Phillips,L.L Y Phillips.R.T N Phillips,W.R Y Pilewicz Y Pinkston N Rainey N Ralston Y Ramsey Randall N Reaves Y Richardson Y Robinson N Rose Ross Y Rowland N Russell Y Savage N Scott,A Scott.D Y Shepard N Sherrod N Sizemore Smith.T Smith.V N Smyre Y Snow Y Steinberg Y Swann N Thomas Y Thompson Townsend Y Triplett Tuten N Twiggs Y Vandiford Y Vaughn N Veazey Y Waddle Y Walker Y Wall N Ware N Watson White Y Widener Y Williams.B.J Y Williams.H N Williams.R N Wilson Y Wood,J N Wood.J.T Y Workman Speaker Murphy On the passage of the Bill, by substitute, as amended, the ayes were 86, nays 69. The Bill, by substitute, as amended, having failed to receive the requisite constitu tional majority, was lost. Representative Culpepper of the 98th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to SB 4, by substitute, as amended. The Speaker ruled that the proper time was the present. Representative Culpepper of the 98th moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 4, by substitute, as amended. 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 YArgo Y Auten N Balkcom N Bargeron Y Baugh YBeal NBeck Y Benefield Y Benn Y Birdsong Bishop Y Bolster N Branch YBray Y Brooks YBuck Y Burruss Y Burton N Byrd Y Cason N Castleberry N Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B N Clark.L Y Colbert N Coleman N Collins N Colwell Connell Y Couch NCox N Crawford N Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Y Davis.B DavisJ Y Davis.L YDean Y Dent N Dixon Y Dobbs Y Dover N Edwards N Elliott Y Evans Y Felton 2876 JOURNAL OF THE HOUSE, Y Fortune N Foster Y Fuller.C Y Galer Y Ginsberg Y Glover Y Godbee N Greer YHam Y Hamilton N Hanner Y Harris Y Harrison Y Hasty Hawkins NHays YHill Y Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson N Jackson,J Y Jackson.N N Jackson, W N Jessup N Johnson.G N Johnson.R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane.D N Lane,R Y Lawson YLee Y Logan N Long NLord YLowe Y Lucas Y Mangum N Mann Y Marcus Y Martin Y Matthews Y McCollum N McDonald Y McKinney Y Miles N Milford Y Montgomery Y Moody Y Moore Y Mostiler N Mullinax Y Nicholson N Nix N Oliver Y Padgett Y Parham N Patten N Perry N Peters Y Phillips.B N Phillips.L.L Y Phillips.R.T N Phillips,W.R Y Pilewicz Y Pinkston N Rainey Ralston Y Ramsey Randall N Reaves Y Richardson Y Robinson NRose Boss Y Rowland N Russell Y Savage N Scott,A Scott,D N Shepard N Sherrod N Sizemore Smith.T Smith.V Y Smyre Y Snow Y Steinberg Y Swann N Thomas Y Thompson Townsend Y Triplett Tuten N Twiggs Y Vandiford Y Vaughn N Veazey Y Waddle Y Walker Y Wall N Ware Y Watson White Y Widener Y Williams.B.J Y Williams.H N Williams.R N Wilson Y Wood,J N Wood,J.T Y Workman Speaker Murphy On the motion, the ayes were 109, nays 55. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was takn up for consideration and read the third time: SB 764. By: Senator Coverdell of the 40th: A BILL to amend Code Chapter 15-3, relating to jurisdiction over certain land ceded to or acquired by the United States, so as to consent to the cession of concurrent jurisdiction to the United States over lands within the boundaries of the State of Georgia that are owned by the United States or over which such jurisdiction is necessary for the effective administration and management of the lands owned by the United States; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Argo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Branch Bray Y Brooks Y Buck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Y Clark.L Y Colbert Y Coleman Collins Y Colwell Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Cummings Y Darden Y Daugherty Davis,B Y Davis.J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Evans Felton Y Fortune Foster Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer Y Ham Y Hamilton Y Hanner Harris Y Harrison Y Hasty Hawkins YHays YHill Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N Jackson.W Y Jessup Y Johnson,G Y Johnson,R Y Jones.B Y Jones.H Y Karrh Y Kemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan Long YLord YLowe Y Lucas Y Mangum Y Mann Y Marcus Y Martin Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery MARCH 24, 1982 2877 Y Moody Moore Y Mostiler Y Mullinax Y Nicholson Y Nix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T Y Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson Y Rose Ross Y Rowland Y Russell Y Savage Y Scott.A Scott.D Y Shepard Y Sherrod Sizemore Smith.T Smith, V Y Smyre Y Snow Y Steinberg Y Swann Thomas Y Thompson Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Walker Y Wall Y Ware Watson 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, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 778. By: Representatives Dixon of the 151st, Murphy of the 18th, Crosby of the 150th, Lee of the 72nd, and Walker of the 115th: A RESOLUTION urging members of the congressional budget committees to reject any reorganization of the railroad retirement system provided for in the 1983 federal budget; and for other purposes. The following Resolution of the House was read and adopted: HR 902. By: Representatives Darden, Wilson, and Thompson of the 19th, Isakson of the 20th and others: A RESOLUTION recognizing and commending the mayor and members of the council for the City of Acworth and the members of the board of the Acworth Downtown Development Authority; and for other purposes. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 1224. By: Representatives Thomas of the 66th, Ware of the 68th, Pilewicz of the 41st, Lawson of the 9th, Davis of the 45th, Williams of the 48th and others: A BILL to amend Code Chapter 26-12, relating to abortions, so as to prohibit criminal foeticide; to provide that certain acts of foeticide shall constitute the crimes of murder, voluntary manslaughter, and involuntary manslaughter; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 856. By: Representatives Chamberlin of the 73rd,. Vandiford of the 53rd, Branch of the 137th, Moody of the 138th, Hutchinson of the 133rd and others: A BILL to provide that posters or framed copies representing our national motto and American flag shall be displayed in each public elementary and secondary school library and classroom in this state and in each public building or facility in this state which is maintained or operated by state funds; and for other pur poses. 2878 JOURNAL OF THE HOUSE, The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1349. By: Representatives Coleman of the 118th, Pinkston of the 100th, Hanner of the 130th, Ramsey of the 3rd, Phillips of the 59th, and Jackson of the 77th: A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the definition of the term "counterfeit substance"; to make it unlawful to manufacture, deliver, dis tribute, dispense, or sell a noncontrolled substance upon the express or implied representation that the substance is a narcotic or nonnarcotic controlled sub stance; and for other purposes. Representative Coleman of the 118th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1349 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Hanner of the 130th, Ramsey of the 3rd, and Jackson of the 77th. The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto: HB 1464. By: Representatives Mullinax of the 69th, Wood of the 72nd, Mostiler of the 71st, Aaron of the 56th, White of the 132nd and Ginsberg of the 122nd: A BILL to amend Code Title 114, relating to workers' compensation, so as to change the provisions relating to income benefits for total disability; to change the provi sions relating to income benefits for permanent partial disability; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate substitute was read: A BILL To amend Code Title 114, relating to workers' compensation, as amended, so as to provide that the basic rates for policies or contracts of insurance against liability for work ers' compensation shall be maintained at a certain level; to provide for procedures relative to the foregoing; to provide for hearings and appeals; to change certain provisions relative to the payment of workers' compensation benefits for total disability; to change the provi sions relating to occupational diseases so as to include byssinosis; to change the definition of the term "occupational disease"; to define the term "byssinosis"; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Title 114, relating to workers' compensation, as amended, is amended by striking Code Section 114-404 in its entirety and inserting in lieu thereof a new Code Section 114-404 to read as follows: "114-404. Income benefits for total disability. While the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a MARCH 24, 1982 2879 weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $115.00 $135.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the aver age weekly wage." Section 2. Said Code Title 114 is further amended by adding a new Code section between Code Sections 114-609 and 114-610, as amended, to be designated Code Section 114-609.1, to read as follows: "114-609.1. (a) Notwithstanding any other provision of law, all insurers issuing poli cies or contracts of insurance against the liability for compensation under this chapter shall comply with the following provisions. Each insurer's basic rate for policies or con tracts of insurance against the liability for compensation under this chapter shall not exceed the insurer's effective rate approved by and on file with the Insurance Commis sioner as of July 1, 1982. These rates shall remain in effect until July 1, 1984. (b) There shall be no exception to the requirements of subsection (a) of this Code section unless the Insurance Commissioner finds, after a hearing upon the written request of an insurer, that the use of the rates required under subsection (a) of this Code section by the insurer will result in rates which are inadequate to the extent that: (1) Such rates do not properly reflect the insurer's loss experience in this state to the extent that its earned premiums would not equal its incurred losses or expenses; or (2) Such rates jeopardize the solvency of the insurer required to use such rates. (c) The insurer shall have the burden of showing that the use of the rate required under subsection (a) of this Code section will result in rates which are inadequate to the extent that they do not properly reflect the insurer's loss experience in this state or that their use would jeopardize its solvency. No insurer shall be relieved of using the required rates if its most recently available experience on such lines of business shows a net underwriting gain unless, on the basis of statistical data, pertinent judgment, and trend factors, no other reasonable conclusion would be appropriate. (d) Upon conclusion of any hearing held pursuant to this chapter, the Insurance Commissioner shall enter his order specifying the rates required to be used by the insurer. The Commissioner shall indicate in his order all the factors entering into a deci sion relieving an insurer from full compliance with this Code section. The provisions of Code Chapter 56-2 shall apply to hearings held under this Code section. (e) Any insurer appealing from a final order of the Insurance Commissioner may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the Commissioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Code section. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of 12 percent per annum." Section 3. Said Code Title 114 is further amended by striking Code Section 114-801 in its entirety and inserting in lieu thereof a new Code Section 114-801 to read as follows: "114-801. General provisions.--Where the employer and employee are subject to the provisions of the workers' compensation law, the disablement or death of an employee resulting from an occupational disease as hereinafter listed and defined, shall be treated as the happening of an injury by accident, and the employee or, in the case of his death, his dependents, shall be entitled to compensation as provided by the workers' compensa tion law, except as hereinafter provided, and the practice and procedure prescribed in such law shall apply to all the proceedings under this Chapter except as hereinafter oth erwise provided: Provided, however, that in no case shall an employer be liable for com pensation under the provisions of this Chapter except for a disease specified in section 114-803, and unless such disease arose out of and in the course of employment and has resulted from the nature of the employment in which the employee was engaged under such employer and was actually contracted while engaged, meaning by 'nature of the employment' that to the occupation in which the employee was so engaged, there is attached the particular hazard of such disease that distinguishes it from the usual run 2880 JOURNAL OF THE HOUSE, of occupations and is in excess of the hazards of such disease attending employment in general, and unless disablement or death results within three years in the case of byssinosis, silicosis or asbestosis or within one year in the case of any other occupational disease after the last injurious exposure to the hazard of such disease in such employ ment, or, in case of death, unless death follows continuous disability from such disease commencing within the period above limited for which compensation has been paid or awarded or timely claim made as provided by the workers' compensation law, and results within seven years after such last exposure. Except, however, in cases of disabil ity or death caused by exposure to X-rays or radioactive substances as listed and defined under section 114-803-2, the time for the filing of such claims shall be within one year after the date upon which the employee first suffered disability from the expo sure of X-ray and either knew or in the exercise of reasonable diligence should have known that the occupational disease was caused by his present or prior employment. Notwithstanding any other provisions of law, in cases of disability or death resulting from byssinosis as defined in subsection (c) of Code Section 114-812, the time for filing claims shall be as provided by this Code Title; provided, however, that, with respect to cases of disability diagnosed as byssinosis prior to July 1^ 1983, such claims shall be filed prior to July 1, 1984." Section 4. Said title is further amended by adding at the end of Code Section 114-803 the following: "6. byssinosis." Section 5. Said title is further amended by striking Code Section 114-812 in its entirety and inserting in lieu thereof a new Code Section 114-812 to read as follows: "114-812. Definition of 'silicosis/ and 'asbestosis^' and 'byssinosis.'--(a) Whenever used in this Chapter, 'silicosis' shall mean a disease of the lungs caused by breathing silica dust (silicon dioxide) producing fibrous nodules, distributed through the lungs and demonstrated by X-ray examination or by autopsy. (b) Wherever used in this Chapter^ 'asbestosis' shall mean a disease of the lungs, caused by breathing asbestos dust, characterized anatomically by generalized fibrotic changes in the lungs, demonstrated by X-ray examination or by autopsy. (c) Wherever used in this Chapter, 'byssinosis' shall mean a pulmonary disease due to exposure to cotton dust for a period of seven years or longer and diagnosed as such by a doctor certified as a pulmonary specialist by the American Board of Internal Medi cine." Part 2 Section 6. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by adding a new Code section between Code Sec tions 34-9-130 and 34-9-131, to be designated Code Section 34-9-130.1, to read as follows: "34-9-130.1 (a) Notwithstanding any other provision of law, all insurers issuing poli cies or contracts of insurance against the liability for compensation under this chapter shall comply with the following provisions. Each insurer's basic rate for policies or con tracts of insurance against the liability for compensation under this chapter shall not exceed the insurer's effective rate approved by and on file with the Insurance Commis sioner as of July 1, 1982. These rates shall remain in effect until July 1, 1984. (b) There shall be no exception to the requirements of subsection (a) of this Code section unless the Insurance Commissioner finds, after a hearing upon the written request of an insurer, that the use of the rates required under subsection (a) of this Code section by the insurer will result in rates which are inadequate to the extent that: (1) Such rates do not properly reflect the insurer's loss experience in this state to the extent that its earned premiums would not equal its incurred losses or expenses; or (2) Such rates jeopardize the solvency of the insurer required to use such rates. (c) The insurer shall have the burden of showing that the use of the rate required under subsection (a) of this Code section will result in rates which are inadequate to the extent that they do not properly reflect the insurer's loss experience in this state or that MARCH 24, 1982 2881 their use would jeopardize its solvency. No insurer shall be relieved of using the required rates if its most recently available experience on such lines of business shows a net underwriting gain unless, on the basis of statistical data, pertinent judgment, and trend factors, no other reasonable conclusion would be appropriate. (d) Upon conclusion of any hearing held pursuant to this chapter, the Insurance Commissioner shall enter his order specifying the rates required to be used by the insurer. The Commissioner shall indicate in his order all the factors entering into a deci sion relieving an insurer from full compliance with this Code section. The provisions of Chapter 33-2 shall apply to hearings held under this Code section. (e) Any insurer appealing from a final order of the Insurance Commissioner may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the Commissioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Code section. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of 12 percent per annum." Section 7. Said chapter is further amended by striking Code Section 34-9-261 in its entirety and inserting in lieu thereof a new Code Section 34-9-261 to read as follows: "34-9-261. While the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to twothirds of the employee's average weekly wage but not more than $116.00 $135.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage." Section 8. Said chapter is further amended by striking Code Section 34-9-280 in its entirety and inserting in lieu thereof a new Code Section 34-9-280 to read as follows: "34-9-280. As used in this article, the term: (1) 'Asbestosis' means a disease of the lungs which is caused by breathing asbestos dust and which is characterized anatomically by generalized fibrotic changes in the lungs as demonstrated by X-ray examination or by autopsy. (2) 'Disablement' means the event of an employee becoming actually incapacitated because of occupational disease from performing his work in the last occupation in which he was injuriously exposed to the hazards of such disease or from performing any work in any other occupation for remuneration. Remuneration for work performed in any other occupation, as herein used, shall mean remuneration which equals or exceeds 33 Vs percent of the average weekly wages of the employee at the time of last injurious exposure, as determined under Code Section 34-9-260, or $20.00 per week, whichever is less. 'Disability' means the state of being so totally incapacitated. (3) 'Occupational disease' means those diseases listed in this paragraph, but only if any such listed disease is due to causes and conditions which are characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is exposed to such disease (excluding all ordinary diseases of life to which the general public is exposed): (A) Poisoning by: (i) Arsenic; (ii) Benzol (benzene); (iii) Cadmium; (iv) Carbon disulfide; (v) Carbon monoxide; (vi) Chlorine; (vii) Chromium; (viii) Cutting compounds; (ix) Halogenated hydrocarbons; (x) Hydrochloric acid; (xi) Hydrocyanic acid; (xii) Hydrofluoric acid; (xiii) Hydrogen sulfide; 2882 JOURNAL OF THE HOUSE, (xiv) Lead; (xv) Manganese; (xvi) Mercury; (xvii) Methanol (wood alcohol); (xviii) Nitric acid; (xix) Nitrous fumes (oxides of nitrogen); (xx) Sulfur dioxide; (xxi) Sulfuric acid; and (xxii) Zinc; (B) Diseased condition caused by exposure to X-rays or radioactive substances; (C) Asbestosis; (D) Silicosis; and (E) Byssinosis; and {B} (F) Other occupational diseases, provided the employee or the employee's dependents first prove to the satisfaction of the State Board of Workers' Compensa tion (or the medical board, if the matter in controversy is referred to it under Code Section 34-9-311) all of the following: (i) A direct causal connection between the conditions under which the work is performed and the disease; (ii) That the disease followed as a natural incident of exposure by reason of the employment; (iii) That the disease is not of a character to which the employee may have had substantial exposure outside of the employment; (iv) That the disease is not an ordinary disease of life to which the general public is exposed; (v) That the disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural conse quence. For the purposes of this subparagraph, partial loss of hearing due to noise shall not be considered an occupational disease. (4) 'Silicosis' means a disease of the lungs which is caused by breathing silica dust (silicon dioxide) and which produces fibrous nodules distributed through the lungs as demonstrated by X-ray examination or by autopsy. (5) 'Byssinosis' means a pulmonary disease due to exposure to cotton dust for a period of seven years or longer and diagnosed as such by a doctor certified as a pul monary specialist by the American Board of Internal Medicine." Section 9. Said chapter is further amended by striking Code Section 34-9-281 in its entirety and inserting in lieu thereof a new Code Section 34-9-281 to read as follows: "34-9-281. (a) Where the employer and employee are subject to this chapter, the disablement or death of an employee resulting from an occupational disease shall be treated as the occurrence of an injury by accident; and the employee or, in the case of his death, his dependents shall be entitled to compensation as provided by this chapter. The practice and procedure prescribed in this chapter shall apply to all the proceedings under this article except as otherwise provided. (b) Except as otherwise provided in this Code section, an employer shall be liable for compensation under this article only where: (1) Death or disablement results from a disease specified in Code Section 34-9-280; (2) Such disease arose out of and in the course of the employment in which the employee was engaged under such employer, was contracted while the employee was so engaged, and has resulted from a hazard characteristic of the employment in excess of the hazards of such disease attending employment in general; (3) Disablement or death results within three years, in the case of byssinosis, silicosis2 or asbestosis, or within one year, in the case of any other occupational dis ease, after the last injurious exposure to the hazard of such disease in such employ ment or death follows continuous disability from such disease commencing within the period above-specified for which compensation has been paid or awarded or timely MARCH 24, 1982 2883 claim made as provided by this chapter and results within seven years after such last exposure. (c) In cases of disability or death caused by exposure to X-rays or radioactive sub stances, the time for the filing of such claims shall be within one year after the date upon which the employee first suffered disability from exposure to X-rays or radioactive substances and either knew or in the exercise of reasonable diligence should have known that the occupational disease was caused by his present or prior employment. (d) In cases of disability or death resulting from byssinosis as defined in paragraph (5) of Code Section 34-9-280, the time for filing claims shall be as provided by this chap ter; provided, however, that, with respect to cases of disability diagnosed as byssinosis prior to July 1^ 1983, such claims shall be filed prior to July 1^ 1984." Part3 Section 10. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 11. All laws and parts of laws in conflict with this Act are repealed. Representative Mullinax of the 69th moved that the House disagree to the Senate substitute to HB 1464. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same: HB 1525. By: Representatives Rainey of the 135th and Peters of the 2nd: A BILL to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to eliminate the requirement that superior court clerks report to the Department of Natural Resources the disposition of game and fish prosecutions; and for other purposes. Representative Rainey of the 135th moved that the House insist on its position in dis agreeing to the Senate amendment to HB 1525 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Rainey of the 135th, Peters of the 2nd, and Twiggs of the 4th. The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto: HB 1433. By: Representatives Thomas and Johnson of the 66th, and Shepard of the 67th: A BILL to amend the "Adequate Program for Education in Georgia Act," so as to change the conditions under which teachers and other professional person nel shall be entitled to lifetime certification; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. 2884 JOURNAL OF THE HOUSE, The following Senate substitute was read: A BILL To amend the "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended, particularly by an Act approved April 15, 1981 (Ga. L. 1981, p. 1565), so as to change the conditions under which teachers and other pro fessional personnel shall be entitled to lifetime certification; to provide that superintend ents who have certain qualifications shall be exempt from certain certification requirements; to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to certification of educational personnel, so as to provide therein for the same change described above; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. The "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended, particularly by an Act approved April 15, 1981 (Ga. L. 1981, p. 1565), is amended by striking subsection (d) of Section 55 in its entirety and substituting in lieu thereof new subsections (d) and (e) to read as follows: "(d) All teachers and other professional personnel who hold or have held life certifi cates shall be entitled to carry forward that lifetime status if they become qualified by reason of additional training for a next higher level of certification in the same field. (e) Elected or appointed superintendents at the local or state level who meet the requirements of Code Section 32-502 and Code Section 32-1004 and who hold fifth-year degrees or higher in education from an accredited college or university shall be exempt from performance-based certification requirements." Part 2 Section 2. Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to certification of educational personnel, is amended by striking subsection (e) in its entirety and substituting in lieu thereof new subsections (e) and (f) to read as follows: "(e) All teachers and other professional personnel who hold or have held life certifi cates shall be entitled to carry forward that lifetime status if they become qualified by reason of additional training for a next higher level of certification in the same field. (f) Elected or appointed superintendents at the local or state level who meet the requirements of Code Section 20-2-31 and Code Section 20-2-102 and who hold fifthyear degrees or higher in education from an accredited college or university shall be exempt from performance-based certification requirements." Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. (b) Part I of this Act shall be repealed effective November 1, 1982. (c) Part II of this Act shall become effective November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Thomas of the 66th moved that the House disagree to the Senate sub stitute to HB 1433. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: MARCH 24, 1982 2885 SB 693. By: Senator Sutton of the 9th: A BILL to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of pub lic records, so as to provide for certain penalties; to provide for certain actions in the superior courts; and for other purposes. The following amendments were read and adopted: Representative Walker of the 115th moves to amend SB 693 by adding after the word "misdemeanor" on line 19, page 1, the following sentence: "The person in control of the public record or records requested shall have a reason able amount of time to determine whether or not the record or records requested are such record or records which are subject to access, said time not to exceed three business days." Representative Ham of the 80th moves to amend SB 693 by striking the language on lines 26 and 27 of page 1 and on lines 1, 2, 3, and 4 of page 2; and by striking "to provide for attorney's fees;" on line 5 of page 1. Representatives Davis of the 99th, Burruss of the 21st, Davis of the 45th, and others move to amend SB 693 by adding the letter "A" on line 14, page 1, after 50-18-73; and by adding a new Paragraph B to Sec. 50-18-73 on page 1 to read as follows: "B. This article shall not be applicable to any record or applications submitted to a probate court pursuant to Code Sec. 16-11-129 for a license to carry a pistol or revolver; or to any records required by the federal government to be kept confidential or to any records which would be an invasion of personal privacy." The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Branch YBray N Brooks YBuck Y Burruss Y Burton Y Byrd Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers N Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Coffins Y Colwell Connell Y Couch Cox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Y Davis.B Y Davis,J Y Davis.L YDean YDent Y Dixon Y Dobbs Y Dover Y Edwards N Elliott Evans Y Felton Y Fortune Y Foster N Fuller,C N Galer N Ginsberg Glover Y Godbee Greer YHam Y Hamilton Y Hanner Y Harris Y Harrison Y Hasty Hawkins YHays YHill Y Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson,N Jackson,W Y Jessup Y Johnson.G N Johnson,R Jones,B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan Long YLord YLowe Lucas Y Mangum Y Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters N Phillips.B Y Phillips.L.L Y Phillips.R.T Y Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Ralston Y Ramsey Randall Y Reaves N Richardson Y Robinson YRose Ross Y Rowland Y Russell Y Savage N Scott.A Scott.D Y Shepard Y Sherrod Y Sizemore Smith.T Smith.V Y Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplett 2886 JOURNAL OF THE HOUSE, Tuten Y Twiggs YVandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams,B.J Y Williams.H Y Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, as amended, the ayes were 144, nays 10. The Bill, having received the requisite constitutional majority, was passed, as amended. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 813. By: Representatives Kemp of the 139th, Tuten of the 153rd, Walker of the 115th, and Davis of the 45th: A BILL to amend Code Chapter 26-34, known as the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) ACT," so as to add as incidents of racketeering certain violations of the"Georgia Securities Act of 1973," certain violations of Code Title 5A, relating to alcoholic beverages, and acts or threats involving murder, kidnapping, arson, robbery, bribery, extortion, obstruction of justice, dealing in narcotic or dangerous drugs; and for other purposes. The Speaker announced the House in recess until 1:45 o'clock, this afternoon. MARCH 24, 1982 2887 AFTERNOON SESSION The Speaker called the House to order. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 1290. By: Representatives Walker of the 115th, Ware of the 68th, Phillips of the 125th, Adams of the 14th, Childers of the 15th and others: A BILL to amend Code Chapter 27-15, relating to demurrers and special pleas, so as to change provisions relating to the plea of insanity at the time of the commission of a crime; and for other purposes. HB 1534. By: Representative Marcus of the 26th: A BILL to amend the "Children and Youth Act," so as to provide for analyses of goals to reduce the number of cer tain children in foster care; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Representative Ware of the 68th District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 379 Do Pass, by Substitute Respectfully submitted, Ware of the 68th Chairman The following Resolutions of the House were read and adopted: HR 903. By: Representatives Fortune and Mostiler of the 71st: A RESOLUTION commending Roy L. Inman; and for other purposes. HR 904. By: Representatives Childers of the 15th and Montgomery of the 16th: A RESOLUTION relating to the City of Rome, Cave Spring, and Floyd County, Georgia; and for other purposes. HR 905. By: Representatives Clark of the 13th, Argo of the 63rd, Logan of the 62nd, and others: A RESOLUTION commending and congratulating the Athens Christian School girls' basketball team; and for other purposes. HR 906. By: Representatives Wood, Jackson, and Lawson of the 9th: A RESOLU TION commending Jim Mathis, Jr.; and for other purposes. 2888 JOURNAL OF THE HOUSE, HR 907. By: Representatives Childs of the 51st, Richardson of the 52nd, Williams of the 54th, and others: A RESOLUTION expressing regrets at the passing of Mrs. S. Robert Nosworthy; and for other purposes. HR 908. By: Representative Kilgore of the 65th: A RESOLUTION expressing regret at the passing of Honorable John H. Wynn; and for other purposes. HR 909. By: Representatives Branch of the 137th, Reaves of the 147th, Moore of the 152nd, and others: A RESOLUTION recognizing Milton (Buddy) Hopkins, Jr.,; and for other purposes. HR 910. By: Representatives Childs of the 51st, Ham of the 80th, Richardson of the 52nd, and others: A RESOLUTION expressing regret at the passing of Honor able William Carlton Mobley; and for other purposes. HR 911. By: Representatives Childs of the 51st, Richardson of the 52nd, Workman of the 56th and Murphy of the 18th: A RESOLUTION expressing regret at the passing of Hoagy Carmichael; and for other purposes. HR 912. By: Representatives Mostiler and Fortune of the 71st: A RESOLUTION com mending Russell Mercer Smith; and for other purposes. HR 913. By: Representatives Mostiler and Fortune of the 71st: A RESOLUTION com mending Mrs. Ruby C. Hill; and for other purposes. HR 914. By: Representatives Thompson, Darden and Wilson of the 19th, and others: A RESOLUTION in memory of Coogan Ray Bloedow; and for other purposes. HR 915. By: Representative Baugh of the 108th: A RESOLUTION designating the William Franklin Bloodworth, Jr. Bridge; and for other purposes. HR 916. By: Representatives Logan of the 62nd, Buck of the 95th, Russell of the 64th and others: A RESOLUTION commending the Board of Regents of the Uni versity System of Georgia for providing 50 years of outstanding service to public higher education in Georgia; and for other purposes. HR 917. By: Representatives Fuller of the 27th and Nicholson of the 88th: A RESO LUTION commending the Order of Ahepa (American Hellenic Educational Progressive Association) and recognizing the 60th anniversary of its founding; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 620. By: Senators Howard of the 42nd, Kidd of the 25th and McGill of the 24th: A BILL to amend Chapter 42 of Title 43 of the Official Code of Georgia Anno tated, relating to professional sanitarians, so as to change the membership of the Georgia Board of Registered Professional Sanitarians and to provide for a quorum; to abolish the board's advisory council but to provide for resource councils; to change certain requirements relating to examinations and applica tions therefor and provide for licenses, certificates, and fees; and for other pur poses. MARCH 24, 1982 2889 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Adams,J Y Adams.M Aiken Y Anderson Argo Y Auten Y Balkcom Bargeron Baugh Beal Beck Y Benefield Benn Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks YBuck Burruss Burton Byrd Y Cason Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Y Clark.L Y Colbert Coleman Y Collins Colwell Y Connell Y Couch Cox Y Crawford Crosby Culpepper Cummings Darden Daugherty Y Davis.B Y DavisJ Y Davis.L YDean Dent Dixon Y Dobbs Y Dover Edwards Elliott Evans Felton Fortune Foster Fuller.C Y Galer Y Ginsberg Y Glover Y Godbee Greer Ham Hamilton Y Hanner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks Home Y Hutchinson Y Irvin Isakson Y Jackson.J Jackson,N Jackson.W Y Jessup Johnson,G Y Johnson,R Jones,B Y Jones.H Y Karrh Kemp Kilgore Y Lambert Lane.D Y Lane.R Y Lawson Y Lee Y Logan Long Lord Y Lowe Lucas Y Mangum Mann Y Marcus Y Martin Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Mullinax Y Nicholson Nix Y Oliver Y Padgett Parham Y Patten Y Perry Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Y Pinkston Rainey Y Ralston Y Ramsey Randall Reaves Richardson Robinson Y Rose YRoss Y Rowland Y Russell Y Savage Y Scott.A Y Scott.D Y Shepard Y Sherrod Y Sizemore Smith.T Smith.V Smyre Y Snow Steinberg Y Swann Y Thomas Thompson Townsend Y Triplett Tuten Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Y Walker Wall Ware Y Watson White Y Widener Williams.BJ Y Williams.H Williams.R Y Wilson Y Wood.J Wood.J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 97, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 617. By: Senator Tysinger of the 41st: A BILL to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of profes sional engineers and land surveyors, so as to prohibit the use of certain words for advertisement purposes; to provide a penalty; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of professional engineers and land surveyors, so as to change the provi sions relating to enforcement of said chapter; to provide for duties of certain public offi cials; to prohibit the use of certain words for advertisement purposes; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of professional engineers and land surveyors, is amended by adding at the end of Code Section 43-15-27 a new subsection, to be designated subsection (c), to read as follows: 2890 JOURNAL OF THE HOUSE, "(c) Except as provided in Code Section 25-2-14, it shall be the duty of all public officials charged with the responsibility of enforcing codes related to construction to require compliance with Code Section 43-15-24 before engineering plans, drawings, and specifications are approved by construction. Except as provided in Code Section 25-2-14, no construction which is subject to Code Section 43-15-24 and which requires the service of an engineer shall be built without such approval prior to construction." Section 2. Said chapter is further amended by adding at the end of Code Section 43-15-30 a new subsection, to be designated subsection (f), to read as follows: "(f) Any person offering services to the public who uses by name, verbal claim, sign, advertisement, directory listing, or letterhead the words 'Engineer,' 'Engineers,' 'Profes sional Engineering,' 'Engineering,' or 'Engineered' shall be guilty of a misdemeanor unless said person has complied with the provisions of this chapter." Section 3. This Act shall become effective November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams.J Y Adams.M Y Aiken Y Anderson Argo YAuten N Balkcom Bargeron Baugh Beal Beck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Branch Bray Y Brooks Buck Y Burruss Y Burton Byrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Clark,B Y Clark,L Y Colbert Y Coleman Collins Y Colwell Y Connell Y Couch Cox Y Crawford Crosby Culpepper Y Cummings Darden Y Daugherty Y Davis.B Y Davis,J Y Davis,L Dean Dent Dixon Y Dobbs Y Dover Y Edwards Elliott Evans Felton Fortune Foster Fuller.C Galer Ginsberg Glover Y Godbee Greer Ham Y Hamilton Hanner Harris Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson.J Jackson.N Y Jackson.W Y Jessup Johnson.G N Johnson,R Y Jones,B Y Jones.H N Karrh Kemp Kilgore Y Lambert Lane.D Lane,R Y Lawson YLee Y Logan Long YLord Y Lowe Lucas Y Mangum Mann Y Marcus Y Martin Matthews Y McCollum McDonald Y McKinney Y Miles N Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson Nix Y Oliver Padgett Parham Y Patten Y Perry Peters Y Phillips,B N Phillips,L.L Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Rainey Y Ralston Ramsey Randall Y Reaves Richardson Robinson Rose YRoss Y Rowland Y Russell Y Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Thompson Townsend Y Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Walker Y Wall Ware Y Watson White Y Widener Williams.B.J Y Williams.H 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 97, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substi tute. The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon: MARCH 24, 1982 2891 SB 506. By: Senator Land of the 16th: A BILL to amend Code Section 40-5-63 of the Offi cial Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to change the period of suspension in cases where a person in violation of Code Section 40-5-55 is the operator of a motor vehicle which is involved in an accident in which any person is killed; and for other purposes. Representative McDonald of the 12th moved that the House adhere to its position in amending SB 506 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives McDonald of the 12th, Cason of the 96th, and Jackson of the 9th. The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto: HR 658. By: Representatives Jones of the 78th and Ham of the 80th: A RESOLUTION authorizing and empowering the State Properties Commission, for and on behalf of and in the name of the State of Georgia, to convey certain stateowned real property located in Butts County, Georgia, to the board of commis sioners of Butts County; and for other purposes. The following Senate amendment was read: Amend HR 658 by adding after the comma on line 7 of page 2 the following: "may". Representative Jones of the 78th moved that the House disagree to the Senate amend ment to HR 658. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 1407. By: Representatives Snow of the 1st, Darden of the 19th, Bray of the 70th, Tuten of the 153rd, Evans of the 84th and Williams of the 48th: A BILL to amend an Act known as the "Child Support Recovery Act," so as to redefine "earnings" so that unemployment compensation benefits are subject to inter ception for the purpose of enforcing support obligations; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: 2892 JOURNAL OF THE HOUSE, HB 1261. By: Representatives Parham of the 109th and Baugh of the 108th: A BILL to amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, so as to continue the State Board of Pharmacy and the laws relating thereto but to pro vide for the later termination of the board and the laws relating thereto; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. Representative Parham of the 109th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1261 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Parham of the 109th, Baugh of the 108th, and Moore of the 152nd. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same: HB 1373. By: Representatives Reaves of the 147th, Veazey of the 146th, Balkcom of the 140th, Long of the 142nd, and Cheeks of the 89th: A BILL to amend Code Chapter 84-40, relating to the Georgia State Board of Landscape Architects, so as to continue the board and the laws relating to the board until a certain date; to clarify the exemption for landscape contractors; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Representative Reaves of the 147th moved that the House insist on its position in dis agreeing to the Senate amendment to HB 1373 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Reaves of the 147th, Castleberry of the lllth, and Irvin of the 10th. The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 291. By: Representatives Harrison and Isakson of the 20th, Darden of the 19th, and Nix of the 20th: A BILL to amend an Act establishing the Teachers' Retire ment System of Georgia, so as to change a provision relative to a definition; and for other purposes. The following Senate substitute was read: A BILL To amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved April 16, 1979 MARCH 24, 1982 2893 (Ga. L. 1979, 1196), so as to provide creditable service for certain prior service as a mem ber of a certain local retirement fund; to provide conditions relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved April 16, 1979 (Ga. L. 1979, 1196), is amended by adding at the end of Section 4 a new subsection (7) to read as follows: "(7) (a) As used in this subsection the terms 'independent school system' and 'local retirement fund' shall have the same meaning as defined by subparagraphs (ii) and (iii) of paragraph (a) of subsection (8) of Section 9 of this Act. (b) Any active member who was employed by an independent school system prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retirement fund of such independent school system and had a vested right to benefits thereunder shall receive creditable service under this Act equivalent to the creditable service the member had under said local retirement fund subject to the fol lowing conditions: (i) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system shall pay to the Board of Trustees the total amount of employee contributions credited to the mem ber under the local retirement fund plus applicable accrued regular interest (as determined by the Board of Trustees) which would have accumulated on such con tributions. Such payment must be paid to the Board of Trustees, in a manner pre scribed by the Board, by not later than January 1, 1983, or by the date of retirement, if the member retires prior to January 1, 1983. (ii) The member shall pay to the Board of Trustees the amount of contributions which would have been paid by the teacher to the Teachers' Retirement System if the member had been a member of the Teachers' Retirement System for the period of creditable service the member had under the local retirement fund plus applica ble accrued regular interest (as determined by the Board of Trustees) which would have accumulated on such contributions, but the amount otherwise payable hereunder shall be reduced by the amount paid to the Board of Trustees under subparagraph (i) of this paragraph. Such payment must be made to the Board of Trustees, in a manner prescribed by the Board, by not later than January 1, 1983, or by the date of retirement if the member retires prior to January 1, 1983. Creditable service under this subsection shall not be granted to the member until the payment required by this subparagraph has been made to the Board of Trustees. (iii) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system, shall pay to the Board of Trustees the amount of employer contributions for such creditable service, which would have been paid to the Teachers' Retirement System had the teacher been a member of the Teachers' Retirement System at the time the service was ren dered, plus applicable accrued regular interest thereon (as determined by the Board of Trustees). (iv) No creditable service under this subsection may be obtained for creditable service under a local retirement fund unless the member has forfeited any right to receive a retirement benefit under the local retirement fund. (v) No creditable service under this subsection may be obtained if such credit able service would not be allowable under other provisions of this Act. (vi) Paragraphs (i), (j), and (k) of subsection (8) of Section 9 of this Act shall apply to payments required by this subsection." Part 2 Section 2. Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to creditable service under the Teachers Retirement System, is amended by 2894 JOURNAL OF THE HOUSE, adding between Code Sections 47-3-87 and 47-3-88 a new Code Section 47-3-87.1 to read as follows: "47-3-87.1. (a) As used in this Code section the terms 'independent school system' and 'local retirement fund' shall have the same meaning as defined by paragraphs (1) and (2) of subsection (a) of Code Section 47-3-66. (b) Any active member who was employed by an independent school system prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retirement fund of such independent school system and had a vested right to benefits thereunder shall receive creditable service under this chapter equivalent to the credit able service the member had under said local retirement fund subject to the following conditions: (1) The fiscal authority or other governing body, by whatever name designated, of , the local retirement fund of the independent school system shall pay to the board of trustees the total amount of employee contributions credited to the member under the local retirement fund plus applicable accrued regular interest (as determined by the board of trustees) which would have accumulated on such contributions. Such pay ment must be paid to the board of trustees, in a manner prescribed by the board, by not later than January 1, 1983, or by the date of retirement, if the member retires prior to January 1, 1983. (2) The member shall pay to the board of trustees the amount of contributions which would have been paid by the teacher to the Teachers Retirement System if the member had been a member of the Teachers Retirement System for the period of creditable service the member had under the local retirement fund plus applicable accrued regular interest (as determined by the board of trustees) which would have accumulated on such contributions, but the amount otherwise payable hereunder shall be reduced by the amount paid to the board of trustees under paragraph (1) of this subsection. Such payment must be made to the board of trustees, in a manner pre scribed by the board, by not later than January 1, 1983, or by the date of retirement if the member retires prior to January 1, 1983. Creditable service under this Code sec tion shall not be granted to the member until the payment required by this paragraph has been made to the board of trustees. (3) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system, shall pay to the board of trustees the amount of employer contributions for such creditable service, which would have been paid to the Teachers Retirement System had the teacher been a member of the Teachers Retirement System at the time the service was rendered, plus applica ble accrued regular interest thereon (as determined by the board of trustees). (4) No creditable service under this Code section may be obtained for creditable service under a local retirement fund unless the member has forfeited any right to receive a retirement benefit under the local retirement fund. (5) No creditable service under this Code section may be obtained if such credit able service would not be allowable under other provisions of this chapter. (6) Subsections (i), (j), and (k) of Code Section 47-3-66 shall apply to payments required by this Code section." Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Harrison of the 20th moved that the House disagree to the Senate sub stitute to HB 291. MARCH 24, 1982 2895 The motion prevailed. HB 1437. By: Representative Ham of the 80th: A BILL to amend Code Section 5A-5511, relating to small domestic wineries, so as to change the amount of wine which may be produced by wineries selling at retail on their premises; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate substitute was read: A BILL To amend Code Title 5A, relating to alcoholic beverages, as amended, so as to change the amount of wine which may be produced by such wineries selling at retail on their premises; to change certain provisions relative to the content of such wine; to change cer tain provisions relative to the levy of excise taxes on certain domestic wines; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Title 5A, relating to alcoholic beverages, as amended, is amended by striking subsection (a) of Code Section 5A-5511 and inserting in its place a new subsec tion (a) to read as follows: "(a) The commissioner may authorize any licensee authorized to manufacture wine in this state to sell such wine at retail on the premises of the winery, but only if the licensee produces less than 4Q$66 378,000 liters of wine per year and the wine is made wholly in Georgia from at least 40 percent of Georgia grown agricultural products." Section 2. Said title is further amended by striking in their entirety paragraphs (1) and (3) of Code Section 5A-5701 and inserting in their respective places new paragraphs (1) and (3) to read as follows: "(1) On table wines produced within the State, wholly from at least 40 percent of fruits and berries grown within the State, 11 cents per liter and a proportionate tax at like rates on all fractional parts of a liter. (3) On dessert wines produced within the State, wfeeHy from at least 40 percent of fruits and berries grown within the State, 27 cents per liter and a proportionate tax at like rates on all fractional parts of a liter." Part 2 Section 3. Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of wine, is amended by striking subsection (a) of Code Section 3-6-21.1 and inserting in its place a new subsection (a) to read as follows: "(a) The commissioner may authorize any licensee authorized to manufacture wine in this state to sell such wine at retail on the premises of the winery, but only if the licensee produces less than 40,000 378,000 liters of wine per year and the wine is made wholly in Georgia from at least 40 percent of Georgia grown agricultural products." Section 4. Said Chapter 6 is further amended by striking in their entirety paragraphs (1) and (3) of Code Section 3-6-50 and inserting in their respective places new paragraphs (1) and (3) to read as follows: "(1) On table wines produced within the state wholly from at least 40 percent of fruits and berries grown within the state, lie per liter and a proportionate tax at the same rate on all fractional parts of a liter; (3) On dessert wines produced within the state wholly from at least 40 percent of fruits and berries grown within the state, 27t>orncys IGGS not to exceed an execution fee in the amount of 10 percent of the delinquent tax. He shall also make a similar entry on the execution and on the receipt to be delivered by the officer to the defendant. The officer shall return the execution to the tax collector or tax commis sioner with the amount of tax collected. The tax collector or tax commissioner shall at once copy the entry of the officer on his execution docket and file the execution in his office." Part3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Culpepper of the 98th moved that the House agree to the Senate sub stitute to HB 1467. 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 Argo Y Auten Y Balkcom Bargeron Y Baugh Beal YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Branch Bray Y Brooks YBuck Y Burruss Y Burton Y Byrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Collins Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis.B Davis.J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Y Glover Godbee Y Greer YHam Hamilton Manner Y Harris Y Harrison Y Hasty Hawkins Y Hays Hill Y Holmes Y Hooks Home Y Hutchinson Irvin Y Isakson Y Jackson,J Jackson,N Jackson, W Y Jessup Johnson.G Y Johnson,R Y Jones.B Y Jones.H Y Karrh Kemp Kilgore Y Lambert Y Lane.D Lane,R Y Lawson YLee Logan Long YLord Y Lowe Lucas Y Mangum Mann Y Marcus Y Martin On the motion, the ayes were 120, nays 0. Matthews Y McCollum McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Phillips.R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Reaves Richardson Y Robinson YRose YRoss Y Rowland Russell Y Savage Y Scott.A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith,V Smyre Y Snow Y Steinberg Y Swann Thomas Y Thompson Y Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Veazey Waddle Y Walker Y Wall Y Ware Watson White Widener Y Williams.B.J Williams.H Y Williams.R Y Wilson Y Wood.J Y Wood.J.T Workman Speaker Murphy 2974 JOURNAL OF THE HOUSE, The motion prevailed. HB 485. By: Representatives Buck of the 95th, Smyre of the 92nd, Galer of the 97th, Coleman of the 118th, and Bishop of the 94th: A BILL to amend Code Title 56, so as to clarify existing laws and to provide that nonprofit hospital service corporations organized under the provisions of Code Chapter 56-17 and non profit medical service corporations organized under the provisions of Code Chapter 56-18 may invest in or lend their funds on security of such assets as are permitted by Code Chapter 56-10 for the investment of assets of domestic life insurance companies; and for other purposes. The following Senate substitute was read: A BILL To amend Code Title 56, known as the "Georgia Insurance Code," as amended, so as to clarify existing law concerning the investment authority of nonprofit hospital service corporations organized under the provisions of Code Chapter 56-17 and of medical service nonprofit corporations organized under the provisions of Code Chapter 56-18; to provide for clarification with respect to the authority of certain companies writing annuities and the investment of funds allocated to separate accounts; to amend the Official Code of Georgia Annotated accordingly; to provide for the automatic repeal of certain portions of this Act; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Title 56, known as the "Georgia Insurance Code," as amended, is amended by striking Code Section 56-1715, which reads as follows: "56-1715. Investments. The funds of any corporations subject to the provisions of this Chapter shall be invested only in securities permitted by the laws of the State of Geor gia for the investment of assets of life insurance companies.", in its entirety and inserting in lieu thereof a new Code Section 56-1715 to read as follows: "56-1715. Investments. The funds of any corporations subject to the provisions of this Chapter shall be invested only in securities permitted by the laws of the State of Geor gia for the investment of assets of life insurance companies. Nothing contained herein shall be deemed to prohibit such corporation from investing its funds in a home office building or other tangible assets related to the operation of its business or from invest ing its funds in a wholly owned subsidiary agency corporation organized to solicit appli cations for insurance policies to be issued by an insurer authorized to transact life insurance in this State, subject to the same requirements, conditions, restrictions, and limitations as are applicable to such investments by life insurers." Section 2. Said Code Title 56 is further amended by striking Code Section 56-1817, which reads as follows: "56-1817. Investments. The funds of such corporation shall be invested only in securi ties permitted by the laws of the State of Georgia for the investment of assets of insur ance companies.", in its entirety and inserting in lieu thereof a new Code Section 56-1817 to read as follows: "56-1817. Investments. The funds of such corporation shall be invested only in securi ties permitted by the laws of this state for the investment of assets of life insurance companies. Nothing contained herein shall be deemed to prohibit such corporation from investing its funds in a home office building or other tangible assets related to the oper ation of its business or from investing its funds in a wholly owned subsidiary agency cor poration organized to solicit applications for insurance policies to be issued by an insurer authorized to transact life insurance in this state, subject to the same requirements, con ditions, restrictions, and limitations as are applicable to such investments by life insurers." MARCH 24, 1982 2975 Section 3. Said Code Title 56 is further amended by striking subsections (a) and (m) of Code Section 56-1040 and inserting in their respective places new subsections (a) and (m) to read as follows: "(a) When used in this section, the term 'variable annuity contract' shall mean any individual or group contract issued by an insurance company or annuity company pro viding for annuity benefits and incidental contractual payments or values which vary in whole or in part so as to reflect investment results of any segregated portfolio of invest ments or of a designated separate account or accounts in which amounts received or retained in connection with any of such contracts have been placed. (m) No company shall deliver or issue for delivery variable contracts within this State unless (1) it is licensed or organized to do a life insurance or annuity business in this State or is organized as a nonprofit educational corporation in its state of domicile and issues variable annuity contracts solely for the purpose of aiding and strenghtening nonproprietary and nonprofit-making colleges, universities, and other institutions engaged primarily in education or research; and (2) the commissioner is satisfied that its condition or method of operation in connection with the issuance of such contracts will not render its operation hazardous to the public or its policyholders in this State. In this connection, the commissioner shall consider among other things: (1) The history and financial condition of the company; (2) The character, responsibility and fitness of the officers and directors of the company; and (3) The law and regulation under which the company is authorized in the State of domicile to issue variable contracts." Part 2 Section 4. Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," is amended by striking Code Section 33-18-25 in its entirety and insert ing in lieu thereof a new Code Section 33-18-25 to read as follows: "33-18-25. The funds of any medical service corporation subject to this chapter shall be invested only in securities in which assets of insurance companies may be authorized under the laws of this state. Nothing contained in this Code section shall be deemed to prohibit such corporation from investing its funds in a home office building or other tangible assets related to the operation of its business or from investing its funds in a wholly owned subsidiary agency corporation organized to solicit applications for insur ance policies to be issued by an insurer authorized to transact life insurance in this state, subject to the same requirements, conditions, restrictions, and limitations as are applicable to such investments by life insurers." Section 5. Said title is further amended by striking Code Section 33-19-17 in its entirety and inserting in lieu thereof a new Code section to read as follows: "33-19-17. The funds of any corporations subject to this chapter shall be invested only in securities in which assets of life insurance companies may be invested under the laws of this state. Nothing contained in this Code section shall be deemed to prohibit such corporation from investing its funds in a home office building'or other tangible assets, related to the operation of its business or from investing its funds in a wholly owned subsidiary agency corporation organized to solicit applications for insurance poli cies to be issued by an insurer authorized to transact life insurance in this state, subject to the same requirements, conditions, restrictions, and limitations as are applicable to such investments by life insurers." Section 6. Said Title 33 is further amended by striking subsections (a) and (e) of Code Section 33-11-36 and inserting in their respective places new subsections (a) and (e) to read as follows: "(a) As used in this Code section, 'variable life insurance policy' means any individ ual or group policy issued by an insurance company or annuity company providing for life insurance and benefits incidental thereto, under which payments or values may vary in whole or in part so as to reflect investment results of any segregated portfolio of 2976 JOURNAL OF THE HOUSE, investments or of a designated separate account or accounts in which amounts received or retained in connection with any of such policies have been placed. (e) No company shall deliver or issue for delivery variable life insurance policies within this state unless it has a current certificate of authority to transact life insurance in this state or is organized as a nonprofit educational corporation in its state of domi cile and issues variable annuity contracts solely for the purpose of aiding and strenghtening nonproprietary and nonprofit-making colleges, universities, and other institutions engaged primarily in education or research and the Commissioner is satisfied that its condition or method of operations in connection with the issuance of such poli cies will not render its operation hazardous to the public or its policyholders in this state. In this connection, the Commissioner shall consider among other things: (1) The history and financial condition of the company; (2) The experience, character, responsibility, and fitness of the officers and direc tors of the company; and (3) The law and regulation under which the company is authorized in the state of domicile to issue variable life insurance policies." Parts Section 7. The General Assembly finds and declares that the above is declaratory of the intent of existing law. Section 8. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 9. All laws and parts of laws in conflict with this Act are repealed. Representative Buck of the 95th moved that the House agree to the Senate substitute to HB 485. 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 YArgo Y Auten Y Balkcom Bargeron Y Baugh Beal YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Y Clark.L Y Colbert Y Coleman Collins Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Darden Y Daugherty Y Davis.B Y DavisJ Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Felton Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer YHam Y Hamilton Y Manner Y Harris Y Harrison Y Hasty Hawkins YHays Hill Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson.J Jackson.N Y Jackson, W Y Jessup Johnson,G Y Johnson,R Y Jones.B Y Jones.H Y Karrh Kemp Y Kilgore Y Lambert Y Lane.D Lane.R Y Lawson YLee Logan YLong YLord Lowe Y Lucas Y Mangum Y Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Moore Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Pinks ton Y Rainey Y Ralston Ramsey Randall Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Russell Y Savage Y Scott,A Y Scott,D Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre Y Snow Y Steinberg MARCH 24, 1982 2977 Y Swann Thomas Y Thompson Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Widener Y Williams,B.J Y Williams.H Y Williams.R Y Wilson Wood,J Y Wood.J.T Y Workman Speaker Murphy On the motion, the ayes were 134, nays 0. The motion prevailed. HB 1436. By: Representatives Jones of the 78th, Mostiler of the 71st, Dover of the llth, and Wood and Benefield of the 72nd: A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to require certain procedures be followed by any local school superintendent or local board of education; and for other purposes. The following Senate substitute was read: A BILL To amend an Act defining the grounds for the termination of contracts of teachers, principals, and other employees having a contract for a definite term, approved March 31, 1975 (Ga. L. 1975, p. 360), so as to provide for definitions; to provide for the procedures for demotion and nonrenewal; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act defining the grounds for the termination of contracts of teachers, principals, and other employees having a contract for a definite term, approved March 31, 1975 (Ga. L. 1975, p. 360), is amended by striking Section 3 which reads as follows: "Section 3. Nonrenewal or Demotion After Three Years' Service. After a teacher or other professional school employee certificated by the State Board of Education who is employed under a contract for a definite term has been employed for three or more suc cessive school years by the same local board of education, then the nonrenewal of the contract of such teacher or other person or his demotion for the fourth or subsequent years shall be as provided by this section. When the local school superintendent or board of education has tentatively decided not to renew the contract in the third succes sive year of any such teacher or professional certificated employee, or any subsequent year thereafter, or to demote such a teacher or other professional certificated employee, written notification of such tentative decision shall be given to such teacher or employee not later than April 15 prior to the ensuing school year, and any such teacher or profes sional certificated employee so notified shall have the right to request the local school superintendent or local board of education, in writing, by not later than May 1, thereaf ter, to furnish such teacher or certificated professional employee a written statement of the reasons on which the nonrenewal of the contract was based, or the reasons for the demotion, in accordance with the provisions relating to notice as set out herein in sub section (b) of section 1 of this Act. Upon receiving such request for a hearing from any such teacher or employee, said hearing shall be in accordance with the provisions of sub sections (b) through (f), inclusive, of section 1 of this Act. For purposes of this section, a teacher or other employee as hereinbefore referred to shall be deemed to have been employed for three successive school years where the teacher or employee had already completed two years with the system and while serving under his third successive con tract has his contract of employment renewed by the board of education for the fourth consecutive year. Only service rendered as an employee of the same local board of edu cation may be counted as service for the purpose of this section.", 2978 JOURNAL OF THE HOUSE, in its entirety and substituting in lieu thereof a new Section 3 to read as follows: "Section 3. Nonrenewal or demotion, (a) As used in this Section, the term: (1) 'Local board of education' or 'local board' means a county or independent board of education, a board of education of a public school system established prior to the adoption of the Constitution of 1877, or a board of education of an area school system, or any agent with the authority to act on behalf of any such board. (2) 'School year' means a period of at least 180 school days beginning in or about September and ending in or about June. (3) 'School year contract' means a contract of full-time employment between a teacher and a local board of education covering a full school year. A contract of employment for a portion of a school year shall not be counted as a school year con tract, nor shall contracts of employment for portions of a school year be cumulated and treated as a school year contract. A contract of employment for any time outside a school year shall not be counted as a school year contract, nor shall contracts of employment for time outside a school year be cumulated and treated as a school year contract. A school year contract is deemed included within a contract of full-time employment between a teacher and a local board of education covering a full calendar or fiscal year. (4) 'Teacher' means any professional school employee certificated by the State Board of Education. (b) (1) A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Sec tion 1 of this Act. (2) A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education and who is notified that he or she is to be demoted or that his or her contract will not be renewed has the right to the proce dures set forth in subsections (b) through (f) of Section 1 of this Act before the intended action is taken. A teacher who has the right to these procedures must notify the superintendent of the local board employing the teacher within 14 days of the day the notice of the intended action is served that he or she requests that the procedures be implemented. Within 14 days of service of the request to implement the proce dures, the local board must furnish the teacher a notice that complies with the requirements of subsection (b) of Section 1 of this Act. (3) A teacher is deemed to have accepted a fourth consecutive school year contract if, while the teacher is serving under the third consecutive school year contract, the local board does not serve notice on the teacher by April 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by May 1 of the third consecu tive school year that he or she does not accept the fourth consecutive school year con tract. (4) A teacher who has satisfied the conditions set forth in paragraph (1) of this subsection who is subsequently employed by another local board of education and who accepts a second consecutive school year contract from the local board at which the teacher is subsequently employed may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Section 1 of this Act. The provisions set forth in paragraph (2) of this subsection shall likewise apply to such a teacher. (5) A teacher is deemed to have accepted a second consecutive school year contract if, while the teacher is serving under the first school year contract, the local board does not serve notice on the teacher by April 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by May 1 of the first school year that he or she does not accept the second consecutive school year contract." Part 2 MARCH 24, 1982 2979 Section 2. Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to the procedure for nonrenewal of contract of demotion after three years' service, is amended by striking said Code section which reads as follows: "20-2-942. (a) After a teacher or other professional school employee certificated by the State Board of Education who is employed under a contract for a definite term has been employed for three or more successive school years by the same local board of edu cation, then the nonrenewal of the contract of such teacher or other person or his demo tion for the fourth or subsequent years shall be as provided by this Code section. (b) When the local school superintendent or local board has tentatively decided not to renew the contract in the third successive year, or any subsequent year thereafter, of any such teacher or professional certificated employee or to demote such a teacher or other professional certificated employee, written notification of such tentative decision shall be given to such teacher or employee not later than April 15 prior to the ensuing school year; and any such teacher or professional certificated employee so notified shall have the right to request the superintendent or local board in writing, by not later than May 1, to furnish such teacher or certificated professional employee a written statement of the reasons on which the nonrenewal of the contract was based or the reasons for the demotion, in accordance with provisions relating to notice as set out in subsection (b) of Code Section 20-2-940. Upon receipt of such request for a hearing from any such teacher or employee, the hearing shall be conducted in accordance with subsections (b) through (f), inclusive, of Code Section 20-2-940. (c) For purposes of this Code section, a teacher or other employee, as referred to in subsection (a) of this Code section, shall be deemed to have been employed for three successive school years where the teacher or employee had already completed two years with the system and while serving under his third successive contract has his contract of employment renewed by the local board for the fourth consecutive year. Only service rendered as an employee of the same local board may be counted as service for the pur pose of this Code section.", in its entirety and substituting in lieu thereof a new Code Section 20-2-942 to read as fol lows: "20-2-942. (a) As used in this Code section, the term: (1) 'Local board of education' or 'local board' means a county or independent board of education, a board of education of a public school system established prior to the adoption of the Constitution of 1877, or a board of education of an area school system, or any agent with the authority to act on behalf of any such board. (2) 'School year' means a period of at least 180 school days beginning in or about September and ending in or about June. (3) 'School year contract' means a contract of full-time employment between a teacher and a local board of education covering a full school year. A contract of employment for a portion of a school year shall not be counted as a school year con tract, nor shall contracts of employment for portions of a school year be cumulated and treated as a school year contract. A contract of employment for any time outside a school year shall not be counted as a school year contract, nor shall contracts of employment for time outside a school year be cumulated and treated as a school year contract. A school year contract is deemed included within a contract of full-time employment between a teacher and a local board of education covering a full calendar or fiscal year. (4) 'Teacher' means any professionional school employee certificated by the State Board of Education. (b) (1) A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Code Section 20-2-940. (2) A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education and who is notified that he or she is to be demoted or that his or her contract will not be renewed has the right to the proce dures set forth in subsections (b) through (f) of Code Section 20-2-940 before the 2980 JOURNAL OF THE HOUSE, intended action is taken. A teacher who has the right to these procedures must notify the superintendent of the local board employing the teacher within 14 days of the day the notice of the intended action is served that he or she requests that the procedures be implemented. Within 14 days of service of the request to implement the proce dures, the local board must furnish the teacher a notice that complies with the requirements of subsection (b) of Code Section 20-2-940. (3) A teacher is deemed to have accepted a fourth consecutive school year contract if, while the teacher is serving under the third consecutive school year contract, the local board does not serve notice on the teacher by April 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by May 1 of the third consecu tive school year that he or she does not accept the fourth consecutive school year con tract. (4) A teacher who has satisfied the conditions set forth in paragraph (1) of this subsection who is subsequently employed by another local board of education and who accepts a second consecutive school year contract from the local board at which the teacher is subsequently employed may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Code Section 20-2-940. The provisions set forth in paragraph (2) of this subsection shall likewise apply to such a teacher. (5) A teacher is deemed to have accepted a second consecutive school year contract if, while the teacher is serving under the first school year contract, the local board does not serve notice on the teacher by April 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by May 1 of the first school year that he or she does not accept the second consecutive school year contract." Part 3 Section 3. (a) Except as otherwise provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Jones of the 78th moved that the House agree to the Senate substitute to HB 1436. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams,G Y Adams,J Y Adams,M Y Aiken Y Anderson YArgo Y Auten Y Balkcom Bargeron Y Baugh Beal YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Branch Bray N Brooks YBuck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Clark.B Y Clark.L Y Colbert Y Coleman Collins Y Colwell Connell Y Couch YCox N Crawford N Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis.B Y Davis,J Y Davis.L Dean Y Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Y Glover Y Godbee Y Greer YHarn Hamilton Y Manner Y Harris Y Harrison Y Hasty Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson.J Jackson,N N Jackson.W Y Jessup Johnson.G Y Johnson.R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan YLong Y Lord Lowe Y Lucas Y Mangum MARCH 24, 1982 2981 Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford N Montgomery Y Moody Moore Mostiler Mullinax Y Nicholson Y Nix Y Oliver Y Padgett Y Parham N Patten Y Perry Y Peters Y Phillips.B Y Phillips,L.L Phillips.R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey N Ralston Ramsey Y Randall Reaves Y Richardson Y Robinson Y Rose Y Ross Y Rowland Y Russell Y Savage Scott,A Y Scott,D Shepard Y Sherrod N Sizemore On the motion, the ayes were 128, nays 9. The motion prevailed. Y Smith/T Smith.V Smyre Y Snow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson White Y Widener Williams.BJ N Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy HB 1534. By: Representative Marcus of the 26th: A BILL to amend the "Children and Youth Act," so as to provide for analyses of goals to reduce the number of cer tain children in foster care; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate substitute was read: A BILL To amend the "Children and Youth Act," approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, so as to provide for analyses of goals to reduce the number of certain children in foster care; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. The "Children and Youth Act," approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, is amended by striking Section 20 and inserting in its place a new Sec tion 20 to read as follows: "Section 20. Annual Report. The Director shall prepare and publish an annual report on the operation of the Division and county departments of family and children services and submit the same to the Governor, the Board, and all interested persons, officials, agencies and groups, public or private. The report shall contain, in addition to informa tion, statisticSj and data as may be required by other provisions of this Act, a compre hensive analysis of performance of child welfare and youth services throughout the state; Q.VH*in* toe period covered Dy tfte report} ft study OT present find st projection! OT tuture may be required therefor; an analysis of goals to reduce by I percent each year, begin ning with the fiscal year that starts October L, 1983, the number of children who have been in family or institutional foster care for a period of twenty-four months or longer, as provided by Public Law 96-272; and such other information and recommendations of the Director as may be suitable." Part 2 Section 2. Chapter 5 of Title 49 of the Official Code of Georgia Annotated is amended by striking Code Section 49-5-19 and inserting in its place the following: "49-5-19. The commissioner shall prepare and publish an annual report on the oper ations of the department and of county departments of family and children services 2982 JOURNAL OF THE HOUSE, under this article and submit it to the Governor, the board, and all interested persons, officials, agencies, and groups, public or private. The report shall contain, in addition to information, statistics, and data required by other provisions of this article, a compre hensive analysis of performance of child welfare and youth services throughout the state; during tHc period covered oy tiie reportj ft study &t present QHd ft projection of future require meats (or aaeh services throughout the state, te include facilities d funds required therefor; an analysis of goals to reduce by 1. percent each year, beginning with the fiscal year that starts October i, 1983, the number of children who have been m family or institutional fos.ter care for a period of 24 months or longer, as provided by Public Law 96-272; and such other information and recommendations of the commis sioner as may be suitable." Parts Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Marcus of the 26th moved that the House agree to the Senate substi tute to HB 1534. On the motion, the roll call was ordered and the vote was as follows: Aaron Adams.G Y Adams,J Y Adams,M Y Aiken Y Anderson Y Argo YAuten Y Balkcom Bargeron Y Baugh Beal YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Branch YBray Y Brooks Buck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childere Childs Clark.B Y Clark,L Y Colbert Y Coleman Collins Y Colwell Y Connell Y Couch YCox Crawford Y Crosby Y Culpepper Y Cummings Darden Daugherty Davis.B Y Davis,J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Y Glover Y Godbee Y Greer YHam Y Hamilton Y Manner Y Harris Harrison Y Hasty Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson ,J Jackson.N Y Jackson.W Jessup Johnson,G Y Johnson,R Y Jones.B Y Jones.H Y Karrh YKemp Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Lucas Y Mangum Mann Y Marcus Y Martin On the motion, the ayes were 131, nays 0. The motion prevailed. Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Y Savage Scott,A Scott.D Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre Y Snow Y Steinberg Y Swann Thomas Thompson Y Townsend Y Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.BJ Y Williams.H Williams.R Y Wilson Y Wood,J Y Wood.J.T Y Workman Speaker Murphy MARCH 24, 1982 2983 The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 1395. By: Representative Savage of the 25th: A BILL to amend Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, so as to change the definition of the term "eye bank"; to change the provisions relating to persons who may operate eye banks; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 76. By: Representative Hutchinson of the 133rd: A BILL to amend an Act establishing the Employees' Retirement System of Georgia, so as to change the provisions relative to mandatory retirement age; and for other purposes. The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolutions of the House: HR 753. By: Representative Dobbs of the 74th: A RESOLUTION proposing an amend ment to the Constitution so as to change the provisions relating to homestead exemptions for residents of Newton County so that each resident shall receive a $4,000.00 exemption from county and school ad valorem taxes and certain elderly and disabled residents may receive an $8,000.00 exemption; and for other purposes. HR 758. By: Representative Collins of the 144th: A RESOLUTION proposing an amend ment to the Constitution so as to impose a one percent sales and use tax in Mitchell County for the support of public school systems; to provide for the manner of imposition and collection; and for other purposes. HR 822. By: Representative Crawford of the 5th: A RESOLUTION proposing an amend ment to the Constitution, so as to allocate to the Chattooga County School Dis trict and the Trion Independent School District the proceeds of any local sales and use tax levied within Chattooga County and provide for corresponding ad valorem tax adjustments; and for other purposes. HR 826. By: Representatives Fortune and Mostiler of the 71st: A RESOLUTION propos ing an amendment to the Constitution so as to provide that the GriffinSpalding County Board of Education shall be composed of ten members to be elected from ten education districts by the electors of their respective districts; and for other purposes. The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House: HB 1525. By: Representatives Rainey of the 135th and Peters of the 2nd: A BILL to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Pish Code," so as to eliminate the requirement that superior court clerks 2984 JOURNAL OF THE HOUSE, report to the Department of Natural Resources the disposition of game and fish prosecutions; and for other purposes. The President has appointed on the part of the Senate the following: Senators English of the 21st, Gillis of the 20th, and Walker of the 19th. The following Resolution of the House was read: HR 918. 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 at 9:00 P.M. on March 24, 1982, and reconvene at 9:00 A.M. on March 26, 1982. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom Bargeron Y Baugh Beal YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Branch YBray Y Brooks Buck Y Burruss Y Burton Byrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Darden Daugherty Y Davis.B Y Davis,J Y Davis.L NDean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Y Glover Y Godbee Y Greer YHam Y Hamilton Y Manner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Irvin Y Isakson Y Jackson.J Jackson,N Y Jackson.W Y Jessup Johnson.G Y Johnson,R Jones.B Y Jones.H Y Karrh YKemp Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan Y Long YLord Lowe Y Lucas Y Mangum Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Y Phillips.L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Ralston Ramsey Y Randall Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell On the adoption of the Resolution, the ayes were 133, nays 1. The Resolution was adopted. Y Savage Scott,A Y Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Thomas Thompson Townsend Y Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Widener Y Williams.B.J Y Williams.H Williams.R Y 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: MARCH 24, 1982 2985 Mr. Speaker: The Senate has adopted the Conference Committee Report on the following Bill of the Senate: SB 653. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to amend an Act placing the clerk of superior court and probate judge of Glynn County on an annual salary, so as to change the provisions relating to the compensation of the clerk and the clerk's personnel; and for other purposes. The following Bills of the Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon: SB 653. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to amend an Act placing the clerk of superior court and probate judge of Glynn County on an annual salary, so as to change the provisions relating to the compensation of the clerk and the clerk's personnel; and for other purposes. The following report of the Committee of Conference was read: CONFERENCE COMMITTEE REPORT ON SB 653 The Conference Committee on SB 653 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 653 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Bill Littlefield Senator, 6th District /s/Honorable Glenn E. Bryant Senator, 3rd District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable James R. Tuten, Jr. Representative, 153rd District /s/Honorable Dean G. Auten Representative, 154th District /s/Honorable Joseph E. Kennedy Senator, 4th District Honorable Jimmy Lord Representative, 105th District A BILL To amend an Act placing the clerk of superior court and probate judge of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3199), as amended, so as to change the provisions relating to the compensation of the clerk; to change the pro visions relative to the clerk's personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the clerk of superior court and probate judge of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3199), as amended, is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Sec tion 2 to read as follows: "Section 2. Beginning July 1, 1982, the clerk of superior court shall receive an annual base salary of $27,563.00, payable in equal monthly installments from Glynn County funds; provided, however, under no circumstances shall the annual base salary of said clerk be less than the annual base salary of the sheriff of Glynn County. The clerk's sal ary shall be increased by 5 percent per each four-year term of office served by said 2986 JOURNAL OF THE HOUSE, clerk, figured at the end of each such period of service. Such increase shall not have a retroactive effect, except that the current term of the clerk presently in office shall be counted for determining the appropriate salary under this Section." Section 2. Said Act is further amended by striking paragraph (2) of subsection (a) of Section 5 in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: "(2) The base annual salary of the persons employed by the clerk shall be fixed by the clerk within the following amounts: chief deputy .........................................................................................$12,840.00 to $16,050.00 12 deputy clerks...................................................................................$ 7,062.00 to $10,914.00 The salaries of such personnel and their maximum salaries may be increased annually by the clerk of superior court by a percentage factor not to exceed the amount of the most recent annual cost-of-living increase granted to employees of the Glynn County governing authority. The clerk may also hire any additional personnel required to be hired by order of the Superior Court of Glynn County." Section 3. This Act shall become effective on July 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Auten of the 154th moved that the House reject the report of the Committee of Conference and that a second Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a second Committee of Conference on the part of the House, the following members: Representatives Auten of the 154th, Lord of the 105th, and Tuten of the 153rd. SB 692. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to amend an Act placing the Sheriff of Glynn County on an annual salary, so as to change the provisions relating to the compensation of the sheriff and deputies and other personnel of the sheriff; to change the provisions relating to automobiles and other expenses for the sheriffs office; and for other purposes. The following report of the Committee of Conference was read: CONFERENCE COMMITTEE REPORT ON SB 692 The Conference Committee on SB 692 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 692 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Bill Littlefield Senator, 6th District /s/Honorable Glenn E. Bryant Senator, 3rd District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable James R. Tuten, Jr. Representative, 153rd District /s/Honorable Dean G. Auten Representative, 154th District /s/Honorable Joseph E. Kennedy Senator, 4th District Honorable Jimmy Lord Representative, 105th District MARCH 24, 1982 2987 A BILL To amend an Act placing the Sheriff of Glynn County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended, particularly by an Act approved April I, 1980 (Ga. L. 1980, p. 4457) and by an Act approved April 6, 1981 (Ga. L. 1981, p. 3351), so as to change the provisions relating to the compensation of the sheriff and deputies and other personnel of the sheriff; to change the provisions relating to automobiles and other expenses for the sheriffs office; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the sheriff of Glynn County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended, particularly by an Act approved April 1, 1980 (Ga. L. 1980, p. 4457) and by an Act approved April 6, 1981 (Ga. L. 1981, p. 3351), is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Sec tion 2 to read as follows: "Section 2. (a) The sheriff shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge the official duties of his office efficiently and effectively. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the com pensation to be received by each employee in said office, except that the sheriff may annually without the approval of the county governing authority grant to such personnel a cost-of-living increase not to exceed the amount of the most recent annual cost-of-living increase granted to the employees of the county governing authority. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assist ants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. (b) In addition to the personnel authorized above, the sheriff shall be authorized to provide for such additional facilities and personnel needed for the purpose of imple menting any statutory or court-ordered requirement relating to prisoners in Glynn County, including but not limited to such requirements concerning recreation or fresh air for such prisoners and concerning the feeding of such prisoners; provided that such additional facilities and personnel shall be paid for out of county funds." Section 2. Said Act is further amended by striking subsections (1) and (2) of Section 2A in their entirety and substituting in lieu thereof new subsections (1) and (2) to read as follows: "(1) Beginning July 1, 1982, the sheriff shall receive an annual base salary of $27,563.00, payable in equal monthly installments from the funds of Glynn County. (2) The salary of the sheriff shall be increased by 5 percent per each four-year term of office served by said sheriff, figured at the end of each such period of service. Such increase shall not have a retroactive effect, except that the current term of the sheriff presently in office shall be counted for determining the appropriate salary under this Section." Section 3. Said Act is further amended by striking Section 2C in its entirety and substituting in lieu thereof a new Section 2C to read as follows: "Section 2C. (1) Until automobiles are furnished for the sheriff and his deputies pursuant to paragraph (2) of this section, the sheriff and each of his deputies, except the chief deputy, shall receive monthly from county funds a car allowance of $275.00 per month and a mileage allowance of 22rraautitvrjci IJTJJiArii'j/fccrniasii.iu'vnii Q ocjkirvtriicfne fo\rf 4t-nViea TvTjinniTvm crrsniii--fiyr Tf lfl} flnd ^5) (4) Five Eight public members to be appointed by the Governor. (b) No more than two public members shall be residents of the same congressional district. At least two of the public members shall reside outside of the standard metro politan statistical areas of the state; and at least one public member shall reside within ene ef the standard metropolitan statistical areas ef the state. One of the public mem bers shall be an active family farmer. Two of the public members shall be affiliated with eligible issuers of the mortgage-backed securities as defined in Code Section 8-3-192.1. Public members shall serve four-year terms, except as otherwise provided by law. Public members shall continue in office until their successors have been appointed and have qualified. In the event of a vacancy in the office of a public member by death, resigna tion, or otherwise, the Governor shall appoint a successor to serve for the balance of the unexpired term. The public members shall be subject to the code of ethics covering members of boards, commissions, and authorities as contained in Code Sections 45-10-3 through 45-10-5 and shall be subject to removal for violation of that code of ethics as provided in those Code sections. Any vacancy created by any such removal for cause shall be filled by the Governor. \Cj--1 lie flutnonty Snflil elect ft cnfliFmftn^ who sii&ii oe cftiei execut1vc otticcr of tiie ftutilonly, ftnd d soeretsry. "i fie mcmuers of tne ftutiiority mtiy Appoint ftft executive director, wno sn3.il De ft person expeneneed m mort^ft^e lending, nome Duiiding, or re01 th authority. T-he members shaft employ seh technical and ether personnel as may be necessflry to tne per*ormflnce of tne powers stud duties of tne flutiiority. {d)--A majority ef- members office shaft constitute a quorum for the transaction ef ftHy Dusiness ftnd for tfte exercise ot &ny power or iunction of tne flutfionty. JNO vftcsncy HH tfte ftutnonty sndii impftIF tne n^nt of & Qtioruni to exercise fill tne n^nts &nd pepiopm ^11 4-V.fw rlnfinn /\f v'U,. nii-fVi^i-it-ir Oil bxic UUL1C3 OT iillC c*u isii\ji icj" (c) The authority shall elect a chairman and a secretary. A majority of members in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the authority. No vacancy in the authority shaft impair the right of a quorum to exercise aft the rights and perform all the duties of the authority. (d) The members of the authority may appoint an executive director, who shall be the chief administrative officer of the authority and who shall be a person experienced in mortgage lending, home building, or real estate development. The executive director shall be an ex officio nonvoting member of the authority. The members shall employ such technical and other personnel as may be necessary to the performance of the pow ers and duties of the authority. (e) Except for the issuance of debt, the authority may delegate to one or more of its members, to the executive director, or to any agent or employee such powers and duties as it may deem proper. (f) The public members of the authority shall be compensated in the amount of $44.00 per day, plus actual expenses incurred, for each day's service spent in the per formance of the duties of the authority, provided that such compensation shall be lim ited to 30 days during any one fiscal year unless one of the public members is elected chairman, in which event such compensation shall be limited to 100 days during any one fiscal year. The permanent members shall be reimbursed for actual expenses incurred in the performance of their duties under this article part." Section 34. Said article is further amended by adding a new subsection (d) at the end of Code Section 8-3-175 to read as follows: "(d) (1) The authority shall maintain a system of accounts in accordance with gen erally acceptable accounting procedures and standard accounting procedures and sys tems established by the state, where applicable. (2) Funds derived from the operation of the authority shall not be liable for any deficit, default, or failure of the Georgia Secondary Market Corporation. Securities issued by the Georgia Secondary Market Corporation are payable solely from the MARCH 24, 1982 3037 funds provided for in Part 2 of Article 3 and shall not constitute a debt or obligation to the authority. (3) Personnel employed by the authority may be simultaneously employed by the Georgia Secondary Market Corporation; provided, however, any such personnel simul taneously employed shall properly allocate their individual salaries and expenses between the authority and the Georgia Secondary Market Corporation." Section 35. Said article is further amended by renumbering paragraph (25) of Code Section 8-3-176 as paragraph (27) and by adding two new paragraphs at the end of said Code section, to be numbered paragraphs (25) and (26), to read as follows: "(25) To loans funds to the Georgia Secondary Market Corporation for the purpose of allowing said corporation to begin operations, such loans to be made at competitive rates of interest and repaid by said corporation from whatever funds become available to said corporation for general corporate purposes; (26) To enter into contracts, leases, or agreements with the board of directors of the Georgia Secondary Market Corporation which are necessary to allow the authority to provide personnel services, office space, computer services, equipment, materials, and any other services for the Georgia Secondary Market Corporation as the authority deems desirable;". Section 36. Said article is further amended by adding a new Part 2 immediately fol lowing Part 1 to read as follows: "Part 2 Subpart 1 8-3-190. This part shall be known and may be cited as the 'Georgia Secondary Mar ket Corporation Act.' 8-3-190.1. (a) The General Assembly finds and declares that historically, Georgia has been a state in which the need for residential mortgage funds has greatly exceeded the supply of such funds within the state. A substantial portion of this deficit has been met in the past by the sale by Georgia institutional lenders of residential mortgages to out-of-state sources, including federal mortgage finance agencies, out-of-state institu tional loan buyers, and the public capital markets. In recent years, increasingly high interest rates have created an acute shortage of mortgage funds from these traditional sources. This shortage is inimical to the safety, health, and welfare of the residents of this state and the sound growth of its communities. In order to supply the need in Geor gia for residential mortgage funds, it is necessary to implement a public program to make Georgia residential mortgages more salable to sources of capital. (b) The General Assembly declares that the purposes of this part are to establish secondary market facilities for home mortgages, to provide that the operations thereof shall be financed by private capital to the maximum extent feasible, and to authorize such facilities to provide supplementary assistance to the secondary market for home mortgages by providing a degree of liquidity for mortgage investments, thereby improv ing the distribution of investment capital available for home mortgage financing; and to provide assistance for the financing of home mortgages as a means of retarding or stop ping a decline in mortgage lending and home building activities which materially threat ens the stability of a high level state economy. 8-3-190.2. As used in this part, the term: (1) 'Board' means the board of directors of the corporation. (2) 'Corporation' means the Georgia Secondary Market Corporation, (3) 'Custodial agent' means a bank or trust company having trust powers having a place of business in Georgia and authorized to do business in Georgia and desig nated as such by the corporation. (4) 'Default' means default by an issuer of payment of a security or performance of any of its obligations under a guarantee. (5) 'Eligible issuer' or 'issuer' means a mortgage lender qualifying as an 'eligible issuer' as provided in Code Section 8-3-192.6. 3038 JOURNAL OF THE HOUSE, (6) 'Guarantee' means a guarantee of the corporation regarding securities entered into pursuant to Code Section 8-3-192. (7) 'Mortgage' means a mortgage, deed of trust, or deed to secure debt covering a fee simple estate which is accompanied by a promissory note, the holder of which is a mortgage lender. (8) 'Mortgage capital certificates' means the obligations of the authority issued pursuant to Code Section 8-3-193 hereof. (9) 'Mortgage lender' means any bank or trust company, savings and loan associa tion, savings bank, insurance company, or mortgage banker or mortgage broker autho rized to deal in mortgages. Such mortgage lender shall have a place of business in Georgia and shall be authorized to do business in Georgia. (10) 'Mortgage pool' or 'pool' means a pool of mortgages meeting, to the satisfaction of the corporation, the requirements of Code Sections 8-3-192.3 and 8-3-192.4 exclu sively pledged by an issuer for the payment of securities. (11) 'Securities' means the straight pass-through securities and modified passthrough securities described in subsection (a) of Code Section 8-3-192.3 issued by issu ers and secured by a mortgage. Subpart 2 8-3-191. There is created the Georgia Secondary Market Corporation. The corpora tion constitutes a public instrumentality and a political subdivision of the state, and the exercise of the powers conferred by this part shall be deemed and held to be the per formance of an essential public function. 8-3-191.1. (a) The corporation shall be governed and all of its corporate powers, duties, and functions shall be exercised by a board of directors. The board of directors shall be composed of 11 members, who shall be the same persons who are serving and who shall serve as members of the Georgia Residential Finance Authority pursuant to Code Section 8-3-174. The executive director of the corporation, or president, if desig nated by such title by the board of directors, shall be an ex officio nonvoting member of the board of directors. (b) The provisions of Code Section 8-3-174 pertaining to the authority are incorpo rated by reference into this subsection and shall apply to the board of directors in the same manner as it fully sets out, with conformable language, in this subsection. The board of directors shall organize and conduct its affairs in accordance with such provi sions of law; provided, however: (1) That nothing in this subsection shall be construed to mean that the board of directors must elect the same persons to serve as officers of the board of directors as are elected by the board of directors of the authority to serve as officers of the board of directors of the authority; (2) That no person serving as a public member of the authority and thereby as a director of the corporation shall receive more than one day's per diem, plus actual expenses incurred, for one day's service or portion thereof rendered to the state; and (3) That the limitation as to the number of days during any fiscal year that a per diem may be paid to a public member of the authority shall be exclusive of services rendered by such person as a director of the corporation. (c) The Attorney General shall provide legal services for the corporation and in con nection therewith Code Sections 45-15-13 through 45-15-16 shall be fully applicable. 8-3-191.2. (a) The board of directors shall appoint an executive director, or presi dent, if designated by such title by the board of directors, who shall be the chief admin istrative officer of the corporation and serve at the pleasure of the board. (b) The board shall create any other offices within the corporation as it deems neces sary for the operation of the corporation and shall appoint qualified persons to fill any such offices created. (c) Persons appointed under subsections (a) and (b) shall perform such executive functions, powers, and duties as may be prescribed by the board under regulations and bylaws and shall be considered executive officers of the corporation. MARCH 24, 1982 3039 (d) The corporation may also employ technical experts and other personnel as is nec essary for the conduct of business of the corporation. (e) The executive director, officers, and other personnel authorized to be employed by the corporation in this Code section, may also be simultaneously employed by the Georgia Residential Finance Authority; provided, however, that the salaries and expenses associated with any officer or employee simultaneously employed by the corpo ration and the authority must be properly allocated between the corporation and the Georgia Residential Finance Authority. 8-3-191.3. The chief administrative officer shall prepare an annual budget at least 90 days prior to the close of the fiscal year, pursuant to his activities under this part. The chairperson shall then present it for adoption to the board of directors. 8-3-191.4. The board shall authorize the guarantee or sale of obligations or securities and shall approve other major contractual agreements. Any other contractual agreements or debt obligations may be approved by the chief administrative officer pursuant to reg ulations of the board. 8-3-191.5. (a) The corporation shall have power: (1) To adopt, alter, and use a corporate seal, which shall be judicially noticed; (2) To enter into and perform contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this part on such terms as it may deem appropriate, with the Georgia Residential Finance Authority, any gov ernment agency, or with any person, firm, association, or corporation; (3) To execute, in accordance with its bylaws, all instruments necessary or appro priate in the exercise of any of its powers; (4) To sue and to be sued in its corporate name and to complain and defend in any state or federal court of competent jurisdiction, but no attachment, injunction, or other similar process shall be issued against the property of the corporation or against the corporation with respect to its property; (5) To lease, purchase, or acquire any property, and to sell, for cash or credit, lease, or otherwise dispose of the same, at such time and in such manner as and to the extent that it may deem necessary or appropriate to procure insurance against any loss in connection with its property and other assets, in such amounts and from such insurers as it deems desirable; (6) To borrow money and issue and guarantee payment of principal and interest on securities as provided in this part; (7) To prescribe, repeal, and amend or modify rules, regulations, bylaws, or requirements governing the manner in which its general business may be conducted; (8) To accept gifts or donations of services, or of property, real, personal, or mixed, tangible or intangible, in aid of any of its purposes; (9) To borrow funds from the Georgia Residential Finance Authority for the pur pose of beginning operations, such loans to be made at competitive rates of interest and repaid from funds available for general corporate purposes; and (10) To do all things as are necessary or incidental to the proper management of its affairs and the proper conduct of its business. (b) The corporation shall have the power to select and appoint or employ such offi cers, employees, and agents, to vest them with such powers and duties, and to fix such compensation to them for their services, as it may determine; and any such action shall be without regard to the state civil service and classification laws. Appointments, promo tions, and separations so made shall be based on merit and efficiency, and no political tests or qualification shall be permitted or given consideration. 8-3-191.6. The exercise of the powers specified in this part will be in all respects for the benefit of the people of the state, for their well-being and prosperity, and for the improvement of their socioeconomic conditions, and the corporation shall not be required to pay any tax or assessment on any property owned by the corporation under the provisions of this part or upon the income therefrom. Subpart 3 8-3-192. (a) The corporation is authorized to guarantee the timely payment of prin cipal and interest on such securities as shall be based on and backed by a pool composed 3040 JOURNAL OF THE HOUSE, of mortgages meeting the requirements of Code Section 8-3-192.3 of this part. In the event the issuer is unable to make any payment of principal or of interest on any secu rity guaranteed under this Code section, the corporation shall make such payment as and when due in cash, and thereupon shall be subrogated fully to the rights satisfied by such payment. (b) Any other laws to the contrary notwithstanding, the corporation is empowered in connection with any guarantee under this Code section, whether before or after any default, to provide by contract with the issuer for the extinguishment, upon default by the issuer, of any redemption, equitable or legal, or other right, title, or interest of the issuer in any mortgage or mortgages constituting the pool against which the guaranteed securities are issued and for the transfer of such mortgage or mortgages to the corpora tion as the absolute property of the corporation subject only to unsatisfied rights therein of the holders of the securities. (c) The guarantee provided under this Code section shall not constitute a debt or obligation of the State of Georgia or any agency or instrumentality thereof other than the corporation. 8-3-192.1. (a) A mortgage lender shall be eligible to issue and service mortgagebacked securities guaranteed by the corporation if such mortgage lender qualifies as an eligible issuer. In order to qualify as an eligible issuer, a mortgage lender must: (1) Have adequate experience, management capability, and facilities to issue and service mortgage-backed securities, as determined by the corporation; (2) Be authorized to do business in the State of Georgia; (3) Own at all times, except as may otherwise be provided in Code Section 8-3-192.8, mortgage capital certificates issued pursuant to Code Section 8-3-193 with a total face amount equal to a minimum amount fixed by the corporation; and (4) Meet the requirements, conditions, and limitations which may be imposed by the bylaws or regulations of the corporation. (b) The corporation shall not make a commitment to guarantee, or guarantee, pursu ant to a commitment or otherwise, any issue of mortgage-backed securities unless the mortgage lender requesting such commitment or guarantee then qualifies as an eligible issuer. (c) A mortgage lender shall not qualify as an eligible issuer at any time in which the lending policies of the issuer permit any discrimination based on race, religion, color, national origin, age, or sex of a borrower. (d) A mortgage lender shall qualify as an eligible issuer only so long as it conducts its business operations in accordance with accepted mortgage-lending practices, ethics, and standards, as determined by the corporation, and shall maintain its books and records in accordance with generally accepted accounting principles. (e) In the event that a mortgage lender which is qualified as an eligible issuer should subsequently fail to comply with any of the requirements prescribed in this Code sec tion, the corporation may withhold further commitments to guarantee securities until such time as the corporation is satisfied that the mortgage lender has resumed business operations in compliance with such requirements. (f) If any issuer, subsequent to the issuance of securities guaranteed by the corpora tion, should fail in a material way to be in compliance with any of the requirements pre scribed in this Code section or in the guarantee agreement, the corporation may bring proceedings to disqualify such issuer, in accordance with the following procedure: The corporation shall serve the issuer, by hand delivery or by certified or registered mail, with a written notice stating the facts incident to such failure and setting forth such affirmative requirements as the corporation may consider necessary to correct such fail ure in accordance with such procedures as may be set forth in the guarantee agreement. 8-3-192.2. (a) Securities to be issued pursuant to the provisions of this Code section may, at the option of the issuer, be of one of the following types, but only one of such types may be issued against any single pool of mortgages: (1) Straight pass-through securities, which provide for the payment by the issuer to the holders of a proportionate share of the proceeds of principal and interest, as collected, on account of a pool of mortgages, less servicing fees and other specified costs approved by the corporation; and MARCH 24, 1982 3041 (2) Modified pass-through securities, which provide for such payment, whether or not collected, of both specified principal installments and a rate of interest on the unpaid principal balance, with all prepayments being passed through to the holder. (b) In the case of delinquent mortgages in a pool backing modified pass-through securities, the issuer is required to make advances if necessary to maintain the specified schedule of interest and principal payments to the holders, or at its option, at any time 90 days or more after default of any such mortgage, the issuer may repurchase such mortgage. (c) Both straight pass-through and modified pass-through securities must specify the dates on which payments are to be made to the holders thereof, and must indicate the accounting period for collections on the pool's mortgages relating to each such payment, and the securities must also specify a date on which the entire principal to be collected will have been paid or will be payable. (d) Each issue of securities must be in a minimum face amount of $1 million, pro vided that in the case of modified pass-through securities based on and backed by mort gages on mobile homes said minimum face amount is $400,000.00. The total face amount of any issue of securities cannot exceed the aggregate unpaid principal balances of the mortgages in the pool. (e) The face amount of any security cannot be less than $25,000.00. (f) Securities are transferable, but the share of the proceeds collected on account of the pool of mortgages may not be payable to more than one holder with respect to any security. (g) The mortgages comprising a particular pool are not required to have been origi nated by the same mortgage lender, so long as all such mortgages are originated by eligi ble issuers. 8-3-192.3. (a) Each issue of securities must be backed by a separate pool of mort gages which: (1) Are covered by policies of title insurance, hazard insurance, and other types of insurance prescribed in regulations issued by the corporation; and (2) Meet such other standards of acceptability as may be prescribed by the corpo ration. (b) Any mortgage within a pool shall be replaced or repurchased by the issuer if found defective by the corporation at any time prior to four months after the date on which the corporation issues its guarantee of the securities, and the documents pertain ing to said guarantee shall so provide. 8-3-192.4. The corporation will not guarantee securities if the pool proposed by the issuer does not satisfactorily provide for: (1) Servicing of the mortgages in the pool; (2) Timely payment of principal and interest, in accordance with the terms of the securities; (3) Notification to the corporation of an impending default, on the part of the issuer, in adequate time for the corporation to make timely payments on the securi ties; (4) Delivery to a designated custodial agent satisfactory to the corporation of the mortgage notes or other evidence of indebtedness secured by the mortgages in the pool and protection of the corporation interest in all assets in the pool as collateral for its guarantee; and (5) All mortgages within a pool carry the same mortgage interest rate. 8-3-192.5. The issuer shall maintain fidelity bond coverage acceptable and payable to the corporation that assures the faithful performance of the fiduciary responsibilities of the issuer. 8-3-192.6. (a) With respect to straight pass-through securities, the corporation may guarantee the timely payment to the securityholder of the proceeds of principal and interest, as collected, as undertaken in the corporation's guarantee appearing on the face of the security. With respect to modified pass-through securities, the corporation may guarantee the timely payment, whether or not collected, of the fixed rate of interest on the outstanding balance and the specified principal installments, as undertaken in the 3042 JOURNAL OF THE HOUSE, corporation's guarantee appearing on the face of the security. As to straight passthrough securities, any failure or inability of the issuer to make payments as due to the holders of the securities from the proceeds from the pool of mortgages which have been collected, or because of failure to make collections under reasonable and accepted stan dards of mortgage servicing, shall constitute a default of the issuer. As to modified passthrough securities, any failure or inability of the issuer to make fixed or other payments as due as well as such other failures as may be identified by the corporation and included in the guarantee agreement, shall be deemed such a default. (b) Upon any default by the issuer and payment under its guarantee by the corpora tion, or any failure of the issuer to comply with the terms of the guarantee agreement, the corporation may institute a claim against the issuer's fidelity bond, or may pursuant to Code Section 8-3-192, extinguish all the right, title, or other interest of the issuer and make the mortgages the absolute property of the corporation subject only to unsatisfied rights therein of the holders of the securities, or the corporation may do both. 8-3-192.7. The corporation shall establish a schedule of application and guarantee fees, which may vary for straight pass-through and modified pass-through issuances, and of such fees as it may determine to be reasonable for the analysis of any trust or other security arrangement proposed by the issuer. The corporation may alter the schedule of fees as it reasonably deems appropriate. To assure that to the maximum extent and as rapidly as possible the corporation will become self-supporting, the schedule of fees should be established according to sound business practices such that the proceeds of such fees are sufficient to fund the corporation's total operating expenses, the guarantee of payment of principal and interest on securities issued pursuant to this part, and the repurchase and retirement of outstanding mortgage capital certificates. 8-3-192.8. Proceeds of fees charged under Code Section 8-3-192.7 shall be applied to defray the operating expenses of the corporation. Remaining proceeds shall be deposited in the Guarantee Reserve Fund established pursuant to Code Section 8-3-193.5 of this part. When the amount of the Guarantee Reserve Fund equals or exceeds $5 million, or the Minimum Guarantee Reserve Fund Requirement as defined in Code Section 8-3-193.6 is sufficiently funded, whichever is greater, the additional proceeds of fees shall be applied to the purchase of outstanding mortgage capital certificates. 8-3-192.9. The securities and mortgage capital certificates guaranteed by the corpora tion pursuant to this part shall be legal investments in which all public officers and pub lic bodies of this state, its political subdivisions, all municipalities and municipal subdivisions, all public and private pension or retirement funds, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, banking institutions, including savings and loan associations, building and loan associa tions, trust companies, savings banks and savings associations, investment companies, and other persons carrying on a banking business, credit unions, industrial loan compa nies, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or in other obligations of the state, may properly and legally invest funds, including cap ital, in their control or belonging to them. The securities and mortgage capital certifi cates guaranteed by the corporation pursuant to this part may be used by any such private financial institution, person, or association as security for public deposits. The securities and mortgage capital certificates guaranteed by the corporation pursuant to this part are also made securities which may properly and legally be deposited with and received by all public officers and bodies of the state or any agency or political subdivi sion of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law, including deposits to secure public funds. Subpart 4 8-3-193. (a) The corporation may issue obligations, mortgage capital certificates, from time to time in an amount outstanding at any one time sufficient to enable the corporation to carry out its functions under this part. MARCH 24, 1982 3043 (b) Mortgage capital certificates shall mature not more than 20 years from their respective dates of issue, to be redeemable before maturity at the option of the corpora tion at such price or prices as may be determined by the corporation. The corporation is authorized to purchase any of its mortgage capital certificates outstanding under this section at any time and at any price. (c) Mortgage capital certificates of each issue shall be dated, bear interest at such rate, and shall have such other terms and conditions as may be determined by the cor poration. (d) The corporation shall determine the form of the mortgage capital certificates, including any interest coupons to be attached thereto, and shall fix the denomination or denominations and the place or places and medium of payment of principal and interest thereof. (e) All mortgage capital certificates shall be executed in the name of the corporation by the chairman and secretary of the corporation and shall be sealed with the official seal of the corporation or a facsimile thereof. Coupons shall be executed in the name of the corporation by the chairman of the corporation. The facsimile signature of either the chairman or the secretary of the corporation may be imprinted in lieu of the manual signature if the corporation so directs and the facsimile of the chairman's signature shall be used on coupons. Mortgage capital certificates and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time the signature was signed or imprinted shall be fully valid notwithstanding the fact that before or after the delivery thereof such person ceased to hold such office. The corpora tion also may provide for the authentication of mortgage capital certificates by a trustee or fiscal agent. (f) All mortgage capital certificates shall have and are declared to have all the quali ties and incidents of negotiable instruments under the negotiable instruments laws of the state including the Uniform Commercial Code. (g) The mortgage capital certificates may be issued in coupon or in registered form, or both, as the corporation may determine, and provision may be made for the registra tion of any coupon mortgage capital certificate as to principal alone and also as to both principal and interest. (h) The corporation may sell such bonds at public or private sale in such manner and for such price as it may determine to be for the best interests of the corporation. (i) Prior to the preparation of definitive mortgage capital certificates, the corporation may issue interim receipts, interim certificates, or temporary mortgage capital certifi cates exchangeable for definitive mortgage capital certificates upon the issuance of the latter. The corporation may also provide for the replacement of any mortgage capital certificate which shall become mutilated or destroyed or lost. Such mortgage capital cer tificates may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this part. (j) The corporation is authorized to provide by resolution for the issuance of refund ing mortgage capital certificates of the corporation for the purpose of refunding any mortgage capital certificates issued under the provisions of this part and then outstand ing, together with accrued interest thereon. The issuance of such refunding mortgage capital certificates and all other details thereof, the rights of the holders thereof, and the duties of the corporation in respect to the same shall be governed by the foregoing provisions of this part insofar as the same may be applicable. (k) Any resolution providing for the issuance of mortgage capital certificates under the provisions of this part shall become effective immediately upon its adoption by a majority vote of the board and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the corporation by a majority of the board. (1) All mortgage capital certificates shall be executed, confirmed, and validated under, and in accordance with, Article 3 of Title 36, known as the 'Revenue Bond Law,' except as otherwise provided in this part. The venue for all validation proceedings pur suant to this part shall be Fulton County, and the Superior Court of Fulton County 3044 JOURNAL OF THE HOUSE, shall have exclusive trial court jurisdiction over such proceedings. Mortgage capital cer tificates issued shall have a certificate of validating bearing the facsimile signature of the clerk of the Fulton County Superior Court stating the date on which said bonds were validated and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. The corporation shall reimburse the district attorney for his actual costs associated with the bond validation proceedings, if any. The fees payable to the clerk of the Fulton County Superior Court for validation and confirmation shall be as follows for each certificate, regardless of the denomination of such certificate: $1.00 each for the first 100 certificates, 25t for each of the next 400 certificates, and 10iegti|-/ijL-jCn-rrsi zOr 3o7 tt threagfe 1$ W; 19; 31; 26j and 28 ef this title? Article Id ef- Chapter a ef- Title 36? ada*y rate er regulation dtriy promulgated thereunder. 31-5-21. The commissioner or his delegate or the director of any county board of health, in addition to other procedures now or hereafter provided, may obtain an inspec tion warrant under the conditions specified in this chapter. Such warrant shall authorize the commissioner or the director of any county board of health, or the agents of either, or the Department of Agriculture, as appropriate, to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this title or any provision of law which authorizes licensure, inspection, or regulation by the Department of Human Resources or a local agency thereof, provided that only the Commissioner of Agriculture shall have the authority to obtain an inspection warrant in connection with matters aris ing under Chapter 25 of this title." Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Anderson YArgo Y Auten Y Balkcom Bargeron YBaugh BeaJ YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Branch YBray Brooks YBuck YBurruss N Burton YByrd YCason Y Castleberry N Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Y Coleman Y Collins Colwell Y Cornell Y Couch YCra Y Crawford Y Crosby Culpepper Cummings Y Darden Daugherty Y Davis.B N Davis,J Y Davis.L Dean Dent Y Dixon Dobbs N Dover Y Edwards Elliott Y Evans Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover Y Godbee Greer YHam Hamilton Manner Y Harris Y Harrison Y Hasty Hawkins YHays Hill Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Jackson,J Y Jackson.N Y Jackson, W Y Jessup Y Johnson.G Y Johnson,R Jones,B Y Jones,H Y Karrh Kemp Y Kilgore Y Lambert Y Lane,D Lane.R Y Lawson YLee Y Logan Long YLord YLowe Lucas Mangum Mann Y Marcus Y Martin Y Matthews McCollum Y McDonald McKinney Y Miles Milford N Montgomery Y Moody Y Moore Mostiler Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Phillips,L.L Y Phillips.RT Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Sizemore N Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Walker Y Wall Ware Y Watson White Widener Y Williams,B.J Williams.H Williams,R Y Wilson Y Wood,J Wood,J.T Y Workman Speaker Murphy FRIDAY, MARCH 26, 1982 3153 On the passage of the Bill, by substitute, the ayes were 114, nays 6. The Bill, having received the requisite constitutional majority, was passed, by substi tute. The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto: HB 1435. By: Representatives Parham of the 109th and Baugh of the 108th: A BILL to amend Code Title 79A, relating to the manufacture, production, distribution, and use of drugs, medicines, poisons, so as to amend the list of dangerous drugs; to amend the exemptions from the list of dangerous drugs; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate amendment was read: Amend HB 1435 by striking on Page 3, line 13 and on Page 58, line 3 the following: "$500.00", and inserting in lieu thereof the following: "$2,500.00". Representative Parham of the 109th moved that the House disagree to the Senate amendment to HB 1435. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 1319. By: Representatives Scott of the 123rd, Hill of the 127th, Phillips of the 125th, Triplett of the 128th, and Chance of the 129th: A BILL to amend an Act relat ing to the school system of the City of Savannah and Chatham County, so as to provide new and different districts for the election of members of the board of education; and for other purposes. HB 371. By: Representatives Nix of the 20th and Darden of the 19th: A BILL to amend Code Section 22-5106, relating to execution of instruments conveying interest in real property, so as to provide for the execution of instruments releasing a secu rity agreement; and for other purposes. The following Bills and Resolution of the House were taken up for the purpose of con sidering the Senate amendments or substitutes thereto: HB 1964. By: Representative Dover of the llth: A BILL to amend an Act creating the office of tax commissioner of Habersham County, so as to change the salary of the tax commissioner, the method of filling vacancies in office, and the required hours of operation of the tax commissioner's office; and for other purposes. 3154 JOURNAL OF THE HOUSE, The following Senate amendments were read: Senate Amendment No. 1 Amend HB 1964 by adding after the period on line 29 of page 2 the following: "All funds collected or held by the tax commissioner shall be deposited in one or more interest-bearing demand accounts; and interest earned shall be paid to the county and the county school district in proportion to their shares of the principal deposits." Senate Amendment No. 2 Amend HB 1964 by striking from lines 20 and 21 of page 2 the following: ", at least four of which hours shall be on Saturday.", and inserting in lieu thereof the following: ". During the period of February 1 through March 31 of each year, at least four of said 40 hours shall be on Saturday of each week." Representative Dover of the llth moved that the House agree to the Senate amend ments to HB 1964. On the motion, the ayes were 103, nays 0. The motion prevailed. HB 73. By: Representatives Phillips of the 125th and Swann of the 90th: A BILL to amend Code Section 26-1812, relating to the punishment for certain crimes of theft, so as to change the penalty provisions relating to the crimes of theft; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 26-1812, relating to the punishment for certain crimes of theft, as amended, so as to change the penalty provisions relating to the crimes of theft; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Section 26-1812, relating to the punishment for certain crimes of theft, as amended, is amended by striking from Code Section 26-1812 the caption, intro ductory language, and subsection (a) and inserting in lieu thereof the following: "Punishment. A person convicted of violation of Sections 26-1802, 26-1803, 26-1805, 26-1806, 26-1807, 26-1808, 26-1815 and 26-1816 shall be punished as for a misdemeanor except: (a) If the property which was the subject of the theft exceeded $200.00 $500.00 in value, or was an automobile or other motor vehicle, by imprisonment for not less than one and not more than 10 years, or, in the discretion of the trial judge, as for a misde meanor;". FRIDAY, MARCH 26, 1982 3155 Part 2 Section 2. Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses involving theft, is amended by replacing Code Section 16-8-12 with a new Code section to read as follows: "16-8-12. A person convicted of violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor except: (1) If the property which was the subject of the theft exceeded $200.00 $500.00 in value, by imprisonment for not less than one nor more than ten years or, in the dis cretion of the trial judge, as for a misdemeanor; (2) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his duties as such officer or employee, by imprisonment for not less than one nor more than 15 years; (3) If the crime committed was a violation of Code Section 16-8-2 and if the prop erty which was the subject of the theft was a memorial to the dead or any ornamenta tion, flower, tree, or shrub placed on, adjacent to, or within any enclosure of a memorial to the dead, by imprisonment for not less than one nor more than three years. Nothing in this paragraph shall be construed as to cause action taken by a cem etery, cemetery owner, lessee, trustee, church, religious or fraternal organization, cor poration, civic organization, or club legitimately attempting to clean, maintain, care for, upgrade, or beautify a grave, gravesite, tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead to be a criminal act; or (4) (A) The provisions of paragraph (1) of this Code section notwithstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $100.00 in value, by imprisonment for not less than one nor more than 20 years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a sec ond offense under this paragraph shall be punished by imprisonment for not less than three years nor more than 20 years, no portion of which may be suspended, probated, deferred, or withheld; and any person who is convicted of a third offense under this paragraph shall be punished by imprisonment for not less than ten years nor more than 20 years, no portion of which may be suspended, probated, deferred, or withheld. (B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7." Part3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Phillips of the 125th moved that the House agree to the Senate substi tute to HB 73. On the motion, the roll call was ordered and the vote was as follows: Aaron Adams,G Adams,J Y Adams,M Y Aiken Y Anderson Y Argo Y Auten Balkcom Y Bargeron Y Baugh Beal Y Beck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Branch Y Bray Brooks Y Buck Y Burruss Y Burton Y Byrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L 3156 JOURNAL OF THE HOUSE, Y Colbert Coleman Y Coffins Y Colwell Y ConneU Y Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis.B Y Davis,J Davis.L Dean Dent Y Dijon YDobbs Y Dover Edwards Elliott Y Evans Y Felton Y Fortune Foster Y Fuller.C YGaler Y Ginsberg Glover YGodbee Greer YHam Hamilton Y Manner Y Harris Y Harrison Y Hasty Hawkins YHays Hill Holmes Y Hooks Home Y Hutchinson Ylrvin 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 YKarrh Kemp Y Kilgore Y Lambert Y LaneJ) YLane,R Y Lawson YLee YLogan Long YLord YLowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinaz Y Nicholson YNix Y Oliver On the motion, the ayes were 134, nays 0. The motion prevailed. Y Padgett YParham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips,L.L Y Phillips,R.T Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams,B.J Williaras.H Y Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy HB 1191. By: Representative Phillips of the 125th: A BILL to amend Code Chapter 3-10, relating to limitations of actions for torts, so as to change the fire departments to which Code Section 3-1004.1 is applicable; to renumber Code Section 3-1004.1; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate amendment was read: Amend HB 1191 by striking from line 1 of page 2 and from line 28 of page 2 the fol lowing: "or in". Representative Phillips of the 125th moved that the House agree to the Senate amendment to HB 1191. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams,J Y Adams.M YAiken Y Anderson YArgo Y Auten Y Balkcom Y Bargeron YBaiigh Beal YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Branch YBray Brooks YBuck YBurruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Y Colbert Coleman Y Collins Y Colwell Y Connell Y Couch YCoi Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis,B Y Davis,J Y Davis,L Dean Dent Y Dixon YDobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover YGodbee Greer YHam Hamilton Y Manner Y Harris Y Harrison Y Hasty Hawkins YHays Hill Holmes Y Hooks Home Y Hutchinson Ylrvin Y Isakson Jackson.J Y Jackson.N FRIDAY, MARCH 26, 1982 3157 Y Jackson, W Jessup Y Johnson.G Y Johnson,R YJones.B YJones,H YKarrh YKemp Y Kilgore Y Lambert Y Lane.D YLane,R Y Lawson Y Lee YLogan Long Lord YLowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNii Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips.LX Phillips,R.T Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson Y Rose Ross On the motion, the ayes were 135, nays 0. The motion prevailed. Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre Y Snow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Williams,B.J Williams,H Y Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy HB 218. By: Representatives Colwell of the 4th and Hays of the 1st: A BILL to amend an Act to revise, supersede, and consolidate the laws relating to the Board of Offender Rehabilitation and to prisons, public work camps, and prisoners, so as to provide for the placement of detainers of prison inmates having outstanding sentences; and for other purposes. The following Senate substitute was read: A BILL To amend an Act to comprehensively and exhaustively revise, supersede, and consoli date the laws relating to the Board of Offender Rehabilitation and to prisons, public works camps, and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, par ticularly by an Act approved April 8, 1968 (Ga. L. 1968, p. 1110), as amended, so as to provide for the placement of detainers of prison inmates having outstanding sentences; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act to comprehensively and exhaustively revise, supersede, and consol idate the laws relating to the Board of Offender Rehabilitation and to prisons, public works camps, and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved April 8, 1968 (Ga. L. 1968, p. 1110), as amended, is amended by striking Section 33.9, relating to the definition of the word "detainer," in its entirety and substituting in lieu thereof a new Section 33.9 to read as follows: "Section 33.9. For the purposes of this Act the word 'detainer' shall mean a written instrument executed by the prosecuting officer of a court and filed with the State Beaid of Corrections Department of Offender Rehabilitation requesting that the State Beafd ef- Corrections Department of Offender Rehabilitation retain custody of an inmate pend ing delivery of the inmate to the proper authorities to stand trial upon a pending indict ment, accusation or information, or to await final disposition of ajl appeals and other motions which are pending on any outstanding sentence, and to which is attached a copy of the indictment, accusation2 er information, or conviction which constitutes the basis of the request. The request shall contain a statement that the prosecuting officer desires and intends to bring the inmate to trial upon the pending indictment, accusation^ or 3158 JOURNAL OF THE HOUSE, information! and in the case of an outstanding sentence, that he intends to seek final disposition of all appeals and other motions." Part 2 Section 2. Code Section 42-6-1 of the Official Code of Georgia Annotated, relating to definitions pertaining to detainers, is amended by striking paragraph (3) of said Code section in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: "(3) 'Detainer' means a written instrument executed by the prosecuting officer of a court and filed with the department requesting that the department retain custody of an inmate pending delivery of the inmate to the proper authorities to stand trial upon a pending indictment or accusation, or to await final disposition of all appeals and other motions which are pending on any outstanding sentence, and to which is attached a copy of the indictment^ e* accusation, or conviction which constitutes the basis of the request. The request shall contain a statement that the prosecuting officer desires and intends to bring the inmate to trial upon the pending indictment or accusation and in the case of an outstanding sentence, that he intends to seek final disposition of all appeals and other motions." Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Colwell of the 4th moved that the House agree to the Senate substi tute to HB 218. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Adams,G Y Adams.J Y Adams.M Y Aiken Y Andersen Y Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Branch YBray Brooks YBuck Y Bumiss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Clark.B Y Clark,L Y Colbert Coleman Y Collins Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis.B Y Davis,J Y Davis,L Dean Dent Y Dixon Y Dobbs Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Ginsberg Glover Y Godbee Greer YHam Hamilton Y Hanner Y Harris Y Harrison Y Hasty Hawkins YHays Hill Holmes Y Hooks Home Y Hutchinson Irvin Y Isakson Jackson,J Y Jackson.N Y Jackson.W Y Jessup Y Johnson.G Y Johnson,R Y Jones,B Y Jones,H Y Karrh YKemp Y Kilgore Y Lambert Y Lane.D YLane,R Y Lawson YLee Y Logan Long YLord YLowe Lucas Y Mangum Mann Y Marcus Y Martin Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Mullinax Y Nicholson YNii Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips,L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston YRamsey Randall Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Thomas Y Thompson Y Townsend Y Triplet! YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey FRIDAY, MARCH 26, 1982 3159 Y Waddle Y Walker YWaU Y Ware Y Watson White Y Widener Y Williams,B.J WiUiams.H On the motion, the ayes were 134, nays 0. The motion prevailed. Y Williams.R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy HB 530. By: Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th, Tuten of the 153rd and Evans of the 84th: A BILL to amend an Act providing for personal jurisdiction over nonresidents, so as to provide for jurisdiction over certain nonresidents with respect to actions involving alimony, child support, and division of property in connection with divorce; and for other purposes. The following Senate substitute was read: A BILL To amend an Act providing for personal jurisdiction over nonresidents, approved March 10, 1966 (Ga. L. 1966, p. 343), as amended, so as to provide for jurisdiction over and service upon certain nonresidents with respect to actions involving alimony, child sup port, and division of property in connection with divorce; to provide for related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Parti Section 1. An Act providing for personal jurisdiction over nonresidents, approved March 10, 1966 (Ga. L. 1966, p. 343), as amended, is amended by adding a new Section 1.1 to read as follows: "Section 1.1. A court of this state may exercise personal jurisdiction over any nonresi dent, or his executor or administrator, as to actions involving alimony, child support, and division of property in connection with or arising from divorce as if the nonresident were a resident of this state if the nonresident: (1) Maintained a matrimonial domicile in this state at the time of the commence ment of the action or prior thereto; (2) Executed in this state an agreement on which the action is based; (3) Sent the person to whom the obligation sought to be enforced is owed into this state; or (4) Entered into the marriage from which the action arises in this state." Section 2. Said Act is further amended by replacing Section 3 with a new section to read as follows: "Section 3. A person subject to the jurisdiction of the courts of the State under Sec tion 1 or Section 1.1 of this Act, or his executor or administrator, may be served with a summons without the State, in the same manner as service is made within the State, by any person authorized to make service by the laws of the state, territory, possession or country in which service is made or by any duly qualified attorney, solicitor, barrister, or equivalent in such jurisdiction." Part 2 Section 3. Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Anno tated, relating to personal jurisdiction over nonresidents, is amended by adding a new Code Section 9-10-91.1 to read as follows: "90-10-91.1. A court of this state may exercise personal jurisdiction over any nonresi dent, or his executor or administrator, as to actions involving alimony, child support, 3160 JOURNAL OF THE HOUSE, and division of property in connection with or arising from divorce as if the nonresident were a resident of this state if the nonresident: (1) Maintained a matrimonial domicile in this state at the time of the commence ment of the action or prior thereto; (2) Executed in this state an agreement on which the action is based; (3) Sent the person to whom the obligation sought to be enforced is owed into this state; or (4) Entered into the marriage from which the action arises in this state." Section 4. Said article is further amended by replacing Code Section 9-10-94 with a new Code Section to read as follows: "9-10-94. A person subject to the jurisdiction of the courts of the state under Code Section 9-10-91 or Code Section 9-10-91.1, or his executor or administrator, may be served with a summons outside the state in the same manner as service is made within the state by any person authorized to make service by the laws of the state, territory, possession, or country in which service is made or by any duly qualified attorney, solici tor, barrister, or the equivalent in such jurisdiction." PartS Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Representative Snow of the 1st moved that the House agree to the Senate substitute to HB 530. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Adams,G Y Adaras.J Y Adams.M Y Aiken Y Anderson YArgo Y Auten Y Balkcom Bargeron YBaugh Seal YBeck Y Benefield Benn Birdsong Bishop Bolster Y Branch Bray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y ChUders Y Childs Clark.B Clark,L Y Colbert Coleman Y Collins Colwell Y Connell Y Couch YCox Y Crawford Crosby Culpepper Y Cummings Y Darden Daugherty DavisJB Davis.J Y Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover YGodbee Greer Ham Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks Home Y Hutchinson Ylrvin Ylsakson Y Jackson,J Y Jackson.N Y Jackson,W Y Jessup Y Johnson.G Y Johnson,R Y Jones,B Y Jones,H YKarrh YKemp Y Kilgore Y Lambert YLane,D Y Lane,R Y Lawson YLee Y Logan Long YLord YLowe Lucas Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNii Y Oliver Y Padgett YParham Y Patten Y Perry Peters Y Phillips,B Phil!ips,L.L Phillips,R.T Y Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston YRamsey Randall Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Smyre YSnow Y Steinberg YSwann Y Thomas Y Thompson Townsend Triplett YTuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Widener Y Williams,B.J Williams.H Y Williams,R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy FRIDAY, MARCH 26, 1982 3161 On the motion, the ayes were 125, nays 0. The motion prevailed. HB 1406. By: Representatives Snow of the 1st, Culpepper of the 98th, Darden of the 19th, Williams of the 48th, Evans of the 84th and Tuten of the 153rd: A BILL to amend the "Child Support Recovery Act," so as to provide that information obtained by the Department of Human Resources may be utilized for locating a parent or child for the purpose of making or enforcing a child custody deter mination or in cases of parental kidnapping; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate amendment was read: Amend HB 1406 by striking from line 23 of page 1 and from line 12 of page 2 the following: "making or". Representative Snow of the 1st moved that the House agree to the Senate amendment to HB 1406. 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 Anderson YArgo Y Auten Y Balkcom Bargeron Y Baugh Beal Beck Y Benefield Benn Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark,B Y Clark,L Colbert Coleman Y Collins Colwell Y Connell Y Couch Cox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Davis,B Davis,J Y Davis,L Dean Dent Y Dixon Dobbs Y Dover Y Edwards Y Elliott Evans Y Felton Y Fortune Foster Fuller.C YGaler Y Ginsberg Glover Y Godbee Y Greer YHam Hamilton Y Hanner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks YHorne Y Hutchinson Ylrvin Y Isakson Y Jackson,J Jackson.N Y Jackson, W Jessup Y Johnson,G Y Johnson.R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan Long YLord YLowe Lucas Y Mangum Mann Y Marcus Martin Y Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Mullinax Y Nicholson Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips.L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Thomas Y Thompson Y Townsend Triplett Y Tuten Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y Williams,B.J Williams.H Williams.R Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the motion, the ayes were 120, nays 0. The motion prevailed. HB 1407. By: Representatives Snow of the 1st, Darden of the 19th, Bray of the 70th, Tuten of the 153rd, Evans of the 84th and Williams of the 48th: A BILL to 3162 JOURNAL OF THE HOUSE, amend an Act known as the "Child Support Recovery Act," so as to redefine "earnings" so that unemployment compensation benefits are subject to inter ception for the purpose of enforcing support obligations; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate amendment was read: Amend HB 1407 by adding on line 7 of page 1 after the following: "obligations;", the following: "to amend Code Chapter 24-27A, relating to child support receivers, so as to authorize a child support receiver to initiate contempt proceedings against any individual required to make child support payments under certain circumstances;". By adding between line 4 and line 5 of page 2 the following: "Section 2. Code Chapter 24-27A, relating to child support receivers, is amended by adding between Code Section 24-2702a and 24-2703a a new Code Section 24-2702a.l to read as follows: '24-2702a.l. Contempt. Whenever any person required to furnish support to a minor by payments through a child support receiver and whenever such payments are not made in accordance with the judicial order or written agreement, the child support receiver shall be authorized to bring an action for contempt against the person required to make such payments. Any such action shall be brought pursuant to Code Section 30-204 and shall be brought in the court which originally ordered the payment of child support.'" By striking from line 6 of page 2 the following: "Section 2", and inserting in lieu thereof the following: "Section 3". By adding between line 24 and line 25 of page 2 the following: "Section 4. Chapter 15 of Title 15 of the Official Code of Georgia Annotated, relating to child support receivers, is amended by adding between Code Section 15-15-4 and Code Section 15-15-5 a new Code Section 15-15-4.1 to read as follows: '15-15-4.1. Whenever any person required to furnish support to a minor by pay ments through a child support receiver and whenever such payments are not made in accordance with the judicial order or written agreement, the child support receiver shall be authorized to bring an action for contempt against the person required to make such payments. Any such action shall be brought pursuant to Code Section 19-6-4 and shall be brought in the court which originally ordered the payment of child support.'" By striking from line 26 of page 2 the following: "Section 3", and inserting in lieu thereof the following: "Section 5". By striking from line 3 of page 3 the following: "Section 4", FRIDAY, MARCH 26, 1982 3163 and inserting in lieu thereof the following: "Section 6". Representative Snow of the 1st moved that the House agree to the Senate amendment to HB 1407. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson YArgo Y Auten N Balkcom Bargeron YBaugh Beal YBeck Y Benefield Benn Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Y Clark,L Y Colbert Coleman Y Collins Colwell Connell Y Couch Cox Y Crawford Y Crosby Culpepper Y Cummings Darden Daugherty Davis.B Y Davis,J Y Davis,L Dean Dent Y Dixon Dobbs Y Dover Edwards Y Elliott Y Evans Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover YGodbee Y Greer YHam Hamilton Y Manner Y Harris Harrison Y Hasty Hawkins YHays Hill Holmes Y Hooks Y Home Y Hutchinson Ylrvin Ylsakson Y Jackson,J Jackson.N Y Jackson.W Jessup Y Johnson.G Y Johnson,R Y Jones,B Jones,H YKarrh YKemp Y Kilgore Y Lambert YLane,D Y Lane.R Y Lawson YLee Y Logan Long YLord YLowe Lucas Y Mangum Mann Y Marcus Y Martin On the motion, the ayes were 120, nays 2. The motion prevailed. Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Mullinax Y Nicholson Nix Y Oliver Y Padgett YParham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips.L.L Y Phillips,R.T N Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Ralston YRamsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Smyre YSnow Y Steinberg YSwann Thomas Thompson Y Townsend Triplett YTuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker YWall Ware Y Watson Y White Y Widener Y Williams,B.J Williams.H Y Williams,R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy HB 1408. By: Representatives Snow of the 1st, Culpepper of the 98th, Williams of the 48th, Evans of the 84th, Tuten of the 153rd and Bray of the 70th: A BILL to amend an Act known as the "Child Support Recovery Act," so as to define and redefine certain terms to include both child and spousal support within the cov erage of the Act; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate substitute was read: A BILL To amend an Act known as the "Child Support Recovery Act," approved March 28, 1973 (Ga. L. 1973, p. 192), as amended, particularly by an Act approved April 7, 1976 (Ga. L. 1976, p. 1537), so as to provide that individuals who do not receive public assistance and apply to the Department of Human Resources for services under this Act will be deemed to have made an assignment to the department of their support rights; to provide 3164 JOURNAL OF THE HOUSE, that the child support receiver shall remit support payments to the Department of Human Resources upon proper certification by the department; to provide that all officials collect ing support payments shall remit these payments to the Department of Human Resources upon the department's certification that an application for enforcement of support has been properly filed; to amend the Official Code of Georgia Annotated accordingly; to pro vide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act known as the "Child Support Recovery Act," approved March 28, 1973 (Ga. L. 1973, p. 192), as amended, particularly by an Act approved April 7, 1976 (Ga. L. 1976, p. 1537), is amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: "Section 5. Acceptance of Public Assistance Operates As An Assignment, (a) By accepting public assistance for or on behalf of a child or children, the recipient shall be deemed to have made an assignment to the Department of the right to any child sup port owed for the child. The Department shall be subrogated to the right of the child or children or the person having custody to initiate any support action existing under the laws of this State and to recover any payments ordered by the courts of this or any other state. Amounts collected by the Department shall be distributed and deposited by the Department in conformity with law. (b) Whenever a family for whom child support payments have been collected and distributed under this Act ceases to receive public assistance, the Department may con tinue to collect such support payments from the absent parent in accordance with stan dards prescribed pursuant to the Federal Social Security Act. (c) The Department may accept applications for child support enforcement services from any proper party or person notwithstanding the fact that the child or children do not receive public assistance. When made, this application to the Department shall con stitute an assignment of the right to support to the Department and the proceeds of any collections resulting from such application shall be distributed in accordance with the standards prescribed in the Federal Social Security Act." Section 3. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: "Section 7. Duty of Department to Obtain Support, (a) Whenever the Department receives an application for public assistance on behalf of a child and it shall appear that the child has been abandoned by one or both parents, or that the responsible parent has failed to provide support to the child, it is the Department's responsibility to take appropriate action under this Act, the child support statutes or other appropriate State and federal statutes to assure that the responsible parent supports the child. (b) The Department may accept applications for child support enforcement services from a custodian of a minor child who is not a recipient of public assistance and may take appropriate action under this Act, the child support statutes or other State and federal statutes to assure that the responsible parent supports said child. The Depart ment shall may provide that a reasonable application fee be charged each individual who applies for services under this subsection. M the costs incurred by the Department providing services fe* a individual under this subsection exceed :the application fee-, the I-'epflrtmerit sflsii T&C silowed to deduct s&id costs iroui' ftny cmid support pflynients recovered far that individual." Section 3. Said Act is further amended by striking Section 16 in its entirety and inserting in lieu thereof a new Section 16 to read as follows: "Section 16. Payment of Support. Payment of support pursuant to administrative determination or voluntary agreement shall be made to the Department. In non-AFDC cases, where the Department deems it appropriate, it may authorize distribution of the actual payment by other individuals, agencies, or entities and utilize certification sched ules reflecting such payments or distributions which the Department requires, in accord ance with the Federal Social Security Act, as amended. Child support ordered by a court FRIDAY, MARCH 26, 1982 3165 pursuant to a divorce decree or in any other proceeding in which the responsible parent is required to pay support for his child or children, whether such proceeding is civil or criminal, shall be paid by the responsible parent, the clerk of court, probation officer2 child support receiver, or similar official collecting support to the Department upon the Department's certification that the child is a recipient of public assistance or upon the Department's certification that an application has been filed with the Department for enforcement of support in accordance with the provisions of the Federal Social Security Act." Part 2 Section 4. Said chapter is further amended by striking Code Section 19-11-6 in its entirety and inserting in lieu thereof a new Code Section 19-11-6 to read as follows: "19-11-6. (a) By accepting public assistance for or on behalf of a child or children, the recipient shall be deemed to have made an assignment to the department of the right to any child support owed for the child. The department shall be subrogated to the right of the child or children or the person having custody to initiate any support action existing under the laws of this state and to recover any payments ordered by the courts of this or any other state. Amounts collected by the department shall be distrib uted and deposited by the department in conformity with law. (b) Whenever a family for whom child support payments have been collected and distributed under this article ceases to receive public assistance, the department may continue to collect such support payments from the absent parent in accordance with standards prescribed pursuant to the federal Social Security Act. (c) The department may accept applications for child support enforcement services from any proper party or person notwithstanding the fact that the child or children do not receive public assistance. When made, this application to the department shall con stitute an assignment of the right to support to the department and the proceeds of any collections resulting from such application shall be distributed in accordance with the standards prescribed in the federal Social Security Act." Section 5. Said chapter is further amended by striking Code Section 19-11-8 in its entirety and inserting in lieu thereof a new Code Section 19-11-8 to read as follows: "19-11-8. (a) Whenever the department receives an application for public assistance on behalf of a child and it appears that the child has been abandoned by one or both parents or that the responsible parent has failed to provide support to the child, it is the department's responsibility to take appropriate action under this article, the child support statutes, or other appropriate state and federal statutes to assure that the responsible parent supports the child. (b) The department may accept applications for child support enforcement services from a custodian of a minor child who is not a recipient of public assistance and may take appropriate action under this article, the child support statutes, or other state and federal statutes to assure that the responsible parent supports the child. The depart ment shall may provide that a reasonable application fee be charged each individual who applies for services under this subsection. If- the costs incurred by the department i providing services for an individual nder this subsection exceed the application fee; the department shall be allowed te deduct the costs frost eaty child support payments rocovered for that individual." Section 6. Said chapter is further amended by striking Code Section 19-11-21 in its entirety and inserting in lieu thereof a new Code Section 19-11-21 to read as follows: "19-11-21. Payment of support pursuant to an administrative determination or a vol untary agreement shall be made to the department. In non-AFDC cases, where the department deems it appropriate, it may authorize distribution of the actual payment by other individuals, agencies, or entities and utilize certification schedules reflecting such payments or distributions which the department requires, in accordance with the federal Social Security Act, as amended. Child support which is ordered by a court pur suant to a divorce decree or in any other proceeding in which the responsible parent is 3166 JOURNAL OF THE HOUSE, required to pay support for his child or children, whether the proceeding is civil or crim inal, shall be paid by the responsible parent, the clerk of court, the probation officer, the child support receiver, or a similar official who is collecting support to the depart ment upon the department's certification that the child is a recipient of public assist ance or upon the department's certification that an application has been filed with the department for enforcement of support in accordance with the provisions of the federal Social Security Act." Part3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. Representative Snow of the 1st moved that the House agree to the Senate substitute to HB 1408. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams,J Y Adams,M Y Aiken Y Anderson YArgo YAuten Y Balkcom Bargeron Y Baugh Beal YBeck Benefield Benn Y Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Y Colbert Coleman Y Collins Colwell Y Connell Y Couch Cox Y Crawford Crosby Cul pepper Y Cummings Y Darden Daugherty Y Davis,B Davis,J Y Davis,L Dean Dent Y Dixon Dobbs Y Dover Y Edwards Y Elliott Evans Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover Y Godbee Y Greer YHam Y Hamilton Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Holmes Y Hooks Y Home Y Hutchinson Ylrvin Y Isakson Y Jackson,J Jackson,N Y Jackson.W Jessup Y Johnson.G Y Johnson,R Y Jones.B Y Jones,H YKarrh YKemp Y Kilgore Y Lambert Y Lane,D Lane.R YLawson Lee YLogan Long YLord YLowe Lucas Y Mangum Mann Y Marcus Y Martin On the motion, the ayes were 124, nays 0. The motion prevailed. Y Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Moody Y Moore Mostiler Y Mullinax Y Nicholson Nil Y Oliver Y Padgett YParham Y Patten Y Perry Y Peters Y Phillips,B Phillips.L.L Y Phillips,R.T Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Ralston Y Ramsey Randall Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith,V Smyre YSnow Y Steinberg YSwann Thomas Y Thompson Y Townsend Triplett YTuten Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams,B.J Williams,H Williams.R Y Wilson Wood,J Y Wood,J.T Y Workman Speaker Murphy HB 1724. By: Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and Evans of the 84th: A BILL to amend Code Section 15-9-30 of the Official Code of Georgia Annotated, relating to jurisdiction of probate courts, so as to FRIDAY, MARCH 26, 1982 3167 more fully enumerate the powers and duties of prohate courts; and for other purposes. The following Senate amendment was read: Amend HB 1724 by adding on Page 3, line 1 a new subsection (10) to read as follows: "(10) Hold criminal commitment hearings; and", and renumbering subsection "(10)" as subsection "(11)", and by striking on Page 3, lines 3 through 6 in their entirety. Representative Snow of the 1st moved that the House agree to the Senate amendment to HB 1724. 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 Anderson YArgo Y Auten Y Balkcom Bargeron Y Baugh Beal YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Cautleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Y Clark,L Y Colbert Y Coleman Y Collins Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Y Daugherty Y Davis,B Y Davis,J Y Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y EUiott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover YGodbee Greer YHam Y Hamilton Y Banner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill Holmes Y Hooks YHorne Y Hutchinson Ylrvin Y Isakson Y Jackson,J Jackson,N Y Jackson, W Jessup Y Johnson,G Y Johnson.R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson YLee YLogan Long YLord YLowe Lucas Y Mangum Mann Marcus Y Martin On the motion, the ayes were 138, nays 0. The motion prevailed. Y Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips,B Y Phillips,L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Thomas Y Thompson Townsend Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson Y White Y Widener Y Williams.BJ Williams.H Y Williams.R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy HB 1508. By: Representatives Darden, Thompson and Wilson of the 19th, Nix of the 20th and Burruss of the 21st: A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide immu nity from civil liability for teachers and school personnel giving information of minor drug abuse to parents, health care providers, and law enforcement offi cials; and for other purposes. The following Senate amendment was read: 3168 JOURNAL OF THE HOUSE, Amend HB 1508 by adding on Page 1, line 15, after the word "information" the fol lowing: "in good faith". Representative Darden of the 19th moved that the House agree to the Senate amend ment to HB 1508. 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 Aiken Y Andersen YArgo Y Auten Balkcom Bargeron Y Baugh Beat YBeck Y Benefield Benn Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark,B Y Clark.L Y Colbert Coleman Y Collins Y Colwell Y Connell Y Couch Cox Y Crawford Crosby Culpepper Y Cummings Y Darden Y Daugherty Y Davis.B Y Davis,J Y Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Ginsberg Glover Y Godbee Y Greer YHam Y Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson.N Y Jackson, W Jessup Y Johnson.G Y Johnson.R Y Jones,B Y Jones.H YKarrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan Long YLord Lowe Lucas Y Mangum Mann Marcus Y Martin On the motion, the ayes were 131, nays 0. The motion prevailed. Y Matthews Y McCoIlum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Peters Phillips,B Y Phillips,L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Swann Thomas Y Thompson Townsend Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson Y White Widener Y Williams.B.J Williams.H Y Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy HR 793. By: Representatives Childs of the 51st, Richardson of the 52nd, Steinberg of the 46th, Williams of the 48th, Hawkins of the 50th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of the spouse and all members of the family who reside at and occupy the homestead of such resident, does not exceed $16,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes; and for other purposes. The following Senate substitute was read: A RESOLUTION Proposing an amendment to the Constitution so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and FRIDAY, MARCH 26, 1982 3169 whose gross income, together with the gross income of the spouse and all members of the family who reside at and occupy the homestead of such resident, does not exceed $16,000.00 per annum shall be granted an exemption from all DeKalb County School Dis trict ad valorem taxes on $20,000.00 of the value of the homestead owned and occupied by such resident; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is amended by striking therefrom that paragraph which reads as follows: "Any other provisions of this Constitution to the contrary notwithstanding, each resi dent of the DeKalb County School District who is 62 years of age or over or who is dis abled is hereby granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a resi dence if his adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or hereafter amended), together with the adjusted gross income of his spouse and all other members of his family who also reside at and occupy such homestead, does not exceed $8,000.00 for the immediately preceding taxable year. Such adjusted gross income, as used herein, shall not include any Federal old-age, survivors or disability insurance benefits or any benefits under the Federal Railroad Retirement Act. Except for said Federal old-age, survivors or disability insurance benefits and benefits under said Federal Railroad Retirement Act, adjusted gross income, as used herein, shall include benefits received under a retirement or pension fund when such benefits are based on contributions made thereto by such resident or his spouse. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners of the Code of Georgia, as now or hereafter amended, certifying that in the opinion of such physician, or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such resident of the DeKalb County School District shall not receive the benefits of the homestead exemption provided for herein unless he, or an agent acting in behalf of such resident, files an affidavit with the Tax Commissioner of DeKalb County, giving his age, or if disabled, the certificate or certificates provided for herein, and the amount of income which he and his spouse and other members of his family occupying and residing at such homestead- received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the Tax Commissioner to make a determina tion as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any resi dent of the DeKalb County School District who has claimed the homestead exemption provided for herein to notify the Tax Commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. The General Assembly may pro vide by law for the proper administration of this exemption, including penalties neces sary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1978.", and substituting in lieu thereof the following paragraph: "Any other provisions of this Constitution to the contrary notwithstanding, each resi dent of the DeKalb County School District who is 62 years of age or over or who is dis abled is granted an exemption from all DeKalb County School District ad valorem taxes 3170 JOURNAL OF THE HOUSE, on the full value of his homestead owned and occupied by him as a residence if his adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or here after amended), together with the adjusted gross income of his spouse and all other members of his family who also reside at and occupy such homestead, does not exceed $8,000.00 for the immediately preceding taxable year and if the adjusted gross income of each such resident does not exceed $16,000.00 for the immediately preceding taxable year, each such resident is granted an exemption from all DeKalb County School Dis trict ad valorem taxes on $20,000.00 of the value of such homestead. Such adjusted gross income, as used herein, shall include any Federal old-age, survivors or disability insur ance benefits or any benefits under the Federal Railroad Retirement Act and benefits received under a retirement or pension fund when such benefits are based on contribu tions made thereto by such resident or his spouse. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the Official Code of Georgia Annotated, rela tive to medical practitioners, certifying that in the opinion of such physician, or physi cians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such resident of the DeKalb County School District shall not receive the benefits of the homestead exemption provided for herein unless he, or an agent acting in behalf of such resident, files an affidavit with the Tax Commissioner of DeKalb County, giving his age, or if disabled, the certificate or certificates provided for herein, and the amount of income which he and his spouse and other members of his family occupying and residing at such homestead received during the last taxable year for income tax pur poses, and such additional information relative to receiving the benefits of such exemp tion as will enable the Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the pro cessing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the DeKalb County School District who has claimed the homestead exemption provided for herein to notify the Tax Commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1982." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of the spouse and all members of the family who reside at and occupy the homestead of such resident, does not exceed $16,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on $20,000.00 of the value of the homestead owned and occupied by such resident?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos.."" All persons desiring to vote against ratifying the proposed amendment shall vote FRIDAY, MARCH 26, 1982 3171 If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Representative Childs of the 51st moved that the House agree to the Senate substitute to HR 793. On the motion, the ayes were 120, nays 0. The motion prevailed. HB 76. By: Representative Hutchinson of the 133rd: A BILL to amend an Act establishing the Employees' Retirement System of Georgia, so as to change the provisions relative to mandatory retirement age; and for other purposes. The following Senate substitute was read: A BILL To amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to provide that persons who become employees of the state as a result of a county probation system becoming a part of the statewide probation system shall have the right to remain members of local retirement systems under certain conditions; to provide that such employees may become members of the Employees' Retirement System and may transfer certain service as an employee of a county probation system to the Employees' Retirement System under cer tain conditions; to provide procedures and requirements for granting creditable service under the Employees' Retirement System for such employees who were not members of local retirement systems; to provide procedures, requirements, and other matters relative to the foregoing; to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to change the provi sions relative to mandatory retirement age; to provide that persons who become employees of the state as a result of a county probation system becoming a part of the state-wide probation system shall have the right to remain members of local retirement systems under certain conditions; to provide that such employees may become members of the Employees' Retirement System and may transfer certain service as an employee of a county probation system to the Employees' Retirement System under certain conditions; to provide procedures and requirements for granting creditable service under the Employ ees' Retirement System for such employees who were not members of local retirement sys tems; to provide procedures, requirements, and other matters relative to the foregoing; to provide effective dates; to provide for specific repeal on a certain date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, is amended by adding at the end of Section 4 a new subsection (21) to read as follows: "(21) (a) Any person becoming an employee of the state at any time on or after July 1, 1982, as a result of being employed by a county probation system which became a part of the statewide probation system administered by the Department of Offender Rehabilitation shall have the options and rights provided for by this subsection. The options available to any such employee under this subsection must be exercised within six months after the date the applicable county probation system became a part of the statewide probation system. Any such option shall be exercised by such employee notify ing, in writing, the Board of Trustees of the Employees' Retirement System, the com missioner of offender rehabilitation, the governing authority of the applicable county, 3172 JOURNAL OF THE HOUSE, and, when applicable, the board of trustees or other managing body of any local retire ment system of which the employee is a member. If the employee is a member of a local retirement system, such membership shall continue pending the exercise of an option provided by this subsection. The choice made by an employee in selecting an option pro vided by this subsection shall be irrevocable and may not at any time thereafter be rescinded or modified. (b) If an employee subject to this subsection was a member of a local retirement sys tem at the time the applicable county probation system became a part of the statewide probation system, such employee may either continue active membership in the local retirement system as provided in this paragraph or become a member of the Employees' Retirement System and transfer service as an employee of the county probation system to the Employees' Retirement System as provided in paragraph (c) of this subsection. An employee electing to continue membership in a local retirement system shall have the right to continue such membership, and the salary received by such employee as an employee of the Department of Offender Rehabilitation shall be the salary of such employee for all purposes under the local retirement system. Such employee shall con tinue to pay the employee contributions required under the local retirement system, and for such purposes, the Department of Offender Rehabilitation may enter into an agree ment with the board of trustees or other managing body of the local retirement system whereby the department may deduct such employee contributions from the compensa tion of the employee and pay the amount deducted to the local retirement system. Employer contributions for continued membership in the local retirement system shall be paid by the governing authority of the applicable county from county funds to the local retirement system. Any employee continuing membership under a local retirement system under this paragraph shall retain all rights, benefits, and privileges under the local retirement system in the same manner and to the same extent as if the employee remained an employee of the county. An employee electing to continue membership in a local retirement system shall not be and may not become a member of the Employees' Retirement System. (c) An employee who was a member of a local retirement system as provided in para graph (b) of this subsection may elect to become a member of the Employees' Retire ment System. Any such employee so electing may obtain creditable service under the Employees' Retirement System for all actual service previously rendered as an employee of the applicable county probation system. For each employee so electing, the governing authority of the applicable county or the board of trustees or other managing body of the applicable local retirement system, within 30 days after receiving the notice provided for in paragraph (a) of this subsection, shall pay to the Board of Trustees of the Employees' Retirement System an amount equivalent to the total employee contribu tions made by the employee to the local retirement system plus an additional amount, as determined by the Board of Trustees of the Employees' Retirement System, which, together with the employee contributions, shall be sufficient to grant the creditable ser vice under the Employees' Retirement System authorized by this paragraph without cre ating any accrued liability, as a result of granting such creditable service, against the Employees' Retirement System. The employee contributions paid to the Board of Trust ees under this paragraph shall be deposited by the board into the annuity savings fund as a credit to the member. Other funds paid to the Board of Trustees under this para graph shall be deposited by the board into the pension accumulation fund. Upon receiv ing the payments provided for by this paragraph, the Board of Trustees shall enter the creditable service provided for by this paragraph upon the records of the member. (d) If an employee subject to this subsection was not a member of a local retirement system at the time the applicable county probation system became a part of the state wide probation system, such employee shall become a member of the Employees' Retire ment System effective on the date the county probation system became a part of the statewide probation system. Any such member may purchase as creditable service under the Employees' Retirement System all or any portion of previous actual service rendered by the member as an employee of the applicable county probation system. Such credit able service may be purchased by the member's paying to the Board of Trustees all FRIDAY, MARCH 26, 1982 3173 employee contributions required under the Employees' Retirement System for the amount of creditable service claimed, plus an additional amount, as determined by the Board of Trustees of the Employees' Retirement System, which, together with the employee contributions, shall be sufficient to grant the creditable service under the Employees' Retirement System without creating any accrued liability, as a result of granting such creditable service, against the Employees' Retirement System. The basis for the employee contributions shall be the compensation the member received upon first becoming an employee of the Department of Offender Rehabilitation. The employee contributions paid to the Board of Trustees under this paragraph shall be deposited by the board into the annuity savings fund as a credit to the member. Other funds paid to the board under this paragraph shall be deposited by the board into the pension accumulation fund. Upon receiving the payments provided for by this paragraph, the Board of Trustees shall enter creditable service provided for by this paragraph upon the records of the member. The time limitation for exercising options provided for in para graph (a) of this subsection shall not apply to the purchase of creditable service under this paragraph. Any eligible member may purchase such creditable service at any time during the first five years of membership in the Employees' Retirement System and parts of such creditable service may be purchased from time to time during such fiveyear period. The Board of Trustees may establish payment schedules for eligible mem bers to purchase creditable service under this paragraph. (e) To the extent this subsection conflicts with or is inconsistent with the provisions of a local retirement or pension system affected by this subsection, whether such local retirement or pension system was created by law or by local ordinance, the provisions of this subsection shall control." Part 2 Section 2. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by striking subsection (b) of Code Section 47-2-110 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: "(b) Every employee shall be retired on the first day of the calendar month next suc ceeding that in which he attains the age of 70, provided that nothing in this chapter shall preclude the employment or continued employment of any member, regardless of age, with professional, scientific, or technical skills who is so certified to the board of trustees by his employe^ except that effective November lj 1982, no member may be required to retire because of age except the following members: (1) Those employed as prison guards by the Department of Offender Rehabilita tion; (2) Those employed by the Uniform Division of the Department of Public Safety as officers, noncommissioned officers, and troopers; (3) Those employed by the Department of Natural Resources as conservation rang ers; (4) Those employed by the Department of Revenue as alcohol and tobacco officers or agents; (5) Those employed as officers or agents of the Georgia Bureau of Investigation; (6) Those employed by the Department of Transportation as enforcement officers; and (7) Those employed by the State Board of Pardons and Paroles as parole officers as well as other employees of said board who possess the power of arrest, who shall be subject to mandatory retirement at age 65." Section 3. Said Chapter 2 of Title 47 is further amended by adding at the end of Part 9 of Article 8 a new Code Section 47-2-296 to read as follows: "47-2-296. (a) Any person becoming an employee of the state at any time on or after July 1, 1982, as a result of being employed by a county probation system which became a part of the state-wide probation system administered by the Department of 3174 JOURNAL OF THE HOUSE, Offender Rehabilitation shall have the options and rights provided for by this Code sec tion. The options available to any such employee under this Code section must be exer cised within six months after the date the applicable county probation system became a part of the state-wide probation system. Any such option shall be exercised by such employee notifying, in writing, the board of trustees of the Employees' Retirement Sys tem, the commissioner of offender rehabilitation, the governing authority of the applica ble county, and, when applicable, the board of trustees or other managing body of any local retirement system of which the employee is a member. If the employee is a mem ber of a local retirement system, such membership shall continue pending the exercise of an option provided by this Code section. The choice made by an employee in select ing an option provided by this Code section shall be irrevocable and may not at any time thereafter be rescinded or modified. (b) If an employee subject to this Code section was a member of a local retirement system at the time the applicable county probation system became a part of the state wide probation system, such employee may either continue active membership in the local retirement system as provided in this subsection or become a member of the Employees' Retirement System and transfer service as an employee of the county proba tion system to the Employees' Retirement System as provided in subsection (c) of this Code section. An employee electing to continue membership in a local retirement system shall have the right to continue such membership, and the salary received by such employee as an employee of the Department of Offender Rehabilitation shall be the sal ary of such employee for all purposes under the local retirement system. Such employee shall continue to pay the employee contributions required under the local retirement system, and for such purposes, the Department of Offender Rehabilitation may enter into an agreement with the board of trustees or other managing body of the local retire ment system whereby the department may deduct such employee contributions from the compensation of the employee and pay the amount deducted to the local retirement sys tem. Employer contributions for continued membership in the local retirement system shall be paid by the governing authority of the applicable county from county funds to the local retirement system. Any employee continuing membership under a local retire ment system under this subsection shall retain all rights, benefits, and privileges under the local retirement system in the same manner and to the same extent as if the employee remained an employee of the county. An employee electing to continue mem bership in a local retirement system shall not be and may not become a member of the Employees' Retirement System. (c) An employee who was a member of a local retirement system as provided in sub section (b) of this Code section may elect to become a member of the Employees' Retirement System. Any such employee so electing may obtain creditable service under the Employees' Retirement System for all actual service previously rendered as an employee of the applicable county probation system. For each employee so electing, the governing authority of the applicable county or the board of trustees or other managing body of the applicable local retirement system, within 30 days after receiving the notice provided for in subsection (a) of this Code section, shall pay to the board of trustees of the Employees' Retirement System an amount equivalent to the total employee con tributions made by the employee to the local retirement system plus an additional amount, as determined by the board of trustees of the Employees' Retirement System, which, together with the employee contributions, shall be sufficient to grant the credit able service under the Employees' Retirement System authorized by this subsection without creating any accrued liability, as a result of granting such creditable service, against the Employees' Retirement System. The employee contributions paid to the board of trustees under this subsection shall be deposited by the board into the annuity savings fund as a credit to the member. Other funds paid to the board of trustees under this subsection shall be deposited by the board into the pension accumulation fund. Upon receiving the payments provided for by this subsection, the board of trustees shall enter the creditable service provided for by this subsection upon the records of the member. (d) If an employee subject to this Code section was not a member of a local retire ment system at the time the applicable county probation system became a part of the FRIDAY, MARCH 26, 1982 3175 state-wide probation system, such employee shall become a member of the Employees' Retirement System effective on the date the county probation system became a part of the state-wide probation system. Any such member may purchase as creditable service under the Employees' Retirement System all or any portion of previous actual service rendered by the member as an employee of the applicable county probation system. Such creditable service may be purchased by the member's paying to the board of trust ees all employee contributions required under the Employees' Retirement System for the amount of creditable service claimed, plus an additional amount, as determined by the board of trustees, which, together with the employee contributions, shall be sufficient to grant the creditable service under the Employees' Retirement System without creating any accrued liability, as a result of granting such creditable service, against the Employ ees' Retirement System. The basis for the employee contributions shall be the compen sation the member received upon first becoming an employee of the Department of Offender Rehabilitation. The employee contributions paid to the board of trustees under this subsection shall be deposited by the board into the annuity savings fund as a credit to the member. Other funds paid to the board under this subsection shall be deposited by the board into the pension accumulation fund. Upon receiving the payments provided for by this subsection, the board of trustees shall enter creditable service provided for by this subsection upon the records of the member. The time limitation for exercising options provided for in subsection (a) of this Code section shall not apply to the pur chase of creditable service under this subsection. Any eligible member may purchase such creditable service at any time during the first five years of membership in the Employees' Retirement System and parts of such creditable service may be purchased from time to time during such five-year period. The board of trustees may establish pay ment schedules for eligible members to purchase creditable service under this subsec tion. (e) To the extent this Code section conflicts with or is inconsistent with the provi sions of a local retirement or pension system affected by this Code section, whether such local retirement or pension system was created by law or by local ordinance, the provi sions of this Code section shall control." PartS Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. Representative Hutchinson of the 133rd moved that the House agree to the Senate substitute to HB 76. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Adams,J Y Adams.M Y Aiken Y Anderson Y Argo YAuten Y Balkcom Bargeron Y Baugh Beat Y Beck Y Benefield Benn Birdsong Bishop Bolster Y Branch Y Bray Brooks Y Buck Y Burruss Y Burton Y Byrd Cason Y Castleberry YChamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark,B Y Clark,L Y Colbert Coleman Collins Y Colwell Y Connell Y Couch Cox Y Crawford Y Crosby Culpepper Cummings Y Darden Daugherty Y Davis.B Y Davis,J Y Davis.L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Fortune Y Foster Fuller.C Y Galer Ginsberg Glover Y Godbee Y Greer Y Ham Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins Y Hays Y Hill Y Holmes Y Hooks Y Home 3176 JOURNAL OF THE HOUSE, Y Hutchinson Y Irvin YIsakson Y Jackson,J Jackson,N Y Jackson.W Jessup Y Johnson.G Y Johnson,R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane,D Y Lane.R Y Lawson YLee Y Logan Long YLord Lowe Y Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham N Patten Y Perry Y Peters Phillips.B Phillips,L.L Phillips,R.T Y Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson On the motion, the ayes were 126, nays 1. The motion prevailed. YRose YRoss Y Rowland Y Russell Scott,A Scott.D Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Swann Thomas Y Thompson Townsend Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker YWall Y Ware Y Watson Y White Widener Y Williams,B.J Williams.H Y Williams.R Y Wilson Y Wood,J Wood,J.T Y Workman Speaker Murphy HB 1102. By: Representatives Culpepper of the 98th, Davis of the 45th, Bray of the 70th, Chambless of the 131st, Snow of the 1st and Darden of the 19th: A BILL to regulate the sale and offer to sell of certain subdivided land and practices per taining thereto; and for other purposes. The following Senate amendment was read: Amend HB 1102 by adding between lines 32 and 33 on page 23 a new paragraph (16) to read as follows: "(16) Where no representations, promises, or agreements are made that any improve ments or amenities will be provided in the property by the subdivider but rather that any improvements or amenities will be furnished by the purchaser." Representative Culpepper of the 98th moved that the House agree to the Senate amendment to HB 1102. 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 YArgo Y Auten Y Balkcom Bargeron Y Baugh YBeal YBeck Y Benefield Benn Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Y Clark,L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Cummings Y Darden Daugherty Y Davis,B Y Davis.J Y Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Fortune Y Foster Y Fuller.C Y Galer Ginsberg Glover Y Godbee Greer YHam Y Hamilton Y Hanner Y Harris Y Harrison Y Hasty Hawkins YHays YHill Y Holmes Y Hooks Y Home Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson,N Y Jackson.W Jessup Y Johnson.G Y Johnson,R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane,R Y Lawson YLee Y Logan Long YLord Lowe Y Lucas Y Mangum Mann Marcus Martin Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson FRIDAY, MARCH 26, 1982 3177 Y Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Y Phillips,L.L Y Phillips,R.T Y Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson Y Rose Y Ross Y Rowland Y Russell Savage Scott,A Scott.D Shepard Y Sherrod Y Sizemore Y Smith.T Smith,V Smyre Y Snow Y Steinberg Y Swann Thomas Y Thompson Townsend Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson Y White 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 motion, the ayes were 138, nays 0. The motion prevailed. HB 1529. By: Representatives Crosby of the 150th and Dixon of the 151st: A BILL to amend an Act providing for the issuance of special license tags to motor vehicle owners who operate citizens' band radio stations, so as to provide for the amount of the additional fee required to obtain such special license plate; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. The following Senate substitute was read: A BILL To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, so as to provide for the amount of the fee charged for special motor vehi cle license tags issued to citizens' band radio operators; to require the Georgia Bureau of Investigation to inspect certain motor vehicles to ensure that the word "Rebuilt" is affixed thereto; to require that the word "Rebuilt" be affixed to certain motor vehicles in certain locations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, is amended by striking subsection (a) of Code Section 40-2-74 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official citizens' band radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of owner ship of such license, and upon full compliance with the state motor vehicle laws in rela tion to registration and licensing of motor vehicles, and upon the payment of auch additional fee as may be prescribed by the commissioner an additional fee of $10.00, shall be issued a license plate for a private passenger vehicle upon which shall be inscribed the official citizens' band radio call letters of such applicant as assigned by the Federal Communications Commission." Section 2. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 40-3-35.1 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) Upon receipt of such notification from the commissioner, the Georgia Bureau of Investigation shall promptly inspect each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification that the word 'Rebuilt' is perma nently affixed as required by subsection (c) of this Code section, and verification that the motor vehicle conforms to all safety equipment standards required by law. The Georgia Bureau of Investigation shall be authorized to charge an inspection fee of $50.00 3178 JOURNAL OF THE HOUSE, for each motor vehicle inspected. In the event a third or subsequent inspection is required for any one motor vehicle under this Code section, the Georgia Bureau of Investigation shall be authorized to charge a fee of $50.00 for the third and each subse quent inspection. The Georgia Bureau of Investigation shall promptly notify the com missioner of the results of each inspection." Section 3. Said title is further amended by striking paragraph (1) of subsection (c) of Code Section 40-3-35.1 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) (A) Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word 'Rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. (B) If it is determined that the motor vehicle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring such motor vehicle shall, prior to the inspection by the Georgia Bureau of Investigation, cause the word 'Rebuilt' to be permanently affixed to said motor vehicle. The word 'Rebuilt' shall be affixed in a clear and conspicious manner to the door post or such other location as the commis sioner may prescribe. The word 'Rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph (B) shall only apply to motor vehi cles restored after November 1^ 1982." Section 4. This Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. Representative Crosby of the 150th moved that the House disagree to the Senate sub stitute to HB 1529. The motion prevailed. HB 1714. By: Representatives Snow of the 1st and Castleberry of the lllth: A BILL to amend Code Section 15-6-89 of the Official Code of Georgia Annotated, relating to additional remuneration for clerks of the superior courts, so as to add provi sions relative to the abolishment of certain courts; and for other purposes. The following Senate amendment was read: Amend HB 1714 by striking from Section 1 on line 24 the following: "continue to receive the amount provided above.", and inserting in lieu thereof the following: "not receive any additional salary provided for in this Code section." Representative Snow of the 1st moved that the House disagree to the Senate amend ment to HB 1714. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: FRIDAY, MARCH 26, 1982 3179 Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 1780. By: Representatives Reaves of the 147th, Long of the 142nd and Hasty of the 8th: A BILL to amend an Act requiring the use of certain equipment on irriga tion systems in this state, so as to change the type of equipment required to be used; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Representative McDonald of the 12th District, Chairman of the Committee on Indus try, submitted the following report: Mr. Speaker: Your Committee on Industry has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 602 Do Pass, as Amended Respectfully submitted, McDonald of the 12th Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 776 Do Pass SB 777 Do Pass SB 778 Do Pass SB 779 Do Pass SB 782 Do Pass, as Amended SR 333 Do Pass Respectfully submitted, Adams of the 36th Chairman By unanimous consent, the following Bills and Resolution of the Senate were taken up for consideration and read the third time: SB 776. By: Senator Foster of the 50th: A BILL to amend an Act creating the Office of Commissioner of Lumpkin County, so as to change the compensation of the commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 3180 JOURNAL OF THE HOUSE, SB 777. By: Senator Foster of the 50th: A BILL to amend an Act placing the Tax Com missioner of Lumpkin County upon an annual salary, so as to change the com pensation of the tax commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 778. By: Senator Foster of the 50th: A BILL to amend an Act placing the Sheriff of Lumpkin County upon an annual salary, so as to change the provisions relating to the compensation of the Sheriff; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 779. By: Senator Foster of the 50th: A BILL to amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Lumpkin County upon an annual salary, so as to change the compensation of the clerk of the superior court and the judge of the probate court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 782. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to change the method of selection of members of the Glynn-Brunswick Hospital Authority; to provide for qualifications of members; and for other purposes. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend SB 782 by adding before the period on line 15 of page 1 and before the period on line 19 of page 1 the following: "at the time of appointment". By striking from lines 4 and 5 of page 3 the following: "fails to meet the residence requirements of Section 2", and inserting in lieu thereof the following: "ceases to be a resident of Glynn County". By striking from lines 15 through 18 of page 3 the following: ", except that if any such member does not meet the residency requirements of Sec tion 2 his position shall be declared vacant and a successor appointed pursuant to Sec tion 4.", FRIDAY, MARCH 26, 1982 3181 and inserting in lieu thereof a period. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SR 333. By: Senator Bryant of the 3rd: A RESOLUTION Proposing an amendment to the Constitution so as to change the requirement that the governing authority of Bryan County levy and collect an annual ad valorem tax of two mills for developing and promoting industry and pay the funds derived to the Bryan County Industrial Development Authority by authorizing the governing authority of Bryan County to levy and collect an annual ad valorem tax not to exceed two mills for such pur poses; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section VII, Paragraph V of the Constitution is amended by striking from the provisions of Paragraph V creating the Bryan County Industrial Develop ment Authority, as proposed by an amendment ratified on November 5, 1968, and appear ing in Ga. Laws 1968, pp. 1680-1686, the following: "H. The governing authority of Bryan County is hereby authorized and directed to levy and collect an annual ad valorem tax of two (2) mills for developing and promoting industry and is directed to pay to the Authority all funds derived from such levy to be used for the purposes herein set forth.", and inserting in lieu thereof the following: "H. The governing authority of Bryan County is authorized and directed to levy and collect an annual ad valorem tax as requested by the Bryan County Industrial Develop ment Authority but not to exceed two mills. The governing authority is hereby directed to pay to the Bryan County Industrial Development Authority all funds derived from such levy to be used for the purposes herein set forth." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to change the requirement that the governing authority of Bryan County must levy and collect an annual ad valorem tax of two mills for developing and promoting industry by authorizing the governing authority to levy and collect an annual ad valo rem tax of from zero to a maximum of two mills based upon the recom mendation of the Bryan County Industrial Development Authority and providing that all such funds levied and collected must be paid over to the Bryan County Industrial Development Authority for the purposes authorized?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. 3182 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Aaron Y Adams.G Y Adams.J Y Adams.M Y Aiken Y Anderson YArgo YAuten Balkcom Y Bargeron YBaugh Beal YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd Cason Y Castleberry Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Clark,L Y Colbert Coleman Y Collins Colwell Y Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis.B Davis.J Y Davis,L Dean YDent Y Dixon YDobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Foster Y Fuller.C Galer Y Ginsberg Glover YGodbee Greer YHam Y Hamilton Y Manner Y Harris Y Harrison Y Hasty Hawkins YHays Hill Holmes Y Hooks Home Y Hutchinson Irvin YIsakson Y Jackson,J Jackson,N Y Jackson,W Jessup Y Johnson,G Y Johnson,R Jones,B Y Jones,H Karrh Kemp Y Kilgore Y Lambert Y Lane,D Y Lane,R Y Lawson YLee YLogan YLong YLord Lowe Lucas Mangum YMann Marcus Y Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett YParham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips,L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Y Pinkston YRainey Ralston Y Ramsey YRandall Y Reaves Y Richardson Robinson YRose YRoss Rowland Y Russell Savage Y Scott,A Scott,D Y Shepard Y Sherrod Sizemore Smith.T Smith.V YSmyre Snow Y Steinberg YSwann Thomas Y Thompson Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker Y Wall YWare Y Watson Y 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 Resolution, the ayes were 127, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto: HB 813. By: Representative Kemp of the 139th, Tuten of the 153rd, Walker of the 115th, and Davis of the 45th: A BILL to amend Code Chapter 26-34, known as the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to add as incidents of racketeering certain violations of the "Georgia Securities Act of 1973," certain violations of Code Title 5A, relating to alcoholic beverages, and acts or threats involving murder, kidnapping, arson, robbery, bribery, extortion, obstruction of justice, dealing in narcotic or dangerous drugs; and for other purposes. The following Senate substitute was read: A BILL To amend Code Title 26, relating to crimes and offenses, as amended, so as to make racketeering activity a crime which will authorize an investigation warrant; to change cer tain definitions and provide for additional definitions under the Georgia RICO (Racketeer FRIDAY, MARCH 26, 1982 3183 Influenced and Corrupt Organizations) Act; to change the provisions related to prohibited activities under the RICO Act; to change the provisions relating to forfeitures under said Act; to provide for reciprocity with other jurisdictions with respect to the RICO Act; to provide for venue, use of prior convictions, and the expedition of actions under the RICO Act; to provide procedures for forfeiture of certain property to the state; to specify when title to certain property vests in the state; to provide circumstances for forfeiture of fair market value of such property; to provide for a RICO lien notice; to provide for effect of notice; to specify powers of investigative agencies; to specify duties and liabilities of trust ees; to provide exceptions; to specify the term of the notice; to require alien corporations to file certain information; to provide for costs and attorney's fees; to provide penalties; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Title 26, relating to crimes and offenses, as amended, is amended by striking in its entirety subsection (c) of Code Section 26-3004 and inserting in lieu thereof a new subsection (c) to read as follows: "(c) When there is probable cause to believe that a person is committing or has com mitted an act which endangers the national security of the United States or the security of this State or that such person is committing or has committed the crime of treason, insurrection, rebellion, espionage, sabotage, or any felony involving bodily harm, or any crimes involving arson, kidnapping, narcotics, dangerous drugs, importation, or sale of marijuana, burglary, prostitution, theft, blackmail, extortion, bribery, gambling, racketeering activity, or any felony involving alcoholic beverage laws, auto thefts, or there is probable cause to believe that a private place is being utilized or has been uti lized for the commission of any such crime, then, upon written application, under oath, of the district attorney of the circuit wherein the device is to be physically placed, or the Attorney General, which application affirms that there is probable cause to believe (1) that a person is committing or has committed any of the crimes enumerated in this subsection, or (2) that a private place is being utilized or has been utilized for the com mission of any of the crimes enumerated in this subsection and sets forth specifically the basis of such probable cause and particularly describes the person or place, the crime or crimes, the device or devices to be used, and the specific conversations and activities to be overheard and observed, as the case may be, any judge of the superior court of the circuit aforesaid may issue an investigation warrant permitting the use of devices, as defined by Section 26-3009, for the surveillance of such person or place pro vided such warrant specifies with particularity the device or devices the use of which is to be thereby permitted, the purpose, duration and circumstances of use permitted, the crime or crimes allegedly being committed, and the person or persons and place or places to be subject to such surveillance." Section 2. Said Code title is further amended by striking in its entirety Code Section 26-3402 and inserting in lieu thereof a new Code Section 26-3402 to read as follows: "26-3402. Definitions. As used in this chapter: (a) 'Racketeering activity' means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indict ment under the following Georgia laws: (1) Code Chapter 79A-8, relating to controlled substances. (2) Code Chapter 79A-7, known as the 'Dangerous Drugs Act.' (3) Subsection (j) of Code Section 79A-811, relating to marijuana. (4) Code Chapter 26-11, relating to homicide. (5) Code Chapter 26-13, relating to bodily injury and related offenses. (6) Code Chapter 26-14, relating to arson. (7) Code Section 26-1601, relating to burglary. 3184 JOURNAL OF THE HOUSE, (8) Code Section 26-1701, relating to forgery in the first degree. (9) Code Chapter 26-18, relating to theft. (10) Code Chapter 26-19, relating to robbery. (11) Code Sections 26-2012, 26-2013, 26-2014, 26-2016, and 26-2017, relating to prostitution and pandering. (12) Code Section 26-2101, relating to distributing obscene materials. (13) Code Section 26-2301, relating to bribery. (14) Code Section 26-2313, relating to influencing witnesses. (15) Code Chapter 26-24, relating to perjury and other falsifications. (16) Code Section 26-2601 26-2510, relating to tampering with evidence. (17) Code Section 26-2703, relating to commercial gambling. (18) Code Section 58-206, relating to distilling or making liquors. (19) An Act known as the 'Georgia Firearms and Weapons Act,' approved April 8, 1968 (Ga. L. 1968, p. 983), as amended. (20) An Act to prohibit certain unauthorized transfers and reproductions of recorded material, approved February 27, 1975 (Ga. L. 1975, p. 44), as amended. (21) Any willful violation of an Act known as the 'Georgia Securities Act of 1973,' approved April 18, 1973 (Ga. L. 1973, p. 1203), as amended. (22) Code Section 5A-514, relating to distilling, manufacturing, making, or transpor tation of alcoholic beverages. (23) Code Sections 26-1705.1, 26-1705.2, 26-1705.3, and 26-1705.4, relating to the unlawful use of financial transaction cards. (24) Subsection {a} of Section 31 of an Act approved March 3^ 1963 (Ga. L. 1961, g. 68, Ga. Code Ann. Section 68-431a), as amended, relating to offenses involving cer tificates of title for motor vehicles. proved March 3j 1961 relating to removed, (26) Code Section 26-1506, relating to use of an article with an altered identification mark. (27) An Act approved April 9^ 1981 (Ga. L. 1981, p. 947), known as the 'Georgia Computer Systems Protection Act.' (28) Any conduct defined as 'racketeering activity' under 18 U.S.C. 1961 (1)(A), (B), (C). and (D). (b) 'Racketeering activity' shall also mean any act or threat involving murder, kid napping, gambling, arson, robbery, theft, receipt of stolen property, bribery, extortion, obstruction of justice, dealing in narcotic or dangerous drugs, or dealing in securities which is chargeable under the laws of the United States or any of the several states and which is punishable by imprisonment for more than one year. {b} (c) 'Enterprise' means any person, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental as well as other entities. {e} (d) 'Pattern of racketeering activity' means engaging in at least two incidents of racketeering activity whiefe that have the same or similar intents, results, accomplices, victims, or methods of commission and which are or otherwise are interrelated by distin guishing characteristics and are not isolated incidents, provided at least one of such inci dents occurred after the effective date of this chapter and that the last of such incidents occurred within four years2 excluding any periods of imprisonment, after the commission of a prior act of racketeering activity. (e) 'Documentary material' means any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into useable form, or other tangible item. (f) 'RICO lien notice' means the notice described in Code Section 26-3412. (g) 'Investigative agency' means the Department of Law or the office of any district attorney. FRIDAY, MARCH 26, 1982 3185 (h) (1) 'Beneficial interest' means either of the following: (A) The interest of a person as a beneficiary under any other trust arrangement pursuant to which a trustee holds legal or record title to real property for the bene fit of such person; or (B) The interest of a person under any other form of express fiduciary arrange ment pursuant to which any other person holds legal or record title to real property for the benefit of such person. (2) 'Beneficial interest' does not include the interest of a stockholder in a corpora tion or the interest of a partner in either a general partnership or limited partnership. A beneficial interest shall be deemed to be located where the real property owned by the trustee is located. (i) 'Real property' means any real property situated in this state or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property. CD (1) 'Trustee' means either of the following: (A) Any person who holds legal or record title to real property for which any other person has a beneficial interest; or (B) Any successor trustee or trustees to any of the foregoing persons. (2) 'Trustee' does not include the following: (A) Any person appointed or acting as a personal representative under Title 49, relating to guardian and ward, or under Code Chapter 113-11 or 113-12, relating to the administration of estates; or (B) Any person appointed or acting as a trustee of any testamentary trust or as trustee of any indenture of trust under which any bonds are or are to be issued, (k) 'Criminal proceeding' means any criminal proceeding commenced by an investiga tive agency under any provision of this chapter. (1) 'Civil proceeding' means any civil proceeding commenced by an investigative agency under any provision of this chapter. (m) 'Alien corporation' means a corporation organized under laws other than the laws of the United States or the laws of any state of the United States." Section 3. Said Code title is further amended by adding at the end of Code Section 26-3403 a new subsection to read as follows: "(c) It is unlawful for any person to conspire or endeavor to violate any of the provi sions of subsections (a) or (b) of this Code section." Section 4. Said Code title is further amended by striking in its entirety paragraph (2) of subsection (d) of Code Section 26-3405 and inserting in lieu thereof a new paragraph (2) to read as follows: "(2) Seizure may be effected by a law enforcement officer authorized to enforce the penal laws of this state prior to the filing of the complaint and without a writ of seizure if the seizure is incident to a lawful arrest, search, or inspection and the officer has probable cause to believe the property is subject to forfeiture and will be lost or destroyed if not seized. Within ten days of the date of seizure, such seizure shall be reported by said officer to the district attorney of the circuit in which the seizure is effected; and the district attorney shall, within 39 days ef- a reasonable time after receiv ing notice of seizure, file a complaint for forfeiture. The complaint shall state, in addi tion to the information required in paragraph (1) of this subsection (d), the date and place of seizure." Section 5. Said Code title is further amended by adding at the end of Code Section 26-3405 two new subsections to read as follows: "(k) In lieu of the provisions of subsections (c) through (e), the state may bring an in personum action for the forfeiture of any property subject to forfeiture under subsec tion (a) of this Code section. (1) (1) Upon the entry of a final judgment of forfeiture in favor of the state, the title of the state to the forfeited property shall: (A) In the case of real property or beneficial interest, relate back to the date of filing of the RICO lien notice in the official records of the county where the real 3186 JOURNAL OF THE HOUSE, property or beneficial trust is located and, if no RICO lien notice is filed, then to the date of the filing of any notice of lis pendens pursuant to an Act providing for the filing of a lis pendens, approved February 21, 1939 (Ga. L. 1939, p. 345), as amended, in the official records of the county where the real property or beneficial interest is located and, if no RICO lien notice or notice of lis pendens is so filed, then to the date of recording of the final judgment of forfeiture in the official records of the county where the real property or beneficial interest is located; and (B) In the case of personal property, relate back to the date the personal prop erty was seized by the investigating agency. (2) If property subject to forfeiture is conveyed, alienated, disposed of, or other wise rendered unavailable for forfeiture after the filing of a RICO lien notice or after the filing of a civil proceeding or criminal proceeding, whichever is earlier, the investi gative agency may, on behalf of the state, institute an action in the appropriate supe rior court against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal proceeding; and the court shall enter final judgment against the person named in the RICO lien notice or the defendant in the civil pro ceeding or criminal proceeding in an amount equal to the fair market value of the property, together with investigative costs and attorney's fees incurred by the investi gative agency in the action. If a civil proceeding is pending, such action shall be filed only in the court where such civil proceeding is pending." Section 6. Said Code title is further amended by adding at the end of Code Chapter 26-34 six new Code sections to read as follows: "26-3409. Reciprocity with other jurisdictions, (a) Notwithstanding any other provision of law, a valid judgment rendered by a court of a jurisdiction having a law substantially similar to this Code chapter will be recognized and enforced by the courts of this state to the extent that a judgment rendered by a court of this state pursuant to this Code chapter would be enforced in such other jurisdiction. (b) The Attorney General is hereby authorized to enter into reciprocal agreements with the attorney general or chief prosecuting attorney of any jurisdiction having a law substantially similar to this Code chapter so as to further the purposes of this Code chapter. 26-3410. Venue; prior convictions. In any criminal proceeding brought pursuant to this Code chapter, the crime shall be considered to have been committed in any county in which an incident of racketeering occurred or in which an interest or control of an enter prise or real or personal property is acquired or maintained. 26-3411. Expedition of actions. This state may, in any civil action brought pursuant to this chapter, file with the clerk of the superior court a certificate stating that the case is of special public importance. A copy of that certificate shall be furnished immediately by such clerk to the chief judge or, in his absence, the presiding chief judge of the supe rior court in which such action is pending; and, upon receipt of such copy, the judge shall immediately designate a judge to hear and determine the action. The judge so des ignated shall promptly assign such action for hearing, participate in the hearings and determination, and cause the action to be expedited. 26-3412. RICO lien notice, (a) Upon the institution of any civil proceeding, the investi gative agency then or at any time during the pendency of the proceeding may file in the official records of any one or more counties a RICO lien notice. No filing fee or other charge shall be required as a condition for filing the RICO lien notice; and the clerk of the superior court shall, upon the presentation of a RICO lien notice, immedi ately record it in the official records. (b) The RICO lien notice shall be signed by the Attorney General or his designee or by a district attorney or his designee. The notice shall be in such form as the Attor ney General prescribes and shall set forth the following information: (1) The name of the person against whom the civil proceeding has been brought. In its discretion, the investigative agency may also name in the RICO lien notice any other aliases, names, or fictitious names under which the person may be known. In its discretion, the investigative agency may also name in the RICO lien notice any cor poration, partnership, or other entity that is either controlled by or entirely owned by the person; FRIDAY, MARCH 26, 1982 3187 (2) If known to the investigative agency, the present residence and business addresses of the person named in the RICO lien notice and of the other names set forth in the RICO lien notice; (3) A reference to the civil proceeding stating that a proceeding under this chapter has been brought against the person named in the RICO lien notice, the name of the county or counties where the proceeding has been brought, and, if known to the inves tigative agency at the time of filing the RICO lien notice, the case number of the pro ceeding; (4) A statement that the notice is being filed pursuant to Code Chapter 26-34; and (5) The name and address of the investigative agency filing the RICO lien notice and the name of the individual signing the RICO lien notice. (c) A RICO lien notice shall apply only to one person and, to the extent applicable, any aliases, fictitious names, or other names, including names of corporations, partner ships, or other entities, to the extent permitted in subsection (a). A separate RICO lien notice shall be filed for any other person against whom the investigative agency desires to file a RICO lien notice under this Code section. (d) The investigative agency shall, as soon as practicable after the filing of each RICO lien notice, furnish to the person named in the notice either a copy of the recorded notice or a copy of the notice with a notation thereon of the county or counties in which the notice has been recorded. The failure of the investigative agency to so fur nish a copy of the notice under this subsection shall not invalidate or otherwise affect the notice. (e) The filing of a RICO lien notice creates, from the time of its filing, a lien in favor of the state on the following property of the person named in the notice and against any other names set forth in the notice: (1) Any real property situated in the county where the notice is filed then or thereafter owned by the person or under any of the names; and (2) Any beneficial interest situated in the county where the notice is filed then or thereafter owned by the person or under any of the names. (f) The lien shall commence and attach as of the time of filing of the RICO lien notice and shall continue thereafter until expiration, termination, or release pursuant to Code Section 26-3413. The lien created in favor of the state shall be superior and prior to the interest of any other person in the real property or beneficial interest if the inter est is acquired subsequent to the filing of the notice. (g) In conjunction with any civil proceeding: (1) The investigative agency may file without prior court order in any county a lis pendens and, in such case, any person acquiring an interest in the subject real prop erty or beneficial interest, if the real property or beneficial interest is acquired subse quent to the filing of lis pendens, shall take the interest subject to the civil proceeding and any subsequent judgment of forfeiture; and (2) If a RICO lien notice has been filed, the investigative agency may name as defendants, in addition to the person named in the notice, any persons acquiring an interest in the real property or beneficial interest subsequent to the filing of the notice. If a judgment of forfeiture is entered in the proceeding in favor of the state, the interest of any person in the property that was acquired subsequent to the filing of the notice shall be subject to the notice and judgment of forfeiture, (h) (1) A trustee who acquires actual knowledge that a RICO lien notice or a civil proceeding or criminal proceeding has been filed against any person for whom he holds legal or record title to real property shall immediately furnish to the investiga tive agency the following: (A) The name and address of the person, as known to the trustee; (B) The name and address, as known to the trustee, of all other persons for whose benefit the trustee holds title to the real property; and (C) If requested by the investigative agency, a copy of the trust agreement or other instrument pursuant to which the trustee holds legal or record title to the real property. (2) Any trustee who fails to comply with the provisions of this subsection is guilty of a misdemeanor. 3188 JOURNAL OF THE HOUSE, (i) Any trustee who conveys title to real property for which a RICO lien notice has been filed at the time of the conveyance in the county where the real property is situ ated naming a person who, to the actual knowledge of the trustee, holds a beneficial interest in the trust shall be liable to the state for the greater of: (1) The amount of proceeds received directly by the person named in the RICO lien notice as a result of the conveyance; (2) The amount of proceeds received by the trustee as a result of the conveyance and distributed to the person named in the RICO lien notice; or (3) The fair market value of the interest of the person named in the RICO lien notice in the real property so conveyed; however, if the trustee conveys the real prop erty and holds the proceeds that would otherwise be paid or distributed to the benefi ciary or at the direction of the beneficiary or his designee, the trustee's liability shall not exceed the amount of the proceeds so held for so long as the proceeds are held by the trustee. (j) The filing of a RICO lien notice shall not constitute a lien on the record title to real property as owned by the trustee except to the extent the trustee is named in the RICO lien notice. The investigative agency may bring a civil proceeding in any superior court against the trustee to recover from the trustee the amounts set forth in subsection (i), and the state shall also be entitled to recover investigative costs and attorney's fees incurred by the investigative agency. (k) The filing of a RICO lien notice shall not affect the use to which real property or a beneficial interest owned by the person named in the RICO lien notice may be put or the right of the person to receive any avails, rents, or other proceeds resulting from the use and ownership, but not the sale, of the property until a judgment of forfeiture is entered. (1) (1) The provisions of this Code section shall not apply to any conveyance by a trustee pursuant to a court order unless such court order is entered in an action between the trustee and the beneficiary. (2) Unless the trustee has actual knowledge that a person owning a beneficial interest in the trust is named in a RICO lien notice or is otherwise a defendant in a civil proceeding, the provisions of this Code section shall not apply to: (A) Any conveyance by a trustee required under the terms of any trust agree ment, which trust agreement is a matter of public record prior to the filing of any RICO lien notice; or (B) Any conveyance by a trustee to all of the persons who own a beneficial interest in the trust. (m) All forfeitures or dispositions under this Code section shall be made with due provision for the rights of innocent persons. 26-3413. Term, (a) The term of a RICO lien notice shall be for a period of six years from the date of filing unless a renewal RICO lien notice has been filed by the investiga tive agency; and, in such case, the term of the renewal RICO lien notice shall be for a period of six years from the date of its filing. The investigative agency shall be entitled to only one renewal of the RICO lien notice. (b) The investigative agency filing the RICO lien notice may release in whole or in part any RICO lien notice or may release any specific real property or beneficial interest from the RICO lien notice upon such terms and conditions as it may determine. Any release of a RICO lien notice executed by the investigative agency may be filed in the official records of any county. No charge or fee shall be imposed for the filing of any release of a RICO lien notice. (c) If no civil proceeding has been instituted by the investigative agency seeking a forfeiture of any property owned by the person named in the RICO lien notice, the acquittal in the criminal proceeding of the person named in the RICO lien notice or the dismissal of the criminal proceeding shall terminate the RICO lien notice; and, in such case, the filing of the RICO lien notice shall have no effect. In the event the criminal proceeding has been dismissed or the person named in the RICO lien notice has been acquitted in the criminal proceeding, the RICO lien notice shall continue for the dura tion of the civil proceeding. FRIDAY, MARCH 26, 1982 3189 (d) If no civil proceeding is then pending against the person named in a RICO lien notice, any person named in a RICO lien notice may institute an action against the investigative agency filing the notice in the county where the notice has been filed seek ing a release or extinguishment of the notice; and, in such case: (1) The court shall, upon the motion of such person, immediately enter an order setting a date for hearing, which date shall be not less than five nor more than ten days after the suit has been filed; and the order, along with a copy of the complaint, shall be served on the investigative agency within three days after the institution of the suit. At the hearing, the court shall take evidence on the issue of whether any real property or beneficial interest owned by such person is covered by the RICO lien notice or otherwise subject to forfeiture under the Georgia RICO Act; and, if such per son shows by the preponderance of the evidence that the RICO lien notice is not applicable to him or that any real property or beneficial interest owned by him is not subject to forfeiture under this chapter, the court shall enter a judgment extinguishing the RICO lien notice or releasing the real property or beneficial interest from the RICO lien notice; (2) The court shall immediately enter its order releasing from the RICO lien notice any specific real property or beneficial interest if a sale of the real property or benefi cial interest is pending and the filing of the notice prevents the sale of the property or interest; however, the proceeds resulting from the sale of the real property or bene ficial interest shall be deposited into the registry of the court, subject to the further order of the court; and (3) At the hearing set forth in paragraph (1), the court may release from the RICO lien notice any real property or beneficial interest upon the posting by such person of such security as is equal to the value of the real property or beneficial interest owned by such person. (e) In the event a civil proceeding is pending against a person named in a RICO lien notice, the court, upon motion by said person, may grant the relief set forth herein. 26-3414. Alien corporations, (a) Each alien corporation desiring to acquire of record any real property shall have, prior to acquisition, and shall continuously maintain in this state during any year thereafter in which such real property is owned by the alien corpo ration: (1) A registered office; and (2) A registered agent, which agent may be either: (A) An individual resident in this state whose business office is identical with such registered office; or (B) Another corporation authorized to transact business in this state having a business office identical with such registered office. (b) Each registered agent appointed pursuant to this Code section, on whom process may be served, shall file a statement in writing with the Secretary of State accepting the appointment as registered agent simultaneously with being designated. (c) Each alien corporation shall file with the Secretary of State no earlier than Janu ary 1 and no later than July 1 of each year a sworn report on such forms as the Secre tary of State shall prescribe setting forth: (1) The name of the alien corporation; (2) The street address of the principal office of the alien corporation; (3) The name and street address of each officer and each director of the alien cor poration; (4) The name and street address of the registered agent and registered office of the alien corporation; and (5) The signature of the corporate president, vice president, secretary, assistant secretary, or treasurer attesting to the accuracy of the report as of the day immedi ately preceding filing of this report. (d) The Secretary of State shall collect a filing fee of $15.00 for each such report filed and a fee of $20.00 plus the past year's fee for a late filing. (e) The Secretary of State shall record the status of any alien corporation that fails to comply with the requirements of this Code section. 3190 JOURNAL OF THE HOUSE, (f) Each alien corporation that fails to file a report as required by subsection (c) or fails to maintain a registered office and a registered agent as required by subsection (a) shall not be entitled to own, purchase, or sell any real property and shall not be entitled to sue or defend in the courts of the state until such requirements have been complied with. (g) The filing of a report by a corporation as required by subsection (c) shall be solely for the purposes of this chapter and, notwithstanding Code Section 22-404 or any other relevant law, shall not be used as a determination of whether the corporation is actually doing business in this state." Part 2 Section 7. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 16-11-64 and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) When there is probable cause to believe that a person is committing or has com mitted an act which endangers the national security of the United States or the security of this state or that such person is committing or has committed the crime of treason, insurrection, rebellion, espionage, sabotage, or any felony involving bodily harm, or any crimes involving arson, kidnapping, narcotics, dangerous drugs, importation or sale of marijuana, burglary, prostitution, theft, blackmail, extortion, bribery, gambling, racketeering activity, or any felony involving alcoholic beverage laws or auto thefts or there is probable cause to believe that a private place is being utilized or has been uti lized for the commission of any such crime, then, upon written application, under oath, of the district attorney of the circuit wherein the device is to be physically placed, or the Attorney General, which application affirms that there is probable cause to believe: (A) That a person is committing or has committed any of the crimes enumerated in this paragraph; or (B) That a private place is being utilized or has been utilized for the commission of any of the crimes enumerated in this paragraph and sets forth specifically the basis of such probable cause and particularly describes the person or place, the crime or crimes, the device or devices to be used, and the specific conversations and activities to be overheard or observed, as the case may be, any judge of the superior court of the circuit aforesaid may issue an investigation warrant permitting the use of devices, as defined by Code Section 16-11-60, for the surveillance of such person or place, pro vided the warrant specifies with particularity the device or devices the use of which is to be permitted thereby; the purpose, duration and circumstances of use permitted; the crime or crimes allegedly being committed; and the person or persons and place or places to be subject to such surveillance." Section 8. Said title is further amended by striking in its entirety Code Section 16-14-3 and inserting in lieu thereof a new Code Section 16-14-3 to read as follows: "16-14-3. As used in this chapter, the term: (1) 'Enterprise' means any person, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity; or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental as well as other entities. (2) 'Pattern of racketeering activity' means engaging in at least two incidents of racketeering activity which that have the same or similar intents, results, accomplices; victims, or methods of commission and which afe or otherwise are interrelated by dis tinguishing characteristics and are not isolated incidents, provided at least one of such incidents occurred after July 1, 1980, and that the last of such incidents occurred within four yearsz excluding any periods of imprisonment, after the commission of a prior incident of racketeering activity. (3) (A) 'Racketeering activity' means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is charge able by indictment under the following laws of this state: FRIDAY, MARCH 26, 1982 3191 {A) (i) Article 2 of Chapter 13 of this title, relating to controlled substances; {B} (ii) Article 3 of Chapter 13 of this title, known as the 'Dangerous Drugs Act'; {6} (iii) Subsection (j) of Code Section 16-13-30, relating to marijuana; {B} (iv) Article 1 of Chapter 5 of this title, relating to homicide; (B) (v) Article 2 of Chapter 5 of this title, relating to bodily injury and related offenses; {F} (vi) Article 3 of Chapter 7 of this title, relating to arson; {r> (vii) Code Section 16-7-1, relating to burglary; {H} (viii) Code Section 16-9-1, relating to forgery in the first degree; {!} (ix) Article 1 of Chapter 8 of this title, relating to theft; W (x) Article 2 of Chapter 8 of this title, relating to robbery; {K} (xi) Code Sections 16-6-9 through 16-6-12 and 16-6-14, relating to prosti tution and pandering; {fc} (xii) Code Section 16-12-80, relating to distributing obscene materials; {M> (xiii) Code Section 16-10-2, relating to bribery; {N) (xiv) Code Section 16-10-93, relating to influencing witnesses; {O> (xv) Article 4 of Chapter 9 of this title and Code Sections 16-10-20, 16-10-23, 16-10-91, and 16-10-95, relating to perjury and other falsifications; {P} (xvi) Code Section 16-10-94, relating to tampering with evidence; {Q} (xvii) Code Section 16-12-22, relating to commercial gambling; {R> (xviii) Code Section 3-3-27, relating to distilling or making liquors; {S} (xix) Part 2 of Article 4 of Chapter 11 of this title, known as the 'Georgia Firearms and Weapons Act'; er {> (xx) Code Section 16-8-60, relating to unauthorized transfers and repro ductions of recorded material?; (xxi) Code Section 10-5-24, relating to violations of the 'Georgia Securities Act of 1973'; (xxii) Code Section 3-3-27, relating to the unlawful distillation, manufacture, and transportation of alcoholic beverages; (xxiii) Code Sections 16-9-31, 16-9-32, 16-9-33, and 16-9-34, relating to the unlawful use of financial transaction cards; (xxiv) Code Section 40-3-90, relating to certain felonies involving certificates of title, security interest, or liens concerning motor vehicles; (xxv) Code Section 40-4-21, relating to removal or falsification of identification numbers: (xxvi) Code Section 40-4-22, relating to possession of motor vehicle parts from which the identification has been removed; (xxvii) Code Section 16-9-70, relating to use of an article with an altered iden tification mark; (xxviii) Article 6 of Chapter 9 of this title, known as the 'Georgia Computer Systems Protection Act'; or (xxix) Any conduct defined as 'racketeering activity' under 18 U.S.C. 1961 (1)(A). (B). (C), and (D). (B) 'Racketeering activity' shall also mean any act or threat involving murder, kidnapping, gambling, arson, robbery, theft, receipt of stolen property, bribery, extortion, obstruction of justice, dealing in narcotic or dangerous drugs, or dealing in securities which is chargeable under the laws of the United States or any of the several states and which is punishable by imprisonment for more than one year. (4) 'Documentary material' means any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into useable form, or other tangible item. (5) 'RICO lien notice' means the notice described in Code Section 16-14-13. (6) 'Investigative agency' means the Department of Law or the office of any dis trict attorney. (7) (A) 'Beneficial interest' means either of the following: 3192 JOURNAL OF THE HOUSE, (i) The interest of a person as a beneficiary under any other trust arrange ment pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or (ii) The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person. (B) 'Beneficial interest' does not include the interest of a stockholder in a corpo ration or the interest of a partner in either a general partnership or limited partner ship. A beneficial interest shall be deemed to be located where the real property owned by the trustee is located. (8) 'Real property' means any real property situated in this state or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property. (9) (A) 'Trustee' means either of the following: (i) Any person who holds legal or record title to real property for which any other person has a beneficial interest; or (ii) Any successor trustee or trustees to any of the foregoing persons. (B) 'Trustee' does not include the following: (i) Any person appointed or acting as a personal representative under Title 29, relating to guardian and ward, or under Chapter 6 of Title 53, relating to the administration of estates; or (ii) Any person appointed or acting as a trustee of any testamentary trust or as trustee of any indenture of trust under which any bonds are or are to be issued. (10) 'Criminal proceeding' means any criminal proceeding commenced by an investi gative agency under any provision of this chapter. (11) 'Civil proceeding' means any civil proceeding commenced by an investigative agency under any provision of this chapter. (12) 'Alien corporation' means a corporation organized under laws other than the laws of the United States or the laws of any state of the United States." Section 9. Said title is further amended by adding at the end of Code Section 16-14-4 a new subsection, to be designated subsection (c), to read as follows: "(c) It is unlawful for any person to conspire or endeavor to violate any of the provi sions of subsections (a) or (b) of this Code section." Section 10. Said title is further amended by striking in its entirety subsection (f) of Code Section 16-14-7 and inserting in lieu thereof a new subsection (f) to read as follows: "(f) Seizure may be effected by a law enforcement officer authorized to enforce the penal laws of this state prior to the filing of the complaint and without a writ of seizure if the seizure is incident to a lawful arrest, search, or inspection and the officer has probable cause to believe the property is subject to forfeiture and will be lost or destroyed if not seized. Within ten days of the date of seizure, the seizure shall be reported by the officer to the district attorney of the circuit in which the seizure is effected; and the district attorney shall, within 36 days ef- a reasonable time after receiv ing notice of seizure, file a complaint for forfeiture. The complaint shall state, in addi tion to the information required in subsection (e) of this Code section, the date and place of seizure." Section 11. Said title is further amended by adding at the end of Code Section 16-14-7 two new subsections, to be designated subsections (m) and (n), to read as follows: "(m) In lieu of the provisions of subsections (c) through (g), the state may bring an in personum action for the forfeiture of any property subject to forfeiture under subsec tion (a) of this Code section. (n) (1) Upon the entry of a final judgment of forfeiture in favor of the state, the title of the state to the forfeited property shall: (A) In the case of real property or beneficial interest, relate back to the date of filing of the RICO lien notice in the official records of the county where the real FRIDAY, MARCH 26, 1982 3193 property or beneficial trust is located and, if no RICO lien notice is filed, then to the date of the filing of any notice of lis pendens under Article 9 of Chapter 14 of Title 44 in the official records of the county where the real property or beneficial interest is located and, if no RICO lien notice or notice of lis pendens is so filed, then to the date of recording of the final judgment of forfeiture in the official records of the county where the real property or beneficial interest is located; and (B) In the case of personal property, relate back to the date the personal prop erty was seized by the investigating agency. (2) If property subject to forfeiture is conveyed, alienated, disposed of, or other wise rendered unavailable for forfeiture after the filing of a RICO lien notice or after the filing of a civil proceeding or criminal proceeding, whichever is earlier, the investi gative agency may, on behalf of the state, institute an action in the appropriate supe rior court against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal proceeding; and the court shall enter final judgment against the person named in the RICO lien notice or the defendant in the civil pro ceeding or criminal proceeding in an amount equal to the fair market value of the property, together with investigative costs and attorney's fees incurred by the investi gative agency in the action. If a civil proceeding is pending, such action shall be filed only in the court where such civil proceeding is pending." Section 12. Said Code title is further amended by adding at the end of Chapter 14, immediately following Code Section 16-14-9, six new Code sections to read as follows: "16-14-10. (a) Notwithstanding any other provision of law, a valid judgment ren dered by a court of a jurisdiction having a law substantially similar to this chapter will be recognized and enforced by the courts of this state to the extent that a judgment ren dered by a court of this state pursuant to this chapter would be enforced in such other jurisdiction. (b) The Attorney General is authorized to enter into reciprocal agreements with the attorney general or chief prosecuting attorney of any jurisdiction having a law substan tially similar to this chapter so as to further the purposes of this chapter. 16-14-11. In any criminal proceeding brought pursuant to this chapter, the crime shall be considered to have been committed in any county in which an incident of racketeering occurred or in which an interest or control of an enterprise or real or per sonal property is acquired or maintained. 16-14-12. This state may, in any civil action brought pursuant to this chapter, file with the clerk of the superior court a certificate stating that the case is of special public importance. A copy of that certificate shall be furnished immediately by such clerk to the chief judge or, in his absence, the presiding chief judge of the superior court in which such action is pending; and, upon receipt of such copy, the judge shall immedi ately designate a judge to hear and determine the action. The judge so designated shall promptly assign such action for hearing, participate in the hearings and determination, and cause the action to be expedited. 16-14-13. (a) Upon the institution of any civil proceeding, the investigative agency then or at any time during the pendency of the proceeding may file in the official records of any one or more counties a RICO lien notice. No filing fee or other charge shall be required as a condition for filing the RICO lien notice; and the clerk of the superior court shall, upon the presentation of a RICO lien notice, immediately record it in the official records. (b) The RICO lien notice shall be signed by the Attorney General or his designee or by a district attorney or his designee. The notice shall be in such form as the Attor ney General prescribes and shall set forth the following information: (1) The name of the person against whom the civil proceeding has been brought. In its discretion, the investigative agency may also name in the RICO lien notice any other aliases, names, or fictitious names under which the person may be known. In its discretion, the investigative agency may also name in the RICO lien notice any cor poration, partnership, or other entity that is either controlled by or entirely owned by the person; 3194 JOURNAL OF THE HOUSE, (2) If known to the investigative agency, the present residence and business addresses of the person named in the RICO lien notice and of the other names set forth in the RICO lien notice; (3) A reference to the civil proceeding stating that a proceeding under this chapter has been brought against the person named in the RICO lien notice, the name of the county or counties where the proceeding has been brought, and, if known to the inves tigative agency at the time of filing the RICO lien notice, the case number of the pro ceeding; (4) A statement that the notice is being filed pursuant to this chapter; and (5) The name and address of the investigative agency filing the RICO lien notice and the name of the individual signing the RICO lien notice. (c) A RICO lien notice shall apply only to one person and, to the extent applicable, any aliases, fictitious names, or other names, including names of corporations, partner ships, or other entities, to the extent permitted in paragraph (1) of subsection (b). A separate RICO lien notice shall be filed for any other person against whom the investi gative agency desires to file a RICO lien notice under this Code section. (d) The investigative agency shall, as soon as practicable after the filing of each RICO lien notice, furnish to the person named in the notice either a copy of the recorded notice or a copy of the notice with a notation thereon of the county or counties in which the notice has been recorded. The failure of the investigative agency to so fur nish a copy of the notice under this subsection shall not invalidate or otherwise affect the notice. (e) The filing of a RICO lien notice creates, from the time of its filing, a lien in favor of the state on the following property of the person named in the notice and against any other names set forth in the notice: (1) Any real property situated in the county where the notice is filed then or thereafter owned by the person or under any of the names; and (2) Any beneficial interest situated in the county where the notice is filed then or thereafter owned by the person or under any of the names. (f) The lien shall commence and attach as of the time of filing of the RICO lien notice and shall continue thereafter until expiration, termination, or release pursuant to Code Section 16-14-14. The lien created in favor of the state shall be superior and prior to the interest of any other person in the real property or beneficial interest if the inter est is acquired subsequent to the filing of the notice. (g) In conjunction with any civil proceedings: (1) The investigative agency may file without prior court order in any county a lis pendens and, in such case, any person acquiring an interest in the subject real prop erty or beneficial interest, if the real property or beneficial interest is acquired subse quent to the filing of lis pendens, shall take the interest subject to the civil proceeding and any subsequent judgment of forfeiture; and (2) If a RICO lien notice has been filed, the investigative agency may name as defendants, in addition to the person named in the notice, any persons acquiring an interest in the real property or beneficial interest subsequent to the filing of the notice. If a judgment of forfeiture is entered in the proceeding in favor of the state, the interest of any person in the property that was acquired subsequent to the filing of the notice shall be subject to the notice and judgment of forfeiture, (h) (1) A trustee who acquires actual knowledge that a RICO lien notice or a civil proceeding or criminal proceeding has been filed against any person for whom he holds legal or record title to real property shall immediately furnish to the investiga tive agency the following: (A) The name and address of the person, as known to the trustee; (B) The name and address, as known to the trustee, of all other persons for whose benefit the trustee holds title to the real property; and (C) If requested by the investigative agency, a copy of the trust agreement or other instrument pursuant to which the trustee holds legal or record title to the real property. (2) Any trustee who fails to comply with the provisions of this subsection is guilty of a misdemeanor. FRIDAY, MARCH 26, 1982 3195 (i) Any trustee who conveys title to real property for which a RICO lien notice has been filed at the time of the conveyance in the county where the real property is situ ated naming a person who, to the actual knowledge of the trustee, holds a beneficial interest in the trust shall be liable to the state for the greater of: (1) The amount of proceeds received directly by the person named in the RICO lien notice as a result of the conveyance; (2) The amount of proceeds received by the trustee as a result of the conveyance and distributed to the person named in the RICO lien notice; or (3) The fair market value of the interest of the person named in the RICO lien notice in the real property so conveyed; however, if the trustee conveys the real prop erty and holds the proceeds that would otherwise be paid or distributed to the benefi ciary or at the direction of the beneficiary or his designee, the trustee's liability shall not exceed the amount of the proceeds so held for so long as the proceeds are held by the trustee. (j) The filing of a RICO lien notice shall not constitute a lien on the record title to real property as owned by the trustee except to the extent the trustee is named in the RICO lien notice. The investigative agency may bring a civil proceeding in any superior court against the trustee to recover from the trustee the amounts set forth in subsection (i), and the state shall also be entitled to recover investigative costs and attorney's fees incurred by the investigative agency. (k) The filing of a RICO lien notice shall not affect the use to which real property or a beneficial interest owned by the person named in the RICO lien notice may be put or the right of the person to receive any avails, rents, or other proceeds resulting from the use and ownership, but not the sale, of the property until a judgment of forfeiture is entered. (1) (1) The provisions of this Code section shall not apply to any conveyance by a trustee pursuant to a court order unless such court order is entered in an action between the trustee and the beneficiary. (2) Unless the trustee has actual knowledge that a person owning a beneficial interest in the trust is named in a RICO lien notice or is otherwise a defendant in a civil proceeding, the provisions of this Code section shall not apply to: (A) Any conveyance by a trustee required under the terms of any trust agree ment, which trust agreement is a matter of public record prior to the filing of any RICO lien notice; or (B) Any conveyance by a trustee to all of the persons who own a beneficial interest in the trust. (m) All forfeitures or dispositions under this Code section shall be made with due provision for the rights of innocent persons. 16-14-14. (a) The term of a RICO lien notice shall be for a period of six years from the date of filing unless a renewal RICO lien notice has been filed by the investigative agency; and, in such case, the term of the renewal RICO lien notice shall be for a period of six years from the date of its filing. The investigative agency shall be entitled to only one renewal of the RICO lien notice. (b) The investigative agency filing the RICO lien notice may release in whole or in part any RICO lien notice or may release any specific real property or beneficial interest from the RICO lien notice upon such terms and conditions as it may determine. Any release of a RICO lien notice executed by the investigative agency may be filed in the official records of any county. No charge or fee shall be imposed for the filing of any release of a RICO lien notice. (c) If no civil proceeding has been instituted by the investigative agency seeking a forfeiture of any property owned by the person named in the RICO lien notice, the acquittal in the criminal proceeding of the person named in the RICO lien notice or the dismissal of the criminal proceeding shall terminate the RICO lien notice; and, in such case, the filing of the RICO lien notice shall have no effect. In the event the criminal proceeding has been dismissed or the person named in the RICO lien notice has been acquitted in the criminal proceeding, the RICO lien notice shall continue for the dura tion of the civil proceeding. 3196 JOURNAL OF THE HOUSE, (d) If no civil proceeding is then pending against the person named in a RICO lien notice, any person named in a RICO lien notice may institute an action against the investigative agency filing the notice in the county where the notice has been filed seek ing a release or extinguishment of the notice; and, in such case: (1) The court shall, upon the motion of such person, immediately enter an order setting a date for hearing, which date shall be not less than five nor more than ten days after the action has been filed; and the order, along with a copy of the complaint, shall be served on the investigative agency within three days after the institution of the action. At the hearing, the court shall take evidence on the issue of whether any real property or beneficial interest owned by such person is covered by the RICO lien notice or otherwise subject to forfeiture under this chapter; and, if such person shows by the preponderance of the evidence that the RICO lien notice is not applicable to him or that any real property or beneficial interest owned by him is not subject to forfeiture under this chapter, the court shall enter a judgment extinguishing the RICO lien notice or releasing the real property or beneficial interest from the RICO lien notice; (2) The court shall immediately enter its order releasing from the RICO lien notice any specific real property or beneficial interest if a sale of the real property or benefi cial interest is pending and the filing of the notice prevents the sale of the property or interest; however, the proceeds resulting from the sale of the real property or bene ficial interest shall be deposited into the registry of the court, subject to the further order of the court; and (3) At the hearing set forth in paragraph (1), the court may release from the RICO lien notice any real property or beneficial interest upon the posting by such person of such security as is equal to the value of the real property or beneficial interest owned by such person. (e) In the event a civil proceeding is pending against a person named in a RICO lien notice, the court, upon motion by said person, may grant the relief set forth herein. 16-14-15. (a) Each alien corporation desiring to acquire of record any real property shall have, prior to acquisition, and shall continuously maintain in this state during any year thereafter in which such real property is owned by the alien corporation: (1) A registered office; and (2) A registered agent, which agent may be either: (A) An individual resident in this state whose business office is identical with such registered office; or (B) Another corporation authorized to transact business in this state having a business office identical with such registered office. (b) Each registered agent appointed pursuant to this Code section, on whom process may be served, shall file a statement in writing with the Secretary of State accepting the appointment as registered agent simultaneously with being designated. (c) Each alien corporation shall file with the Secretary of State no earlier than Janu ary 1 and no later than July 1 of each year a sworn report on such forms as the Secre tary of State shall prescribe setting forth: (1) The name of the alien corporation; (2) The street address of the principal office of the alien corporation; (3) The name and street address of each officer and each director of the alien cor poration; (4) The name and street address of the registered agent and registered office of the alien corporation; and (5) The signature of the corporate president, vice president, secretary, assistant secretary, or treasurer attesting to the accuracy of the report as of the day immedi ately preceding filing of this report. (d) The Secretary of State shall collect a filing fee of $15.00 for each such report filed and a fee of $20.00 plus the past year's fee for a late filing. (e) The Secretary of State shall record the status of any alien corporation that fails to comply with the requirements of this Code section. (f) Each alien corporation that fails to file a report as required by subsection (c) or fails to maintain a registered office and a registered agent as required by subsection (a) FRIDAY, MARCH 26, 1982 3197 shall not be entitled to own, purchase, or sell any real property and shall not be entitled to bring an action or defend in the courts of the state until such requirements have been complied with. (g) The filing of a report by a corporation as required by subsection (c) shall be solely for the purposes of this chapter and, notwithstanding Code Section 14-2-63 or any other relevant law, shall not be used as a determination of whether the corporation is actually doing business in this state." Part 3 Section 13. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 14. All laws and parts of laws in conflict with this Act are repealed. Representative Kemp of the 139th moved that the House agree to the Senate substi tute to HB 813. 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 Aiken Y Anderson YArgo Y Auten Y Balkcom Bargeron YBaugh Beal YBeck Y Benefield YBenn Birdsong Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruas Y Burton YByrd Y Canon Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Clark.B Y 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 Daugherty Y Davis,B Y Davis,J Y Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Y Kdwards Y Elliott Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover Y Godbee YGreer YHam Y Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins Hays Hill Y Holmes Y Hooks Home Hutchinson Ylrvin 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 YKarrh YKemp Y Kilgore Y Lambert Y Lane,D Y Lane.R Y Lawson YLee Logan Long YLord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin On the motion, the ayes were 138, nays 0. The motion prevailed. Y Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Y Phillips.L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson Rose YRoss Y Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg YSwann Thomas Thompson Townsend Triplet! Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker YWall Y Ware Y Watson White Y Widener Y Williams.BJ Williams.H Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy HB 1636. By: Representative Evans of the 84th: A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide new and different procedures for the forfeiture of appearance bonds; and for other purposes. 3198 JOURNAL OF THE HOUSE, The following Senate amendment was read: Amend HB 1636 by striking on Page 3, line 31 the figure "60" and substituting in lieu thereof the following: "90". Representative Evans of the 84th moved that the House agree to the Senate amend ment to HB 1636. 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 Anderaon YArgo YAuten YBalkcom Bargeron Y Baugh Beal YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Branch YBray Brooks YBuck YBurruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Childers Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Y Cohvell Y Connell Y Couch YCoi Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis,B Y DavisJ Y Davis,L Dean Dent Y Diion YDobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover Y God bee Y Greer YHam Y Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Y Home Hutchinson Ylrvin Y Isakson Y Jackson^ Y Jackson.N Y Jackson.W Jessup Y Johnson,G Y Johnson.R Y Jones,B Y Jones.H YKarrh YKemp Y Kilgore Y Lambert YLane,D YLane,R YLawson Lee Logan Long Lord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett YParham Y Patten Y Perry Y Peters Phillips.B Y Phillips,L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston YRamsey Randall Y Reaves Y Richardson Y Robinson YRose Rons Y Rowland Russell Savage Scott,A Scott,D Shepard Y Sherrod Y Sizemore Y Smith,T Smith,V Smyre Y Snow Steinberg YSwann Thomas Y Thompson Townsend Triplett Tuten Y Twiggs Y Vandiford Y Vaughn YVeazey Y Waddle Y Walker YWall Ware Y Watson White Y Widener Y Williams,B J Williams,H Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the motion, the ayes were 136, nays 0. The motion prevailed. HB 1351. By: Representatives Robinson of the 58th, Vandiford of the 53rd, Hawkins of the 50th, Richardson of the 52nd, Williams of the 48th, and others: A BILL to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Geor gia Annotated, relating to property tax exemptions from ad valorem taxation of property, so as to provide for an application for exemption from taxation of cer tain property; and for other purposes. The following Senate amendment was read: Amend HB 1351 by striking the word "April" on line 23 of page 1 and inserting in lieu thereof the word "March". FRIDAY, MARCH 26, 1982 3199 By striking lines 28, 29, 30, and 31 on page 2 in their entirety and inserting in lieu thereof the following: "year."' Representative Robinson of the 58th moved that the House agree to the Senate amendment to HB 1351. 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 YArgo Y Autn Y Balkcom Bargeron YBaugh Beal Beck Y Benefield Benn Birdsong Bishop Y Bolster Y Branch Bray Brooks YBuck Y Burruss N Burton YByrd Y Canon Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Coleman Y Collins Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis.B Y Davis^I Y Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Ginsberg Glover YGodbee YGreer YHam Hamilton Y Banner Y Harris Y Harrison Hasty Hawkins YHays Hill Y Holmes Y Hooks Y Home Hutchinson Ylrvin Ylsakson Y Jackson.J Jackson,N Y Jackson.W Jessup Y Johnson,G Y Johnson.R Y Jones,B Y Jones.H YKarrh YKemp Y Kilgore Y Lambert YLane,D Y Lane,R Y Lawson YLee YLogan Long YLord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin On the motion, the ayes were 134, nays 1. The motion prevailed. Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNii Y Oliver Y Padgett YParham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips,L.L Y Phillips.RT Phillips,W.R Y Pilewicz Pinkston Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Savage Scott,A Scott,D Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Smyre YSnow Y Steinberg YSwann Thomas Y Thompson Townsend Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall YWare Y Watson White Y Widener Williams,B.J Williams.H Y Williams.R Y Wilson YWood,J Y Wood,J.T Y Workman Speaker Murphy The following Resolution of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: SR 271. By: Senators Starr of the 44th, Foster of the 50th and Lester of the 23rd: A RES OLUTION creating the School Finance Study Commission; and for other pur poses. The House substitute was again read. The following Senate amendment to the House substitute was read: Amend the House Committee substitute to SR 271 by striking on Page 1, Line 20 the number "11" and inserting in lieu thereof the number "15"; and by striking on Page 2, Line 1, the word "Three" and inserting in lieu thereof the word "Seven". 3200 JOURNAL OF THE HOUSE, Representative Burruss of the 21st moved that the House agree to the Senate amend ment to the House substitute to SR 271. 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 Andersen YArgo Y Auten Y Balkcom Bargeron Y Baugh Beal YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Cham Berlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch Cox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis.B N Davis,J Davis,L Dean Dent Y Dixon Dobbs Y Dover Y Edwards Elliott Evans Y Felton N Fortune Y Foster FuIler.C Y Galer Y Gimberg Glover Y Godbee Y Greer YHam Y Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson Ylrvin Y Isakson Y Jackson ,J Jackson.N Y Jackson,W Jessup Y Johnson.G Y Johnson.R Y Jones,B Y Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan Long YLord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin On the motion, the ayes were 126, nays 8. The motion prevailed. N Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody N Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips.LX Phillips,R.T N Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Reaves Y Richardson Y Robinson NRose YRoss Y Rowland Y Russell Savage Scott,A Scott,D Shepard Y Sherrod Y Sizemore N Smith.T Smith.V Smyre YSnow Y Steinberg Swann Thomas Y Thompson Y Townsend Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker YWall Ware Y Watson White N Widener Y Williams.B.J Williams.H Y Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto: HB 1395. By: Representative Savage of the 25th: A BILL to amend Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, so as to change the definition of the term "eye bank"; to change the provisions relating to persons who may operate eye banks; and for other purposes. The following Senate amendment was read: Amend HB 1395 by striking from the title, beginning on line 7 of page 1, the follow ing: "to change the provisions relating to unlawful activities and penalties;". By striking in its entirety Section 5, lines 7 through 33 on page 4. By renumbering Sections 6 and 7 on page 5 as Sections 5 and 6, respectively. Representative Marcus of the 26th moved that the House disagree to the Senate amendment to HB 1395. FRIDAY, MARCH 26, 1982 3201 The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendment to the House substitute thereto: SB 728. By: Senators Wessels of the 2nd and Foster of the 50th: A BILL to amend an Act known as the "Georgia Residential Finance Authority Act," so as to change the membership of the authority; to provide for legislative intent; to create the Georgia Secondary Market Corporation; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The House substitute was again read. The following Senate amendment to the House substitute was read: Amend the House Committee substitute to SB 728 by striking from lines 10 and 11 on page 8 the following: "The corporation constitutes a public instrumentality and a political subdivision of the state,", and inserting in lieu thereof the following: "The corporation shall be an instrumentality of the State of Georgia and a public cor poration,". By striking from lines 6, 7, and 8 on page 29 the following: "The corporation constitutes a public instrumentality and a political subdivision of the state,", and inserting in lieu thereof the following: "The corporation shall be an instrumentality of the State of Georgia and a public cor poration,". Representative Pinkston of the 100th moved that the House agree to the Senate amendment to the House substitute to SB 728. 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 YArgo Auten Balkcom Bargeron Baugh Beal YBeck Y Benefield Benn Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Clark.B Clark.L Y Colbert Y Coleman Y Coffins Y Colwell Y Connell Y Couch Cox Crawford Y Crosby Cul pepper Cummings Y Darden Daugherty Davis,B Davis,J Davis,L YDean Dent Y Dixon Dobbs Y Dover Y Edwards Elliott Y Evans Felton Y Fortune Foster Y Fuller.C Y Galer Ginsberg Glover Y Godbee Greer YHam Y Hamilton Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Y Home Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N Y Jackson,W Jessup Y Johnson.G Y Johnson,R Y Jones.B Jones,H Karrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan Long Lord YLowe Lucas Y Mangum YMann Marcus Y Martin Y Matthews McCollum 3202 JOURNAL OF THE HOUSE, McDonald McKinney Miles Milford Y Montgomery Y Moody Y Moore YMostiler Y Mullinan YNichoIson Y Nix Y Oliver YPadgett Y Parham Y Patten Y Perry Y Peters Phillips.B Phillips,L.L Phillips,R.T Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey Randall Reaves Y Richardson Robinson Y Rose Ross Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith,V Smyre Y Snow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Walker Y Wall Y Ware Y Watson White Y Widener Y Williams,B.J Williams,H Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the motion, the ayes were 112, nays 0. The motion prevailed. The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 580. By: Representative Adams of the 14th: A BILL to amend Code Chapter 68A-9, relating to serious traffic offenses, so as to change the penalties for certain vio lations and to provide for minimum time to be served in the penitentiary; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 68A-903, relating to homicide by vehicle, as amended, so as to change the definition of and punishment for homicide by vehicle; to amend Code Sec tion 68A-1507, relating to prosecution of a traffic violation as a state or local offense, so as to provide for jurisdiction over certain offenses; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Section 68A-903, relating to homicide by vehicle, as amended, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 68A-903 to read as follows: "68A-903. Homicide by vehicle, (a) Whoever shall, without malice aforethought, cause the death of another person through the violation of section 68A-901, section 68A-902 efj section 68A-904(a)z or section 42 of an Act known as the 'Uniform Act Regu lating Traffic on Highways,' approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., E. 556), shall be guilty of homicide by vehicle in the first degree. A person convicted under this subsection shall be punished by imprisonment for not less than one year nor more than five ten years. (b) Whoever shall cause the death of another person, without an intention to do so, by violating any section of this Title other than section 68A-901, section 68A-902 er2 sec tion 68A-904(a)j or section 42 of an Act known as the 'Uniform Act Regulating Traffic on Highways,' approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., jx 556), shall be guilty of homicide by vehicle in the second degree when such violation is the cause of said death. A person convicted under this subsection shall be punished as for a misde meanor. (c) Whoever shall, after being declared a habitual violator as determined under sec tion 68B-308 and while such person's license is in revocation, cause the death of another FRIDAY, MARCH 26, 1982 3203 person, without malice aforethought, by operation of a motor vehicle, shall be guilty of homicide by vehicle in the first degree. A person convicted under this subsection shall be punished by imprisonment for not less than three years nor more than ten years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary." Section 2. Code Section 68A-1507, relating to prosecution of a violation as a state or local offense, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 68A-1507 to read as follows: "68A-1507. Option to treat as State or local offense; right of defendant to have case treated as State offense. (a) Any offensej except a violation of Code Section 68A-903, which is a violation of this Title and of a local ordinance may, at the discretion of the local law enforcement officer or prosecutor, be charged as a violation of the State statute or local ordinance. A violation of Code Section 68A-903 shall be charged as a violation of State law. (b) If the offense charged under an ordinance constitutes a violation of any provision of this Title and the defendant elects to have the charge treated as a State offense, the recorder or city judge after conducting a commitment hearing in which probable cause for arrest is found or upon obtaining a waiver of commitment hearing, shall summarily fix his bond and bind his case over to the appropriate State tribunal. (c) No person tried in any court for a violation of this Title or any ordinance adopted pursuant thereto shall thereafter be tried in any court for the same offense. A conviction for the violation of an ordinance adopted pursuant to this Title shall be con sidered a prior conviction for all purposes under this Title, and under the Act to create the Department of Public Safety for Georgia, approved March 13, 1937, and the several Acts amendatory thereof. (d) No court, other than a court having jurisdiction to try a person charged with a violation of Code Section 68A-903, shall have jurisdiction over any offense arising under the laws of this State or the ordinances of any political subdivision thereof, which offense arose out of the same conduct which led to said person being charged with a violation of Code Section 68A-903 and any judgment rendered by such court shall be null and void." Part 2 Section 3. Code Section 40-6-393 of the Official Code of Georgia Annotated, relating to homicide by vehicle, is amended by deleting said Code section in its entirety and insert ing in lieu thereof a new Code Section 40-6-393 to read as follows: "40-6-393. (a) Any person who, without malice aforethought, causes the death of another person through the violation of Code Section 40-6-271, 40-6-390 erz 40-6-391z or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five ten years. (b) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than Code Section 40-6-271, 40-6-390 er2 40-6-391^ or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3. (c) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, com mits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than ten years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary." 3204 JOURNAL OF THE HOUSE, Section 4. Code Section 40-6-376 of the Official Code of Georgia Annotated, relating to prosecution of a violation as a state or local offense, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 40-6-376 to read as follows: "40-6-376. (a) Any offense2 except a violation of Code Section 40-6-393, which is a violation of a provision of this chapter and of a local ordinance may, at the discretion of the local law enforcement officer or prosecutor, be charged as a violation of the state statute or of the local ordinance. A violation of Code Section 40-6-393 shall be charged as a state violation. (b) If the offense charged under an ordinance constitutes a violation of any provision of this chapter, the defendant may elect to have the charge treated as a state offense. If the defendant so elects, the recorder or city judge, after conducting a commitment hearing in which probable cause for arrest is found, or upon obtaining a waiver of com mitment hearing, shall summarily fix the defendant's bond and bind his case over to the appropriate state tribunal. (c) No person tried in any court for a violation of this chapter or any ordinance adopted pursuant thereto shall thereafter be tried in any court for the same offense. A conviction for the violation of an ordinance adopted pursuant to this chapter shall be considered a prior conviction for all purposes under this chapter and under Chapter 13 of this title. (d) No court, other than a court having jurisdiction to try a person charged with a violation of Code Section 40-6-393, shall have jurisdiction over any offense arising under the laws of this state or the ordinances of any political subdivision thereof, which offense arose out of the same conduct which led to said person being charged with a violation of Code Section 40-6-393 and any judgment rendered by such court shall be null and void." Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Representative Adams of the 14th moved that the House agree to the Senate substi tute to HB 580. 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 YArgo Y Auten Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Branch Bray Brooks YBuck Y Burruss Y Burton YByrd YCason Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Clark,L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Davis,B Y Davis,J Y Davis.L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton N Fortune Foster N Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson Ylrvin 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 Y Karrh YKemp Y Kilgore Lambert Lane.D Y Lane.R Y Lawson YLee Y Logan Long YLord Lowe Y Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McColluro Y McDonald McKinney Y Miles Milford Y Montgomery FRIDAY, MARCH 26, 1982 3205 Y Moody Y Moore Mostiler Y Mullinax Y Nicholson Y Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips,B Phillips.L.L Y Phillips,R.T Phillips, W.R Y Pilewicz Pinkston N Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson YRose Y Rosa Y Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre Y Snow On the motion, the ayes were 130, nays 3. The motion prevailed. Y Steinberg Y Swann Thomas Y Thompson Y Townsend Triplett Y Tuten Y Twiggs Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson 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 HB 1209. By: Representatives Nicholson of the 88th, Cheeks of the 89th, Connell of the 87th, Evans of the 84th, Ross of the 76th and others: A BILL to amend Article 4 of Chapter 12 of the Official Code of Georgia Annotated, relating to the Geor gia Sports Hall of Fame; to provide for a board and its membership; and for other purposes. The following Senate substitute was read: A BILL To amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Anno tated, relating to the Georgia Sports Hall of Fame, so as to create the Georgia Golf Hall of Fame; to provide for a board and its membership; to provide for personnel, space, equipment, and supplies; to provide for the powers and duties of the board; to provide for funds; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Anno tated, relating to the Georgia Sports Hall of Fame, is amended by striking said article in its entirety and inserting in lieu thereof the following: "ARTICLE 4 HALLS OF FAME Part 1 Georgia Sports Hall of Fame 50-12-60. There is created the Georgia Sports Hall of Fame Board. The board shall be composed of nine members to be appointed by the Governor. Initially, three members shall be appointed for terms of two years, three for four years, and three for six years. Thereafter, all members shall be appointed for terms of six years. The Governor shall consider different areas of the state when making appointments to the board. The board shall elect a chairman, a vice-chairman, and such other officers as it deems advisable from its own membership. The members shall receive no compensation for their services but shall be reimbursed for expenses incurred in attending meetings of the board. The board is authorized to employ such personnel as it deems necessary to enable it to carry out its duties and functions. The board shall meet once each quarter and at such other times as the board deems necessary but not more than eight times annually. A majority of the members shall constitute a quorum for the transaction of business. 50-12-61. The board shall obtain such halls, rooms, quarters, and offices as it deems necessary for conducting its affairs. The board shall provide a portion of any such space as it shall deem necessary for the display of busts, statues, plaques, books, papers, pic tures, and other exhibits and material relating to sports, athletics, and athletes. 3206 JOURNAL OF THE HOUSE, 50-12-62. It shall be the main purpose and function of the board to honor those, living or dead, who by achievement or service have made outstanding and lasting contributions to sports and athletics in this state or elsewhere. The board is authorized to conduct surveys and polls and to appoint committees to assist it in performing its function and purpose. 50-12-63. The board is authorized to solicit and accept donations, contributions, and gifts of money and property to enable it to carry out its function and purpose. The donations, contributions, and gifts shall be exempt from all taxation in this state. The General Assembly is authorized to appropriate funds to the board. Part 2 Georgia Golf Hall of Fame 50-12-64. (a) There is created the Georgia Golf Hall of Fame which shall be gov erned by the Georgia Golf Hall of Fame Board. (b) The board is assigned to the Department of Administrative Services for adminis trative purposes only, as specified in Code Section 50-4-3. 50-12-65. The board shall be composed of nine members to be appointed by the Gov ernor. Initially, three members of the board shall be appointed for terms of two years, three members of the board shall be appointed for terms of three years, and three mem bers of the board shall be appointed for terms of four years. Thereafter, all members shall be appointed for terms of six years. The Governor shall consider different areas of the state when making appointments to the board. The board shall elect a chairman, a vice-chairman, and such other officers as it deems advisable from its own membership. The members shall receive no compensation for their services but shall be reimbursed for expenses incurred in attending meetings of the board. The board is authorized to employ such personnel as it deems necessary to enable it to carry out its duties and functions; however, such employees shall not be subject to the state merit system of employment and employment administration. The board shall meet once each quarter and at such other times as the board deems necessary but not more than eight times annually. A majority of the members shall constitute a quorum for the transaction of business. 50-12-66. It shall be the main purpose and function of the board to honor those, living or dead, who by achievement or service have made outstanding and lasting contributions to the sport of golf in this state or elsewhere. The board is authorized to conduct sur veys and polls and to appoint committees to assist it in performing its purpose and function. 50-12-67. The headquarters of the board shall be located in Augusta, Richmond County, Georgia. The board may obtain such halls, rooms, quarters, and offices as it deems necessary for conducting its affairs. The board shall provide a portion of any such space as it shall deem necessary for the display of busts, statues, plaques, books, papers, pictures, and other exhibits and material relating to sports, athletics, and athletes. In addition, the board is authorized to recognize and designate any existing or proposed facility as a part of the Hall of Fame as may be appropriate. 50-12-68. (a) The board is authorized to solicit and accept donations, contributions, and gifts of money and property to enable it to carry out its function and purpose. The donations, contributions, and gifts shall be exempt from all taxation in this state. The General Assembly is authorized to appropriate funds to the board. (b) The board is authorized to make such contracts, leases, or agreements as may be necessary and convenient to carry out the duties and purposes for which the board is created. The board is authorized to enter into contracts, leases, or agreements with any person, firm, or corporation, public or private, upon such terms and for such purposes as may be deemed advisable by the board." Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, MARCH 26, 1982 3207 Representative Nicholson of the 88th moved that the House agree to the Senate sub stitute to HB 1209. 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 Andersen YArgo YAuten Y Balkcom Y Bargeron YBaugh Beal YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Branch Bray Brooks YBuck YBurruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch YCox Y Crawford Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis,B Y DavisJ Y Davis,L Dean Dent YDUon YDobbs Y Dover Y Edwards Y Elliott Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover YGodbee Y Greer YHam Y Hamilton Manner Y Harris Y Harrison Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Ylrvin Ylsakson Y Jackson^I Y Jackson,N Y Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones,B Y Jones,H YKarrh YKemp Y Kilgore Y Lambert YLane,D Y Lane,R YLawson YLee YLogan YLong Lord YLowe Y Lucas Y Mangum YMann Marcus Y Martin On the motion, the ayes were 135, nays 0. The motion prevailed. Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Moody Y Moore Mostiler Y Mullinai Y Nicholson YNut Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Y Phillips,L.L Y Phillips,R.T Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Richardson Y Robinson YRose YRoss Y Rowland Y Russell Savage Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith,V Smyre YSnow Y Steinberg YSwann Thomas Y Thompson Townsend Triplett Tuten YTwiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker YWall YWare Y Watson White Y Widener Y Williams,B.J Williams.H Y Williams,R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy HB 1315. By: Representatives Lambert of the 112th and Argo of the 63rd: A BILL to amend an Act establishing the Employees' Retirement System of Georgia, so as to change the employee contribution rate; to provide for a new and different benefits structure for employees who become members of the system on and after July 1, 1982; and for other purposes. The following Senate substitute was read: A BILL To amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to change the employee membership contribution rate; to make a legislative determination; to provide for retirement allowances and other provisions applicable to persons who first or again become employees and members of the Employees' Retirement System on or after July 1, 1982; to provide for employee membership contributions; to provide for employer contribu tions; to provide for optional elections; to specify provisions of the "Employees' Retire ment System Act" which are not applicable to certain members; to provide that members shall have and be subject to all other rights, privileges, obligations, and duties specified by other provisions of the "Employees' Retirement System Act"; to provide that certain 3208 JOURNAL OF THE HOUSE, parts of this Act do not apply to certain members; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other pur poses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, is amended by adding after paragraph (b) of subsection (8) of Section 8, a new paragraph (b.l) to read as follows: "(b.l) It is determined by the General Assembly of Georgia that an adjustment in the compensation of state employees is necessary to assure the future actuarial sound ness of the Employees' Retirement System of Georgia, and to preserve and protect the fiscal integrity of the Employees' Retirement System so as to insure the future payment of retirement benefits and allowances to those entitled to same. Therefore, in addition to the employee membership contributions required by paragraph (b) above, from and after July 1, 1982, as an adjustment in compensation, each employer shall cause to be deducted from the earnable compensation of each member for each and every payroll period an additional one percent of such earnable compensation. This additional one percent deducted from the earnable compensation of members shall be paid monthly to the Board of Trustees and shall be credited to the individual accounts of the members in the annuity savings fund. This paragraph shall not be construed and is not intended so as to have any effect whatsoever on any amounts of contributions paid to any retire ment system other than the Employees' Retirement System of Georgia." Section 2. Said Act is further amended by adding immediately following Section 15A a new Section 15B to read as follows: "Section 15B. (1) Except where indicated clearly to the contrary by the context, the word 'member' as used in this section shall mean any employee who first or again becomes a member of the Employees' Retirement System of Georgia on or after July 1, 1982. From and after July 1, 1982, every person first or again becoming an employee entitled to a new membership in the Employees' Retirement System of Georgia shall become a member subject to this section. (2) Every member subject to this section shall, upon becoming eligible under the provisions of the Employees' Retirement System Act, be entitled to a service retirement allowance, which shall consist of: (a) An annuity which shall be the actuarial equivalent of the member's accumu lated contributions at the time of retirement; and (b) An annual pension which, together with the annuity, shall provide a total retirement allowance equal to 1.5 percent of the member's average final compensation over the eight consecutive calendar quarters of creditable service producing the high est such average, multiplied by the number of his years of creditable service. The calculation of retirement benefits or allowances for any other form or type of retire ment shall also be based upon the foregoing method of calculation. For the purposes of the foregoing calculation, any increase or decrease in salary in excess of two five percent increases or decreases during such eight consecutive calendar quarters shall be disre garded. (3) From and after July 1, 1982, every member subject to this section shall contrib ute employee membership contributions in the amount of '/2 of one percent of earnable compensation, which shall be deducted by each employer from the earnable compensa tion of each member for each and every payroll period and paid monthly to the Board of Trustees. Of the Vi of one percent deducted from the earnable compensation of mem bers, Vt of one percent shall be credited to the individual accounts of the members in the annuity savings fund and the remaining Vi of one percent shall be credited to the group term life insurance fund in lieu of any other deduction therefor. In the event a member is not covered by group term life insurance, the entire Vi of one percent FRIDAY, MARCH 26, 1982 3209 deducted from the member's earnable compensation shall be credited to his individual account in the annuity savings fund. (4) From and after July 1, 1982, each employer shall pay monthly to the Board of Trustees, on behalf and to the credit of each member subject to this section, employer contributions in an amount equal to the aggregate amount of employer contributions plus employee contributions made by the employer as required by the Employees' Retirement System Act for and on behalf of persons within the membership of the Employees' Retirement System who are not subject to this section. With respect to members subject to this section, none of these employer contributions shall be consid ered as accumulated contributions of the member and none shall be eligible for with drawal by the member upon cessation of State service. (5) Membership under this section shall be optional for any persons who are within the membership of the Employees' Retirement System on June 30, 1982. Any such per sons may elect in writing on a form to be provided by the Board of Trustees to become a member subject to this section at any time on or after July 1, 1982. This written elec tion shall be final and cannot be later changed or rescinded. Upon such election, a mem ber shall be subject to all the provisions, terms and conditions of this section. Provided, however, that the calculation to determine retirement allowances for any person exercis ing such option shall be made as follows: (1) the retirement allowance shall be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this section; (2) then, the retirement allowance shall also be computed fully as if all creditable service of the member were acquired and calculated under the provi sions of the Employees' Retirement System Act and the rules and regulations of the Board of Trustees contained other than in this section; (3) then, a benefit amount shall be determined based upon a fractional part of each retirement allowance computed in steps (1) and (2), which fractional part shall be computed by using the actual years of creditable service established under either this section, for step (1), or the provisions of the Employees' Retirement System Act contained other than in this section, for step (2), which number of years shall be the numerator of the fraction, over the actual years of creditable service established under both this section and the provisions of the Employ ees' Retirement System Act contained other than in this section which number shall be the denominator of the fraction; and (4) the two benefit amounts so determined shall then be added together to produce the actual retirement allowance. If a member is oth erwise eligible for projected years in service, and unless same is made inapplicable by the conditions in subsection (6) of this section, projected years of service used in the determination of retirement benefits for death, disability, involuntary separation, or retirement with 34 years of service, shall be used in the computation of the retirement allowances under the foregoing steps (1) and (2). However, projected years of service used in such benefits computations shall not be used in determining the fractional part or allocation of the benefit amount described in foregoing step (3). (6) Members subject to this section shall be subject to the following conditions: (a) The provisions of subsection (11) of Section 5 of the Employees' Retirement System Act, as amended, shall not be applicable to members subject to this section; (b) No service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to subsections (3) and (4) of this section; and (c) The provisions of the last two paragraphs of subsection (1) of Section 4 of the Employees' Retirement System Act, as amended, shall not be applicable to members subject to this section. (7) All members subject to this section shall have and be subject to all other rights, privileges, obligations and duties specified by other provisions of the Employees' Retire ment System Act, and all such other provisions shall be of full force and effect with respect to any matter not specifically provided for in this section. (8) This section shall not be construed and is not intended so as to have any effect whatsoever on persons within the membership of the Employees' Retirement System of 3210 JOURNAL OF THE HOUSE, Georgia on June 30, 1982, who do not elect in writing to become members subject to this section." Part 2 Section 3. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by adding at the end of Code Section 47-2-54 a new subsection (i) to read as follows: "(i) It is determined by the General Assembly of Georgia that an adjustment hi the compensation of state employees is necessary to assure the future actuarial soundness of the Employees' Retirement System of Georgia and to preserve and protect the fiscal integrity of the Employees' Retirement System so as to ensure the future payment of retirement benefits and allowances to those entitled to same. Therefore, in addition to the employee membership contributions required by subsections (b) and (c) of this Code section, from and after July 1, 1982, as an adjustment in compensation, each employer shall cause to be deducted from the earnable compensation of each member for each and every payroll period an additional 1 percent of such earnable compensation. This addi tional 1 percent deducted from the earnable compensation of members shall be paid monthly to the board of trustees and shall be credited to the individual accounts of the members in the annuity savings fund. This subsection shall not be construed and is not intended so as to have any effect whatsoever on any amounts of contributions paid to any retirement system other than the Employees' Retirement System of Georgia." Section 4. Said chapter is further amended by adding at the end thereof a new Code section, to be designated Code Section 47-2-334, to read as follows: "47-2-334. (a) Except where indicated clearly to the contrary by the context, the word 'member' as used in this Code section shall mean any employee who first or again becomes a member of the Employees' Retirement System of Georgia on or after July 1, 1982. From and after July 1, 1982, every person first or again becoming an employee entitled to a new membership in the Employees' Retirement System of Georgia shall become a member subject to this Code section. (b) Every member subject to this Code section shall, upon becoming eligible under the provisions of this chapter, be entitled to a service retirement allowance, which shall consist of: (1) An annuity which shall be the actuarial equivalent of the member's accumu lated contributions at the time of retirement; and (2) An annual pension which, together with the annuity, shall provide a total retirement allowance equal to 1.5 percent of the member's average final compensation over the eight consecutive calendar quarters of creditable service producing the high est such average, multiplied by the number of his years of creditable service. The calculation of retirement benefits or allowances for any other form or type of retire ment shall also be based upon the foregoing method of calculation. For the purposes of the foregoing calculation, any increase or decrease in salary in excess of two 5 percent increases or decreases during such eight consecutive calendar quarters shall be disre garded. (c) From and after July 1, 1982, every member subject to this Code section shall con tribute employee membership contributions in the amount of one-half of 1 percent of earnable compensation, which shall be deducted by each employer from the earnable compensation of each member for each and every payroll period and paid monthly to the board of trustees. Of the one-half of 1 percent deducted from the earnable compen sation of members, one-fourth of 1 percent shall be credited to the individual accounts of the members in the annuity savings fund and the remaining one-fourth of 1 percent shall be credited to the group term life insurance fund in lieu of any other deduction therefor. In the event a member is not covered by group term life insurance, the entire one-half of 1 percent deducted from the member's earnable compensation shall be cred ited to his individual account in the annuity savings fund. (d) From and after July 1, 1982, each employer shall pay monthly to the board of trustees, on behalf and to the credit of each member subject to this Code section, FRIDAY, MARCH 26, 1982 3211 employer contributions in an amount equal to the aggregate amount of employer contri butions plus employee contributions made by the employer as required by this chapter for and on behalf of persons within the membership of the Employees' Retirement Sys tem who are not subject to this Code section. With respect to members subject to this Code section, none of these employer contributions shall be considered as accumulated contributions of the member and none shall be eligible for withdrawal by the member upon cessation of state service. (e) Membership under this Code section shall be optional for any persons who are within the membership of the Employees' Retirement System on June 30, 1982. Any such persons may elect in writing on a form to be provided by the board of trustees to become a member subject to this Code section at any time on or after July 1, 1982. This written election shall be final and cannot be later changed or rescinded. Upon such elec tion, a member shall be subject to all the provisions, terms, and conditions of this Code section; provided, however, that the calculation to determine retirement allowances for any person exercising such option shall be made as follows: (1) The retirement allowance shall be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this Code section; (2) Then the retirement allowance shall also be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this chap ter and the rules and regulations of the board of trustees contained other than in this Code section; (3) Then, a benefit amount shall be determined based upon a fractional part of each retirement allowance computed in steps (1) and (2), which fractional part shall be computed by using the actual years of creditable service established under either this Code section, for step (1), or the provisions of this chapter contained other than in this Code section, for step (2), which number of years shall be the numerator of the fraction, over the total actual years of creditable service established under both this Code section and the provisions of this chapter contained other than in this Code section, which number shall be the denominator of the fraction; (4) The two benefit amounts so determined shall then be added together to produce the actual retirement allowance; and (5) If a member is otherwise eligible for projected years in service, and unless same is made inapplicable by the conditions in subsection (f) of this Code section, projected years of service used in the determination of retirement benefits for death, disability, involuntary separation, or retirement with 34 years of service, shall be used in the computation of the retirement allowances under the foregoing steps (1) and (2). How ever, projected years of service used in such benefits computations shall not be used in determining the fractional part or allocation of the benefit amount described in foregoing step (3). (f) Members subject to this Code section shall be subject to the following conditions: (1) The provisions of subsection (d) of Code Section 47-2-120 shall not be appli cable to members subject to this Code section; (2) No service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to subsections (c) and (d) of this Code section; and (3) The provisions of subsections (a) and (b) of Code Section 47-2-91 shall not be applicable to members subject to this Code section. (g) All members subject to this Code section shall have and be subject to all other rights, privileges, obligations and duties specified by other provisions of this chapter, and all such other provisions shall be of full force and effect with respect to any matter not specifically provided for in this Code section. (h) This Code section shall not be construed and is not intended so as to have any effect whatsoever on peisons within the membership of the Employees' Retirement Sys tem of Georgia on June 30, 1982, who do not elect in writing to become members subject to this Code section." Parts Section 5. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no 3212 JOURNAL OF THE HOUSE, manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 6. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 7. All laws and parts of laws in conflict with this Act are repealed. Representative Johnson of the 72nd moved that the House agree to the Senate substi tute to HB 1315. 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 Aiken Y Anderson Y Argo Y Auten Balkcom Bargeron N Baugh Beal YBeck Benefield Benn Y Birdsong Bishop Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Chance N Cheeks Y Childers Y Childs Y Clark,B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis,B Y Davis,J Y Davis.L NDean Dent Y Diion Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Felton Y Fortune Foster Fuller.C Y Galer Y Ginsberg Glover Godbee Greer YHam Hamilton Hanner Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N Jackson.W Y Jessup Y Johnson.G Y Johnson,R Y Jones,B Y Jones,H Karrh YKemp Y Kilgore Y Lambert Y Lane,D Y Lane.R Y Lawson YLee YLogan Long NLord Lowe Y Lucas Y Mangum YMann Y Marcus Y Martin On the motion, the ayes were 123, nays 8. The motion prevailed. Matthews Y McCoIlum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody N Moore Mostiler Y Mullinax Nicholson YNix N Oliver Y Padgett N Parham Y Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Savage Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre Y Snow Y Steinberg Y Swann Thomas Y Thompson Townsend Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker N Wall Y Ware Y Watson White Y Widener Y Williams,BJ Williams.H Williams,R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy HB 371. By: Representatives Nix of the 20th and Darden of we 19th: A BILL to amend Code Section 22-5106, relating to execution of instruments conveying interest in real property, so as to provide for the execution of instruments releasing a secu rity agreement; and for other purposes. The following Senate substitute was read: FRIDAY, MARCH 26, 1982 3213 A BILL To amend Code Section 22-5106, relating to execution of instruments conveying inter est in real property, so as to provide for the execution of instruments releasing a security agreement; to amend the Official Code of Georgia Annotated accordingly; to provide effec tive dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Section 22-5106, relating to execution of instruments conveying interest in real property, is amended by adding at the end thereof a new paragraph to read as follows: "Instruments executed by a corporation releasing a security agreement, when signed by one officer of the corporation or by an individual designated by the officers of the corporation by proper resolution, without the necessity of the corporation's seal being attached, shall be conclusive evidence that said officer signing is duly authorized to exe cute and deliver the same.", so that when so amended Code Section 22-5106 shall read as follows: "22-5106. Execution of Instruments Conveying Interest in Real Property; Presumption of Authority of Executing Officers; Exceptions. Instruments executed by a corporation conveying an interest in real property, with the exception of transfers of and releases from security instruments, when signed by the president or vice president and attested or countersigned by the secretary or assistant secretary or cashier or assistant cashier of the corporation, with the corporation's seal attached, shall be conclusive evidence that said officers signing are duly authorized to execute and deliver the same. Any corpora tion may, by proper resolution, authorize the execution of such instruments by other officers of the corporation. Instruments executed by a corporation releasing a security agreement, when signed by one officer of the corporation or by an individual designated by the officers of the corpo ration by proper resolution, without the necessity of the corporation's seal being attached, shall be conclusive evidence that said officer signing is duly authorized to exe cute and deliver the same." Part 2 Section 2. Code Section 14-5-7 of the Official Code of Georgia Annotated, relating to instruments executed by corporations conveying interests in real property, is amended by designating the existing text of the Code section as subsection (a) and adding thereafter a new subsection (b) to read as follows: "(b) Instruments executed by a corporation releasing a security agreement, when signed by one officer of the corporation or by an individual designated by the officers of the corporation by proper resolution, without the necessity of the corporation's seal being attached, shall be conclusive evidence that said officer signing is duly authorized to execute and deliver the same." Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Nix of the 20th moved that the House agree to the Senate substitute to HB 371. On the motion, the roll call was ordered and the vote was as follows: 3214 JOURNAL OF THE HOUSE, Y Aaron Y Adams.G Adams^J Y Adams.M Y Aiken Y Anderson YArgo YAuten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Collins Y Colwell Y ConneU Y Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Davis,B Y Davis,J Y Davis,L Dean Dent Y Dixon YDobbs Y Dover Y Edwards Y Elliott Y Evans Felton Y Fortune Foster Y Fuller.C YGaler Y Ginsberg Glover YGodbee Y Greer YHam Hamilton Hanner Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y 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 Y Jones,B Y Jones.H YKarrh YKemp Y Kilgore Y Lambert YLane,D Y Lane,R Y Lawson YLee YLogan YLong YLord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin On the motion, the ayes were 140, nays 0 The motion prevailed. Y Matthews McCollum McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNi* Y Oliver Y Padgett YParham Y Patten Y Perry Y Peters Y PhiUips,B Y PhiUips,L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinkston YRainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg YSwann Thomas Y Thompson Y Townsend Triplett Tuten YTwiggs Y Varidiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall YWare Y Watson White Y Widener Y Williams,B.J Williams.H Williams.R Y Wilson YWood,J Y Wood,J.T Workman Speaker Murphy The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in amending the House substitute thereto: SB 552. By: Senators Littlefield of the 6th and Hill of the 29th: A BILL to amend Code Section 91A-1373, relating to minimum salaries of tax collectors and tax com missioners, so as to change the population classifications; to change the mini mum salaries of such officers; to provide for additional compensation to such officers for collecting municipal taxes; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate amendment was again read: Amend the House substitute to SB 552 by striking lines 29 through 34 on page 2 in their entirety and substituting in lieu thereof the following: "States Government.'" By striking lines 8 through 13 on page 5 in their entirety and substituting in lieu thereof the following: "the United States government.'" Representative Ware of the 68th moved that the House recede from its position in disagreeing to the Senate amendment to the House substitute to SB 552. The motion prevailed. FRIDAY, MARCH 26, 1982 3215 Representative Ware of the 68th moved that the House agree to the Senate amend ment to the House substitute to SB 552. On the motion, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G Y Adams.J Y Adams,M Y Aiken Y Anderson Argo Y Auten Y Balkcom Bargeron Y Baugh Seal YBeck Y Benefield YBenn Birdsong Bishop Bolster N Branch YBray N Brooks YBuck Y Burruss N Burton YByrd NCason Y Castleberry Y Chamberlin Y Chambless Y Chance N Cheeks N Childers Childs N Clark,B Y Clark,L Y Colbert Y Coleman Collins Colwell Y Connell Y Couch Cox Y Crawford Y Crosby Y Culpepper Cummings Y Harden Daugherty Y Davis,B N Davis,J Davis,L Dean Dent Y Diion Dobbs N Dover Y Edwards Y Elliott Evans Felton Y Fortune Foster Y Fuller.C NGaler Ginsberg Glover YGodbee Greer YHam Y Hamilton N Manner Harris Y Harrison Y Hasty Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Ylrvin Ylsakson Y Jackson,J N Jackson,N Y Jackson,W Y Jessup N Johnson,G N Johnson,R Jones,B Y Jones,H YKarrh YKemp Y Kilgore Y Lambert N Lane.D Y Lane,R Y Lawson YLee YLogan YLong YLord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin On the motion, the ayes were 106, nays 30. The motion prevailed. Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford N Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNii Y Oliver Y Padgett YParham Y Patten Y Perry Y Peters Phmips,B Y Phillips,L.L Y Phillips,R.T Phillips,W.R N Pilewicz Y Pinkston Y Rainey N Ralston YRamsey Randall Y Reaves N Richardson N Robinson NRose Ross Y Rowland Y Russell Savage Scott,A Y Scott,D N Shepard N Sherrod N Sizemore Y Smith,T Smith.V Smyre YSnow N Steinberg YSwann N Thomas Y Thompson Townsend Y Triplett Tuten Twiggs Y Vandiford YVaughn Y Veazey Y Waddle Y Walker N Wall YWare Y Watson White N Widener N WiUiams,B.J Williams.H Y Williams,R Y Wilson YWood,J Y Wood,J.T Workman Speaker Murphy The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has agreed to the House amendment as amended by the Senate to the following Resolution of the Senate: SR 264. By: Senator Stephens of the 36th: A RESOLUTION proposing an amendment to the Constitution so as to exempt the capital improvements of the Cabbagetown Historic District economic reuse establishment and certain additions thereto from all City of Atlanta and Fulton County ad valorem property taxes, includ ing ad valorem taxes for school purposes, for a period of seven years following their establishment or addition; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1558. By: Representatives Lawson, Wood and Jackson of the 9th: A BILL to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to 3216 JOURNAL OF THE HOUSE, landlord and tenant, so as to change the time of performing certain actions of parties and of the court in dispossessory and distress warrant proceedings; and for other purposes. The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendment to the House substitute thereto: SB 711. By: Senators Lester of the 23rd and Gillis of the 20th: A BILL to amend Code Title 56, known as the "Georgia Insurance Code," so as to provide that the Commissioner may impose an administrative fine upon an insurer for certain acts of officers, employees, agents, or representatives; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The House substitute was read. The following Senate amendment was read: Amend the House substitute to SB 711 by adding at the end of line 17 of page 3 the following: "56-30,", and by adding on line 4 of page 9 after the numeral and symbol "21," and before the word "or" the following: "29,". Representative Ware of the 68th moved that the House agree to the Senate amend ment to the House substitute to SB 711. 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 YArgo Y Auten Balkcom Bargeron Baugh Beal YBeck Y Benefield Benn Birdsong Bishop Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Collins Colwell Connell Couch YCox Y Crawford Crosby Y Culpepper Y Cummings Darden Daugherty Davis.B Y Davis,J Y Davis.L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Felton Y Fortune Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer YHam Hamilton Y Hanner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Y Irvin Isakson Y Jackson,J Y Jackson.N Y Jackson,W Jessup Y Johnson.G Y Johnson,R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Y Lucas Y Mangum YMann Marcus Y Martin Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Nicholson Nix Y Oliver Y Padgett Parham Y Patten Y Perry Y Peters Phillips,B Y Phillips,L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey Y Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Thomas Y Thompson Townsend Y Triplet! Y Tuten Y Vandiford Y Vaughn Y Veazey FRIDAY, MARCH 26, 1982 3217 Waddle Walker YWall Ware Y Watson White Y Widener Y Williams.B.J Williams.H Williams,R Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy On the motion, the ayes were 128, nays 0. The motion prevailed. The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitute thereto: HB 1780. By: Representatives Reaves of the 147th, Long of the 142nd and Hasty of the 8th: A BILL to amend an Act requiring the use of certain equipment on irriga tion systems in this state, so as to change the type of equipment required to be used; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate amendment was read: Amend HB 1780 by striking from lines 22 through 25 of page 1 the following: "and a normally closed solenoid valve located on the suction side of the fertilizer, pes ticide, or chemical injection pump.", and inserting in lieu thereof the following: ". Any system which complied with the law in effect on January l^ 1982, shall be deemed to be in compliance with the provisions of this section." By striking from lines 26 through 28 of page 2 the following: "and a normally closed solenoid valve located on the suction side of the fertilizer, pes ticide, or chemical injection pump.", and inserting in lieu thereof the following: ". Any system which complied with the law in effect on January 1^ 1982, shall be deemed to be in compliance with the provisions of this subsection." Representative Reaves of the 147th moved that the House agree to the Senate amend ment to HB 1780. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J YAdams.M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom Y Bargeron YBaugh Beal Beck YBenefield Y Benn Birdsong Bishop Bolster N Branch Y Bray Brooks Y Buck Y Burruss Y Burton Y Byrd Y Cason Y Castleberry Y Chamberlin Chambless Chance Y Cheeks Y Childers Childs Clark.B Clark,L Y Colbert YColeman Y Collins Y Colwell Y Connell Y Couch Y Cox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis,B Y Davis,J Y Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Felton Y Fortune Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer Y Ham Hamilton Y Banner Y Harris Y Harrison Y Hasty Hawkins Y Hays Hill Y Holmes Y Hooks Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N Y Jackson.W Y Jessup Y Johnson,G Johnson,R Y Jones,B Y Jones,H Y Karrh Y Kemp Y Kilgore Y Lambert Y Lane,D Y Lane,R Y Lawson Y Lee Y Logan 3218 JOURNAL OF THE HOUSE, Y Long YLord YLowe Lucas YMangum YMann Y Marcus Y Martin Y Matthews YMcCollum McDonald McKinney Y Miles Milford Montgomery Y Moody Y Moore Mostiler YMullinax YNicholson Y Nil Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Y Phillips,L.L Y Phillips,R.T Phillips,W.R YPilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Richardson Y Robinson Y Rose Y Ross Y Rowland Y Russell Savage Scott,A Y Scott,D Y Shepard On the motion, the ayes were 134, nays 1. The motion prevailed. Y Sherrod Y Sizemore Y Smith.T Smith, V Smyre Y Snow Y Steinberg Y Swarm Y Thomas Y Thompson Townsend Y Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson White Y Widener Y Williams,B.J Williams.H Y Williams.R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy HB 1586. By: Representatives Randall of the 101st, Lucas of the 102nd, Birdsong of the 103rd, and Home of the 104th: A BILL to amend an Act known as the Housing Authorities Law, so as to provide for a resident of a housing project to be a member of any housing authority created in a city having a population of not less than 110,000 nor more than 130,000 according to the United States decen nial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Senate substitute was read: A BILL To amend an Act known as the Housing Authorities Law, approved March 30, 1937 (Ga. L. 1937, p. 210), as amended, so as to provide for a resident of a housing project to be an additional member of any housing authority created in a city having a population of not less than 110,000 nor more than 130,000 according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Anno tated accordingly; to provide effective dates; to provide for automatic repeal of certain pro visions of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Parti Section 1. An Act known as the Housing Authorities Law, approved March 30, 1937 (Ga. L. 1937, p. 210), as amended, is amended by adding at the end of Section 5 a new paragraph to read as follows: "In addition to the five commissioners otherwise provided for in this section, the authority in each city of this state having a population of not less than 110,000 nor more than 130,000 according to the United States decennial census of 1980 or any future such census shall have an additional commissioner who shall be a resident of a housing project within the city. Such additional commissioner shall be appointed for a term of five years and until the appointment and qualification of a successor. Successors shall also be appointed for terms of five years. The first additional commissioner provided for herein shall be appointed to take office on July 1, 1982." Part 2 Section 2. Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment and qualification of housing authority members, is amended by adding immediately following subsection (g) a new subsection, to be designated subsection (h), to read as follows: FRIDAY, MARCH 26, 1982 3219 "(h) In addition to the five commissioners otherwise provided for in this Code sec tion, the authority in each city of this state having a population of not less than 110,000 nor more than 130,000 according to the United States decennial census of 1980 or any future such census shall have an additional commissioner who shall be a resident of a housing project within the city. Such additional commissioner shall be appointed for a term of five years and until the appointment and qualification of a successor. Successors shall also be appointed for terms of five years. The first additional commissioner pro vided for herein shall be appointed to take office on July 1, 1982." Part3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Randall of the 101st moved that the House agree to the Senate substi tute to HB 1586. On the motion, the ayes were 103, nays 0. The motion prevailed. Representative Jones of the 126th arose to a point of personal privilege and addressed the House. Representative Elliott of the 49th 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 1319. By: Representatives Scott of the 123rd, Hill of the 127th, Phillips of the 125th, Triplett of the 128th, and Chance of the 129th: A BILL to amend an Act relat ing to the school system of the City of Savannah and Chatham County, so as to provide new and different districts for the election of members of the board of education; and for other purposes. The following Senate substitute was read: A BILL To amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 3098), so as to provide new and different districts for the election of members of the board of education; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particu larly by an Act approved March 27, 1972 (Ga. L. 1972, p. 3098), is amended by striking Section 1 and inserting in its place a new section to read as follows: 3220 JOURNAL OF THE HOUSE, "Section 1. (a) The Board of Public Education for the City of Savannah and the County of Chatham shall be composed of a President and eight other members, to be elected as provided in this Act. For the purpose of electing the members of the board, Chatham County shall be divided into eight education districts consisting of the follow ing territory within Chatham County: Education District No. 1 Chatham Tract 13 Block 101 Block Groups 2 and 3 Tract 15 Tract 18 Block Group 1 Blocks 201 through 219 and 221 through 226 Tract 19 Block Group 1 Blocks 203 through 209 and 212 through 214 Block Group 3 Tract 24 Blocks 101 through 106, 110 through 119, 202 through 212, 215 through 220, 301 through 305, 308 through 316, and 318 through 321 Tract 25 Tract 26 Blocks 106, 107, 117, 118, 201, 208, 209, 216, 301, and 308 through 310 Tract 28 Tract 34 Blocks 404 through 418, 420, 422, 424 through 426, 501 through 508, 511, 512, 515 through 522, and 524 through 530 Tract 40.01 Blocks 530 through 533, 535, and 537 through 540 Tracts 43 through 45 Tract 105 Block Groups 1 and 3 Education District No. 2 Chatham Tract 3 Block Groups 4 through 6 Tracts 10 and 11 Tract 19 Blocks 201, 202, 210, 211, and 215 Tracts 20 and 21 Tract 22 Blocks 205, 211, and 213 through 216 Block Groups 3 through 5 Blocks 601 through 603 and 605 through 611 FRIDAY, MARCH 26, 1982 3221 Tract 26 Blocks 101 through 105, 108 through 116, 202 through 207, 210 through 215, 302 through 307, and 311 through 315 Tract 27 Tract 30 Block Group 1 Tract 35.01 Blocks 101, 102, and 104 through 107 Tract 37 Blocks 306 through 313 tract 101.01 Block 110 Block Groups 2 and 3 Education District No. 3 Chatham Tract 3 Block Groups 1 through 3 Tracts 3.99, 8, and 9 Tract 13 Blocks 102 through 114 Tract 22 Block Group 1 Blocks 201 through 204, 206 through 209, 212, and 612 Tract 35.01 Blocks 108 and 109 Block Groups 2 through 5 Tract 35.02 Tract 36.01 That part of Block 101 within the City of Savannah Blocks 111 through 114 Block Groups 2 through 4 Blocks 501 through 503, 603, 604, 609, and 610 Tract 36.02 That part of Block 101 within the City of Savannah Blocks 103 through 109 and 111 Block Groups 2 through 6 Tract 37 Block Groups 1 and 2 Blocks 301 through 305 Tract 38 Tract 39 Blocks 110 through 114, 307 through 321, and 323 Tract 101.01 Blocks 103 through 107 and 109 Tract 101.02 Blocks 312 and 313 Tract 106.99 3222 JOURNAL OF THE HOUSE, Education District No. 4 Chatham Tract 36.01 That part of Block 101 outside the City of Savannah Blocks 102, 103, 105 through 110, 115, 504 through 508, 601, 602, and 605 through 608 Tract 36.02 That part of Block 101 outside the City of Savannah Tract 40.02 Blocks 205 through 219 and 233 through 235 Tract 41 Tract 42.02 Block 140 Tract 101.01 Block 108 Block Group 4 Tract 101.02 Block Groups 1 and 2 Blocks 301 through 310 That part of Block 901 within the City of Thunderbolt Blocks 903 and 921 Tract 102 Blocks 117 and 201 Tract 110.01 Blocks 101 through 109, 111 through 113, 201 through 206, 211 through 214, 301 through 305, 307 through 314, and 401 Block Group 6 Blocks 901 through 903 Tracts 110.02 and 111.01 through 111.03 Education District No. 5 Chatham Tract 29 Tract 30 Block Groups 2 and 3 Tract 34 Block Groups 1 through 3 Blocks 401 through 403, 509, 510, 513, 514, and 523 Tract 39 Blocks 101 through 104, 106 through 109, and 115 through 117 Block Group 2 Blocks 302 through 306 Tract 40.01 Block Groups 1 and 4 Blocks 501 through 507, 509 through 519, 521 through 527, 534, 541, and 542 FRIDAY, MARCH 26, 1982 3223 Tract 40.02 Blocks 201 through 204 and 230 through 232 Block Groups 3 and 5 Tract 42.02 That part of Block 101 outside the City of Vernonberg Blocks 102 through 121, 133, 134, 136, 204 through 206, and 209 through 222 Tract 101.02 Blocks 314 through 318 That part of Block 901 outside the City of Thunderbolt Block 902 Tract 102 Blocks 101 through 116, 118 through 121, and 202 through 206 Education District No. 6 Chatham Tract 42.02 That part of Block 101 within the City of Vernonberg Blocks 122, 123, 138, 139, 201 through 203, 207, and 208 Tracts 42.03 and 42.04 Tract 108.02 Blocks 323 through 329, 401 through 413, 416 through 425, and 427 through 433 Tract 109 Tract 110.01 Blocks 123 through 136, 198, 199, 207 through 209, 215, 220, and 230 through 233 Education District No. 7 Chatham Tract 105 Blocks 202, 204 through 209, 215, 903, 905, 910, 911, 913, 914, 916, 917, 920 through 924, 927, 930, 931, and 990 Tracts 106.01 and 106.03 Tract 106.05 That part of Block 304 within the City of Savannah Blocks 816 and 901 through 904 Tracts 107 and 108.01 Tract 108.02 Block Groups 1 and 2 Blocks 301, 302, 304 through 322, 414, 415, and 426 Block Group 9 3224 JOURNAL OF THE HOUSE, Education District No. 8 Chatham Tracts 1, 6.01, 6.02, 12, and 17 Tract 18 Block 220 Tract 23 Tract 24 Blocks 107 through 109, 120, 201, 213, 214, 306, 307, and 317 Tracts 32, 33.01, and 33.02 Tract 105 Blocks 203, 989, and 992 through 998 Tract 106.04 Tract 106.05 Block Groups 1 and 2 Blocks 301 through 303 That part of Block 304 outside the City of Savannah Blocks 905 through 911, 914, 916 through 918, and 995 through 998 (b) For the 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 education 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. (3) Any part of Chatham County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (c) The members of the board in office on the effective date of this section shall serve out the terms for which they were elected. A successor to each such member shall be elected from the district described in this section which has the same number as such member's district had under the previous law governing education districts in Chatham County." Section 2. All laws and parts of laws in conflict with this Act are repealed. Representative Phillips of the 125th moved that the House agree to the Senate substi tute to HB 1319. On the motion, the ayes were 103, nays 0. The motion prevailed. Representative Burton of the 47th arose to a point of personal privilege and addressed the House. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: FRIDAY, MARCH 26, 1982 3225 HB 48. By: Representatives Richardson of the 52nd and Felton of the 22nd: A BILL to repeal Code Section 74-110, relating to protection of children being reared under immoral, etc., conditions; and for other purposes. The Senate has agreed to the House substitute as amended by the Senate to the fol lowing Bill of the Senate: SB 379. By: Senators Tysinger of the 41st, Stephens of the 36th, Ballard of the 45th, and others: A BILL to amend Code Chapter 56-5, relating to rates for certain types of insurance, so as to change the provisions relating to definitions; to change the provisions relating to the application of said Code chapter; and for other pur poses. The Senate insists on its substitute to the following Resolution of the House: HR 626. By: Representatives Foster and Williams of the 6th and Ramsey of the 3rd: A RESOLUTION proposing an amendment to the Constitution so as to limit increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues pro duced for the immediately preceding calendar year with the base year for such purposes being established as calendar year 1981; and for other purposes. The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HR 626. By: Representatives Foster and Williams of the 6th and Ramsey of the 3rd: A RESOLUTION proposing an amendment to the Constitution so as to limit increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues pro duced for the immediately preceding calendar year with the base year for such purposes being established as calendar year 1981; and for other purposes. Representative Foster of the 6th moved that the House insist on its position in dis agreeing to the Senate substitute to HR 626 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Foster and Williams of the 6th, and Ramsey of the 3rd. Representative Harris of the 8th arose to a point of personal privilege and addressed the House. Representative Lee of the 72nd arose to a point of personal privilege and addressed the House. Representative Richardson of the 52nd arose to a point of personal privilege and addressed the House. Representative Walker of the 115th arose to a point of personal privilege and addressed the House. 3226 JOURNAL OF THE HOUSE, Representative Colwell of the 4th arose to a point of personal privilege and addressed the House. The following Resolution of the House was read and adopted: HR 949. By: Representatives Culpepper of the 98th, Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Connell of the 87th and others: A RESOLUTION recog nizing Representative Joe Frank Harris; and for other purposes. Representative Wood of the 72nd arose to a point of personal privilege and addressed the House. The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon: HB 55. By: Representatives Greer of the 43rd and Adams of the 36th: A BILL to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965," to give the Authority the power to enter into contracts to acquire prop erty from or dispose of property to the United States of America, the State of Georgia, other states of the U.S., and political subdivisions thereof; and for other purposes. The following report of the Second Committee of Conference on HB 55 was read: CONFERENCE COMMITTEE REPORT ON HB 55 The Conference Committee on HB 55 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 55 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Robert H. Bell Senator, 5th District /s/Honorable Nathan Dean Senator, 31st District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable John W. Greer Representative, 43rd District /s/Honorable G. D. Adams Representative, 36th District Honorable Thomas R. Scott Senator, 43rd District /s/Honorable Cas M. Robinson Representative, 58th District A BILL To amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), an Act approved March 16, 1971 (Ga. L. 1971, p. 2082), an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved March 21, 1974 (Ga. L. 1974, p. 2608), an Act approved March 21, 1974 (Ga. L. 1974, p. 2617), an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), an Act approved February 20, 1976 (Ga. L. 1976, p. 217), an Act approved March 24, 1976 (Ga. L. 1976, p. 3092), an Act approved March 24, 1976 (Ga. L. 1976, p. 3098), an Act approved March 24, 1976 (Ga. L. 1976, p. 3104), an Act approved March 31, 1976 (Ga. L. 1976, p. 3407), an Act approved March 23, 1977 (Ga. L. 1977, p. 724), an Act approved March 30, 1977 (Ga. L. 1977, p. 1211), an Act approved April 8, FRIDAY, MARCH 26, 1982 3227 1977 (Ga. L. 1977, p. 1312), an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), an Act approved March 25, 1980 (Ga. L. 1980, p. 3831), an Act approved March 27, 1980 (Ga. L. 1980, p. 4333), and an Act approved April 7, 1981 (Ga. L. 1981, p. 4289), is hereby amended so as to give the Authority the power to enter into contracts to acquire property from or dispose of property to the United States of America, the State of Georgia, other states of the United States, and political subdivisions thereof, without the necessity of public advertising or competitive bidding; to permit the Authority to negotiate an acquisi tion, disposition or contract if the Authority fails to receive at least one bid that conforms to the terms of its invitation for bids and which is also reasonable in price; to further define and specify the Authority's powers to bargain collectively with an authorized repre sentative of its employees; to regulate any labor arbitration and certain labor agreements between the Authority and an authorized representative of its employees; to prohibit strikes and work stoppages by employees of the Authority; to prohibit certain changes in wages and fringe benefits after the expiration of a labor contract; to provide for jurisdic tion in the Superior Court of Fulton County over the foregoing; to limit wage, salary, and fringe benefit increases paid to certain officers and employees of the Authority; to allow a tax credit in certain limited instances against the retail sales and use tax authorized to be imposed by a local taxing jurisdiction upon tangible personal property pursuant to Sec tion 25 of said Act; to provide for severability; to provide an effective date; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), an Act approved March 16, 1971 (Ga. L. 1971, p. 2082), an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), an Act approved March 17, 1973 (Ga. L. 1973, p. 141), an Act approved March 21, 1974 (Ga. L. 1974, p. 2608), an Act approved March 21, 1974 (Ga. L. 1974, p. 2617), an Act approved March 21, 1974 (Ga. L. 1974, p. 2627), an Act approved February 20, 1976 (Ga. L. 1976, p. 217), an Act approved March 24, 1976 (Ga. L. 1976, p. 3092), an Act approved March 24, 1976 (Ga. L. 1976, p. 3098), an Act approved March 24, 1976 (Ga. L. 1976, p. 3104), an Act approved March 31, 1976 (Ga. L. 1976, p. 3407), an Act approved March 23, 1977 (Ga. L. 1977, p. 724), an Act approved March 30, 1977 (Ga. L. 1977, p. 1211), an Act approved April 8, 1977 (Ga. L. 1977, p. 1312), an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), an Act approved March 25, 1980 (Ga. L. 1980, p. 3831), an Act approved March 27, 1980 (Ga. L. 1980, p. 4333), and an Act approved April 7, 1981 (Ga. L. 1981, p. 4289), is hereby amended by adding immediately after subsection (q) of Section 8 a new subsection (r) to read as follows: "(r) The power to enter into and make any contract with the United States of Amer ica or with any department or agency thereof, with the State of Georgia or any depart ment, division, bureau, commission, board, authority, agency, county, municipality or other political subdivision thereof, or with another State of the United States or any department, division, bureau, commission, board, authority, agency, county, municipality or other political subdivision thereof, for the purchase, lease (as lessee) or other acquisi tion, or for the sale, lease (as lessor) or other disposition, of any equipment, supplies, material or other property, both real and personal, without being required to make pub lic advertising for the receipt of bids or for the award of a contract and also without being required to invite or receive competitive bids pursuant to Section 14 of this Act, provided that any such contract for the sale, lease (as lessor) or other disposition of property owned by the Authority must provide for the receipt by the Authority of con sideration at least equal in value to the interest so sold, leased, or otherwise disposed of, all as established by independent appraisal." Section 2. Said Act is further amended by adding immediately after subsection (j) of Section 14 a new subsection (k) to read as follows: "(k) If the Authority issues an invitation to bid pursuant to this Section, and if the Authority then fails to receive at least one bid that conforms to the terms of its invita tion for bids and which is also reasonable in price, then the Authority may negotiate 3228 JOURNAL OF THE HOUSE, an acquisition, disposition or contract where the amount involved is $5,000 or more. No such negotiated acquisition, disposition or contract shall be made without the express approval of the Board and unless the negotiated price is reasonable." Section 3. Said Act is further amended by striking subsection (b) of Section 20 thereof, which reads as follows: "(b) The Board may provide for the recognition of authorized representatives of the employees of the Authority and for bargaining with its employees through such agents in the same manner and to the same extent as if they were the employees of any pri vately owned transportation system.", and inserting in its place the following: "(b) (1) The Board may provide for the recognition of authorized representatives of the employees of the Authority and for bargaining with its employees through such agents in the same manner and to the same extent as if they were the employees of any privately owned transportation system. (2) The Authority shall submit labor disputes to binding grievance arbitration. Any labor dispute between the Authority and the authorized representative of its employees which involves the formulation of contract provisions governing matters other than wages, which dispute cannot be settled by collective bargaining within 60 days after the expiration of a labor agreement between the Authority and the autho rized representative, shall be submitted to fact finding under paragraph (5) of this subsection (b) and, if the dispute cannot be settled by collective bargaining by the earlier of 15 days following the issuance of the fact-finding report or 120 days after the expiration of the labor agreement, the dispute shall be submitted to binding inter est arbitration. Any labor dispute involving the formulation of contract provisions gov erning wages may, with the consent of both parties, be submitted to binding interest arbitration. As used in this subsection (b), 'interest arbitration' shall mean arbitration which determines or formulates the terms and conditions of a labor agreement between the Authority and the authorized representative, including the formulation of contract provisions governing wages, hours, and working conditions. As used in this subsection (b), 'grievance arbitration' shall mean arbitration of a dispute between the Authority and the authorized representative acting on behalf of an employee which involves the application or interpretation of the terms and conditions of an existing labor agreement. In any grievance arbitration, the arbitrators must base their decision upon the express terms and conditions of a labor agreement between the Authority and the authorized representative. No award in arbitration and no labor agreement entered into by the Authority may dilute, diminish, or impair the inherent manage ment rights of the Authority, which shall include, by way of illustration and not by way of limitation, the following: (A) The right to direct, appoint, employ, assign, respecting rights of seniority, and promote officers, agents, and employees and to determine the standards there for; (B) The right to discharge and terminate employees for just cause; (C) The right to plan and determine the levels of service to be provided by the Authority; (D) The right, respecting rights of seniority, to assign work and the right to establish the standards of productivity of employees; (E) The right to determine whether goods or services, other than the operating of buses or rail vehicles, should be contracted for, leased, purchased, or otherwise acquired on either a permanent or temporary basis, provided that no employees of the Authority are laid off as a result of this subparagraph (E); (F) The right to hire part-time employees without payment of fringe benefits afforded to full-time employees, except that no part-time employee shall work more than 25 hours per week; and (G) The right, respecting rights of seniority, to establish the number of regular hours that may be worked by an employee in any one week, not to exceed 40 regular hours, and to establish the number of overtime hours that may be worked by an employee in any one week, not to exceed ten overtime hours. FRIDAY, MARCH 26, 1982 3229 (3) Any neutral arbitrator appointed or selected to decide or determine any inter est arbitration between the Authority and the authorized representative of any of its employees shall be a resident of either Fulton County or DeKalb County and must meet the standards established by the American Arbitration Association. (4) In any interest arbitration between the Authority and an authorized represen tative, the arbitrators shall consider and give weight primarily to the following factors in determining their award: (A) The financial ability of the Authority to pay wages and provide benefits, whether or not increased, while adhering to all legal requirements governing the Authority's expenditure of public funds and revenues and maintaining levels of transit service sufficient to serve the metropolitan area; (B) The amount, if any, of any fare increase which would be necessary to afford a wage or salary increase (or improvement in fringe benefits or extension of vaca tion, holiday, or excused time) and the ability of the public to bear a fare increase, with consideration of the per capita income of those persons in the service area; (C) A comparison between the overall wage and salary levels and fringe benefit levels and vacation, holiday, and excused time allowances of the Authority's repre sented employees and other workers in the public and private sectors of the metro politan area who perform work requiring similar skills in other major ground transportation services; (D) A comparison of the hours and working conditions of the Authority's repre sented employees and other workers in the public and private sectors of the metro politan area who perform work requiring similar skills in other major ground transportation services; (E) The cost of consumer goods and services within the metropolitan area; (F) Any stipulation entered into between the Authority and the authorized rep resentative. (5) Prior to any interest arbitration to determine, in whole or in part, the wages, hours, or working conditions of any employee of the Authority, the Authority and the authorized representative shall select (or failing their agreement within a reasonable period of time, the Presiding Judge of the Superior Court of Fulton County shall appoint) a neutral fact-finder to explore the issues and render a report to the Author ity, the authorized representative concerned, and the public. The report shall recom mend appropriate wages, hours, and working conditions for the Authority employees and shall set forth supporting factual findings, determined with due and proper con sideration of the factors set forth in paragraph (4) of this subsection (b). No interest arbitration proceedings may commence until a 15 day period following the issuance of said report has expired to give the Authority and said authorized representative an opportunity to continue collective bargaining in good faith during said 15 day period. (6) In enacting this subsection (b), the General Assembly recognizes that arbitra tion ousts the jurisdiction of the courts and declares that it is appropriate for the State to regulate any method of disputes resolution that takes place outside the judi cial system. The Superior Court of Fulton County shall have equitable and legal juris diction to enforce this subsection (b). (7) No employee of the Authority shall engage in any strike, sit-down, slow-down, walkout, or other concerted cessation or curtailment of work, and no authorized repre sentative of employees of the Authority shall cause, instigate, encourage, promote or condone any strike, sit-down, slow-down, walkout or other concerted cessation or cur tailment of work by any employee of the Authority. The Authority shall not increase, decrease, or otherwise change the wages (including accrued cost-of-living allowances) or fringe benefits of employees as of the last day of an expired contract pending the establishment of new wages and fringe benefits by negotiation or arbitration. (8) Officers and employees of the Authority, other than the general manager, who are not covered by a labor agreement between the Authority and the authorized repre sentatives of its employees shall receive no greater increase in salaries, wages, and fringe benefits than the average percentage increase in salaries, wages, and fringe ben efits granted to employees covered by that labor agreement." 3230 JOURNAL OF THE HOUSE, Section 4. Said Act is further amended by designating the existing text of paragraph (c) of Section 25 as paragraph (1) and adding a new paragraph (2) of Section 25 to read as follows: "(2) Credit. A credit shall be allowed against the tax authorized to be levied pursu ant to this Act for the amount of local sales or use tax imposed pursuant to Code Chap ter 91A-46 or Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, as now or hereafter amended, which has been paid with respect to the same property by the purchaser thereof in a local taxing jurisdiction within the State; pro vided, however, that no credit shall be allowed for taxes paid in another local taxing jurisdiction unless a like credit is granted against the tax authorized to be imposed pur suant to said Code Chapter 91A-46 or Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated for any amount which has been paid as a tax levied pursu ant to this Act. If the amount of sales or use tax so paid pursuant to said Code Chapter 91A-46 or Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated is less than the amount of tax payable pursuant to this Act, the purchaser shall pay an amount equal to the difference between the amount so paid and the amount due as authorized to be levied pursuant to this Act. Provided further, that no credit hereunder will be allowed within the territory of any local government which levies both the tax authorized pursuant to this Act and a local sales or use tax pursuant to said Code Chap ter 92A-46 or Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Anno tated. The State Revenue Commissioner may require such proof of payment of taxes levied pursuant to said Code Chapter 91A-46 or Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated as he deems necessary and proper." Section 5. In the event any section, subsection, sentence, clause or phrase of this Act is declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 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. Representative Adams of the 36th moved that the House adopt the report of the Sec ond Committee of Conference on HB 55. On the motion, the roll call was ordered and the vote was as follows: N Aaron Y Adams,G Y AdamsJ YAdams.M N Aiken Y Anderson YArgo Y Auten Y Balkcom Y Bargeron Y Baugh N Beat YBeck YBenefield Benn NBirdsong N Bishop N Bolster Y Branch YBray N Brooks Y Buck Y Burruss N Burton N Byrd Y Cason YCastleberry Y Chamberlin Chambless Chance N Cheeks N Childers YChilds N Clark,B Y Clark.L Y Colbert Coleman Y Collins Y Colwell Y Connell Y Couch Y Cox Y Crawford Y Crosby Y Culpepper N Cummings N Darden N Daugherty Davis.B Y Davis,J N Davis.L Dean Dent Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Fortune Y Foster N Fuller.C Y Galer N Ginsberg Glover Y Godbee Y Greer Y Ham Y Hamilton Hanner Y Harris N Harrison Y Hasty N Hawkins Y Hays N Hill N Holmes Y Hooks Home Hutchinson Irvin Y Isakson Y Jackson,J Y Jackson,N Jackson,W Y Jessup N Johnson.G N Johnson,R Y Jones,B Y Jones,H Y Karrh Y Kemp Y Kilgore Y Lambert N Lane,D Y Lane,R Y Lawson Y Lee Y Logan FRIDAY, MARCH 26, 1982 Y Long Y Lord YLowe Y Lucas NMangum YMann Y Marcus N Martin Y Matthews Y McCollum Y McDonald N McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler YMullinax N Nicholson N Nix Y Oliver Y Padgett Y Parham Y Patten N Perry Y Peters N Phillips.B Y Phillips,L.L Y Phillips,R.T N Phillips.W.R YPilewicz Y Pinkston Y Rainey N Ralston Y Ramsey N Randall Y Reaves N Richardson Y Robinson Y Rose Y Ross Rowland Y Russell Savage N Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith,V Smyre Y Snow Y Steinberg Y Swann N Thomas N Thompson Y Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn On the motion, the ayes were 112, nays 43. The motion prevailed. 3231 Y Veazey Y Waddle Y Walker N Wall Y Ware Y Watson N White N Widener Y Williams.B.J Williams,H Williams.R Y Wilson N Wood,J Y Wood,J.T Workman Speaker Murphy Representatives Irvin of the 10th, Workman of the 56th, and Fortune of the 71st stated that they had been called from the floor of the House during the preceding roll call and requested to be recorded as voting "aye" thereon. Representative Kemp of the 139th stated that he had inadvertently voted "aye" on the preceding roll call but wished to vote "nay" thereon. HB 1373. By: Representatives Reaves of the 147th, Veazey of the 146th, Balkcom of the 140th, Long of the 142nd, and Cheeks of the 89th: A BILL to amend Code Chapter 84-40, relating to the Georgia State Board of Landscape Architects, so as to continue the board and the laws relating to the board until a certain date; to clarify the exemption for landscape contractors; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following report of the Committee of Conference on HB 1373 was read: CONFERENCE COMMITTEE REPORT ON HB 1373 The Conference Committee on HB 1373 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1373 be adopted. Respectfully submitted, FOR THE SENATE: /s/HSeonnaotroarb, le33RrdoyDEis.trBicatrnes /s/Honorable Julian Bond Senator, 39th District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Henry L. Reaves Representative, 147th District /s/Honorable Don Castleberry Representative, lllth District /s/Honorable Ed Barker Senator, 18th District /s/Honorable Jack Irvin Representative, 10th District A BILL To amend Code Chapter 84-40, relating to the Georgia State Board of Landscape Architects, as amended, particularly by an Act approved March 20, 1980 (Ga. L. 1980, p. 3232 JOURNAL OF THE HOUSE, 591) and an Act approved April 7, 1981 (Ga. L. 1981, p. 781), so as to change the qualifica tions of landscape architects; to continue the board and the laws relating to the board until a certain date; to clarify the exemption for landscape contractors; to amend the Offi cial Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Chapter 84-40, relating to the Georgia State Board of Landscape Architects, as amended, particularly by an Act approved March 20, 1980 (Ga. L. 1980, p. 591) and an Act approved April 7, 1981 (Ga. L. 1981, p. 781), is amended by striking sub section (a) of Code Section 84-4004, relating to exemptions, and inserting in its place a new subsection to read as follows: "(a) A landscape contractor, including a residential landscape contractor, engaging in the business of, or acting in the capacity of a landscape contractor in Georgia tmder pre visions ef ay law regulating landscape contracting, insofar as he engages in the business or acts in the capacity of a landscape contractor in its various forms." Section 2. Said Code chapter is further amended by striking subsection (e) of Code Section 84-4005 and inserting in its place a new subsection (e) to read as follows: "(e) Pursuant to Section 9 of 'The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies," approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Georgia State Board of Landscape Architects and the laws relating thereto are hereby continued until July 1, 1082 1986, at which time the board shall be terminated. Upon its termination, the board shall con tinue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board." Section 3. Said Code chapter is further amended by striking paragraph (2) of subsec tion (a) of Code Section 88-4010 and inserting in its place a new paragraph to read as fol lows: "(2) Shall have had at least eight six and one-half years of training in the actual practice of landscape architecture; provided that a person holding a degree which requires five academic years of education from a school of landscape architecture, envi ronmental design, or its equivalent approved by the board, may be licensed after having received thfee one and one-half years of training in the actual practice of landscape architecture as may be approved by the board, provided that th at least one year of such actual practice shall be obtained subsequent to receiving the receipt of such under graduate degree; provided, further that the board may substitute any educational experi ence it deems sufficient which is not otherwise represented by the aforementioned undergraduate degree in landscape architecture, environmental design, or its equivalent for any equivalent term necessary to attain the requisite eight six and one-half years of experience. With no degree in landscape architecture, environmental design, or its equiv alent, all actual practice shall be under the direction of a licensed landscape architect." Section 4. Said Code chapter is further amended by striking subsection (b) of Code Section 88-4010 and inserting in its place a new subsection to read as follows: "(b) The applicant for licensure must pass have passed a written examination gener ally covering the matters confronting landscape architectSj provided that persons holding degrees which require five academic years of education from approved schools of land scape architecture, environmental design, or their equivalent shall be permitted to take FRIDAY, MARCH 26, 1982 3233 such examination prior to satisfying the actual practice requirements of this Code sec tion by furnishing satisfactory proof of their graduation to the board. The examination shall cover such matters as are reasonably calculated to test the knowledge and skill of the applicant in the field of landscape architecture. Failure to pass the examination shall be grounds for denial of a license without a further hearing." Part 2 Section 5. Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to landscape architects, is amended by striking Code Section 43-23-7 and inserting in its place a new Code section to read as follows: "43-23-7. (a) Each applicant for licensure as a landscape architect shall: (1) Be at least 18 years of age; and (2) Have had at least eight six and one-half years of training in the actual practice of landscape architecture, provided that a person holding a degree which requires five academic years of education from a school of landscape architecture, environmental design, or its equivalent approved by the board may be licensed after having received three one and one-half years of training in the actual practice of landscape architec ture as may be approved by the board, provided that the at least one year of such actual practice shall be subsequent to receiving such undergraduate degree and pro vided, further, that the board may substitute any educational experience it deems suf ficient which is not otherwise represented by the aforementioned undergraduate degree in landscape architecture, environmental design, or its equivalent for any equivalent term necessary to attain the requisite eight six and one-half years of expe rience. In the absence of a degree in landscape architecture, environmental design, or its equivalent, all actual practice shall be under the direction of a licensed landscape architect. (b) Persons who, on July 1, 1976, held licenses as landscape architects issued under the laws of this state shall not be required to obtain additional licenses under this chap ter but shall otherwise be subject to all applicable provisions of this chapter, including those pertaining to renewal of such license; and such licensee shall be considered licensed for all purposes under this chapter and subject to the provisions hereof. (c) The applicant for licensure must pass have passed a written examination gener ally covering the matters confronting landscape architectsz provided that persons holding degrees which require five academic years of education from approved schools of land scape architecture, environmental design, or their equivalent shall be permitted to take such examination prior to satisfying the actual practice requirements of this Code sec tion by furnishing satisfactory proof of their graduation to the board. The examination shall cover such matters as are reasonably calculated to test the knowledge and skill of the applicant in the field of landscape architecture. Failure to pass the examination shall be grounds for denial of a license without a further hearing." Section 6. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 43-23-17 and inserting in its place a new paragraph to read as follows: "(1) A landscape contractor, including a residential landscape contractor, engaging in the business of or acting in the capacity of a landscape contractor in this state under provisions ef any kiw regulating landscape contracting, insofar as he engages in the busi ness or acts in the capacity of a landscape contractor in its various forms;". Section 7. Said chapter is further amended by striking Code Section 43-23-20 and inserting in its place a new Code section to read as follows: "43-23-20. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Landscape Architects shall be terminated on July 1, 1082 1986, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8." 3234 JOURNAL OF THE HOUSE, Parts Section 8. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 9. All laws and parts of laws in conflict with this Act are repealed. Representative Reaves of the 147th moved that the House adopt the report of the Committee of Conference on HB 1373. 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 Aiken Y Anderson YArgo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield Benn Birdsong Y Bishop Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Y Colbert Coleman Y Collins Y Colwell Y Connell Y Couch YCoi Y Crawford Y Crosby Culpepper Cummings Y Darden Y Daugherty Davis,B Y Davis,J Y Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Evans Y Felton Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover YGodbee Greer YHam Hamilton Manner Y Harris Harrison Y Hasty Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson Ylrvin Y Isakson Y Jackson,J Y Jackson,N Y Jackson.W Y Jessup Y Johnson.G Y Johnson,R Jones,B Jones,H YKarrh YKemp Y Kilgore Y Lambert Y Lane,D Y Lane,R Y Lawson YLee YLogan YLong YLord YLowe Y Lucas Y Mangum YMann Marcus Y Martin On the motion, the ayes were 133, nays 0. The motion prevailed. Y Matthews Y McCoIlum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett YParham Y Patten Y Perry Y Peters Phillips,B Phillips.L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Richardson Robinson YRose YRoss Rowland Y Russell Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Thompson Townsend Y Triplett Tuten Y Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker YWall Y Ware Y Watson Y White Y Widener Y Williams,B.J Williams.H Williams.R Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy HB 1252. By: Representative Watson of the 114th: A BILL to amend Code Chapter 5A-25, relating to state license requirements and regulations for manufacture, distribu tion, and package sales business; to amend the Official Code of Georgia Anno tated accordingly; and for other purposes. The following report of the Committee of Conference on HB 1252 was read: CONFERENCE COMMITTEE REPORT ON HB 1252 The Conference Committee on HB 1252 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1252 be adopted. FRIDAY, MARCH 26, 1982 3235 FOR THE SENATE: /s/Honorable Richard L. Greene Senator, 26th District /s/Honorable Frank Eldridge, Jr. Senator, 7th District /s/Honorable Lee Robinson Senator, 27th District Respectfully submitted, FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Harry D. Dixon Representative, 151st District /s/Honorable Roy H. Watson, Jr. Representative, 114th District /s/Honorable Burl Davis Representative, 99th District A BILL To amend Code Title 5A, relating to alcoholic beverages, so as to provide that license hearings conducted by the commissioner are exempt from the requirements of the "Geor gia Administrative Procedure Act"; to provide procedures for the holding of referendum elections in certain situations and to provide for matters relative thereto; to require a sepa rate retail license for each place of business; to provide for an existing license to apply to a new location in certain circumstances where a retail licensee moves his package sales business; to change certain population brackets and census references; to amend an Act known as the "Georgia Administrative Procedure Act," approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, so as to exempt certain proceedings of the commissioner from coverage under the Act; to amend an Act entitled "An Act to amend the Code of Georgia of 1933, as amended, so as to codify, revise, clarify, classify, consolidate, modernize, and supersede exhaustively and completely certain laws relating to the regulation and taxation of alcoholic beverages; to create Code Title 5A of the Code of Georgia of 1933, as amended; to provide a short title; to define certain terms; to provide for continuation of certain forms and filings; to provide that the Act shall not affect or abate certain actions, rights, proceedings, and violations; to provide for administration of the provisions of the title by the State Revenue Commissioner; to provide for rules and regulations; to specify powers of the State Revenue Commissioner; to specify certain prohibitions; to declare cer tain privileges; to specify certain requirements; to provide for access to certain records; to provide for penalties and interest; to specify certain law enforcement duties; to provide for seizure and disposition of contraband; to provide for a tax on distilled spirits; to regulate package sales; to provide license and excise taxes; to regulate sales by the drink; to provide excise and license taxes; to tax and regulate sales and consumption of beer and wine; to authorize certain local option alcoholic beverage control; to provide for sales and regulation of alcoholic beverages in private clubs; to specify certain crimes; to amend an Act known as 'The Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), so as to provide that the regulation of liquor and alcoholic beverages is within the scope of the Act; to provide for other matters relative to the foregoing; to provide that certain laws are not repealed; to repeal certain specific laws; to repeal conflicting laws; and for other purposes.", approved April, 8, 1980 (Ga. L. 1980, p. 1573), so as to repeal a sec tion of said Act relating to the applicability of the "Georgia Administrative Procedure Act" to the regulation of alcoholic beverages; to amend the Official Code of Georgia Anno tated accordingly; to provide effective dates; to repeal conflicting laws; and for other pur poses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Title 5A, relating to alcoholic beverages, is amended by striking par agraph (2) of subsection (a) of Code Section 5A-303 in its entirety and inserting in lieu thereof a new paragraph (2) of subsection (a) of said Code section to read as follows: 3236 JOURNAL OF THE HOUSE, "(2) Before any denial, suspension, or cancellation of a license granted pursuant to this title, the applicant or licensee shall be afforded a hearing in the manner; and sub ject to the conditions; and procedures fet hearings contested eases fey the 'Georgia Administrative Act,' as the At may new er ia the future be amended established by this chapter and the commissioner." Section 2. Said Title is further amended by striking subsection (g) of Code Section 5A-507 in its entirety and substituting in lieu thereof a new subsection (g) to read as fol lows: "(g) In each county having a population of not less than 160,000 153,000 or more than 165,000, according to the census, in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises: (1) At any time from 11:55 P.M. on Saturdays and the two hours immediately fol lowing such time. (2) In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. For the purposes of this paragraph, 'eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines for consumption on the premises and which derives at least 50 per cent of its total annual gross food and beverage sales from the sale of prepared meals or food." Section 3. Said Title is further amended by adding between Code Sections 5A-2502 and 5A-2503 a new Code section, to be designated Code Section 5A-2502.1, to read as fol lows: "5A-2502.1. Retail licenses, (a) A separate retail license shall be required for each place of business. (b) In cases where a retail licensee is moving his package sales business to a different location, he shall be authorized to make application to have the license for the location previously occupied apply to the new location. Anything contained in Code Section 5A-2502 to the contrary notwithstanding, if the retail licensee complies with all other requirements of law, the commissioner shall authorize the existing license to apply to the new location." Section 4. Said Title is further amended by striking subsection (b) of Code Section 5A-2902 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) (1) (A) In the event the governing authority of any municipality or county coming under the provisions of this Code section desires to exercise the powers authorized by Code Section 5A-2901, the governing authority shall conduct a special referendum election for the purpose of determining whether or not these powers shall be exercised. Any such governing authority shall notify the election superin tendent of the county, or the municipality, as the case may be, of the referendum, by forwarding to the superintendent a copy of a resolution of such governing authority calling for such a referendum election. Upon receipt of such resolution, it shall be the duty of such election superintendent to set a date and to issue the call for an election for the purpose of submitting the question of whether or not the gov erning authority of the county or municipality shall be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for con sumption only on the premises. The superintendent shall set the date of the refer endum election for not less than 30 nor more than 45 days after the call. Notice of the call for the referendum shall be published by the superintendent in the legal organ of the county or, in the case of a municipality, in a newspaper of general cir culation in the municipality. The election superintendent shall also cause the date and purpose of the referendum to be published in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the munic ipality once a week for two weeks immediately preceding the date of the election. The ballot shall have printed thereon the following: FRIDAY, MARCH 26, 1982 3237 '( ) YES ( ) NO Shall the governing authority of ____________________ be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?' (B) All persons desiring to vote in favor shall vote 'Yes,' and those persons opposed shall vote 'No.' If more than one-half of the votes cast on such question are in favor of issuing licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises, then the governing authority shall, in accordance with this section, issue such licenses, otherwise, no license shall be issued. It shall be the duty of the election superintendent to hold and conduct such election under the same rules that govern special elections as pro vided in the Georgia Election Code for county elections, or in the Georgia Municipal Election Code, for municipal elections. It shall be his further duty to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality con ducting the election. (2) (A) In the event the governing authority of any municipality or county com ing under the provisions of this Code section does not adopt a resolution directing the election superintendent to issue a call for the referendum provided for in para graph (1), then, upon a written petition containing the signatures of 15 percent of the registered and qualified voters of any municipality or county coming within the provisions of this Code section being filed with the appropriate election superin tendent, such election superintendent shall be required to call and hold a special referendum election for the purpose of submitting to the qualified voters of the municipality or the county, as the case may be, the question of whether or not the governing authority shall be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises. For purposes of this Code section the required number of signatures of registered voters of a political subdivision shall be computed based on the number of voters qualified to vote at the general election immediately preceding the presen tation of the petition. However, signers of the petition shall be registered and quali fied to vote in the referendum election sought by the petition. The election superintendent shall verify the signatures on the petition within 15 days after such petition has been placed on file in his office. If the petition contains a sufficient number of valid signatures, the election superintendent shall set the date of the ref erendum election for not less than 30 nor more than 45 days after the call. Notice of the call for the referendum shall be published by the superintendent in the legal organ of the county or, in the case of a municipality, in a newspaper of general cir culation in the municipality. The election superintendent shall also cause the date and purpose of the referendum to be published in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the munic ipality once a week for two weeks immediately preceding the date of the election. The ballot shall have printed thereon the following: '( ) YES ( ) NO Shall the governing authority of _________________ be autho rized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?' (B) All persons desiring to vote in favor shall vote 'Yes,' and those persons opposed shall vote 'No.' If more than one-half of the votes cast on such question are in favor of issuing licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises, then the governing authority shall, in accordance with this Code section, issue such licenses, otherwise, no license shall be issued. It shall be the duty of the election superintendent to hold and conduct such election under the same rules that govern special elections as pro vided in the Georgia Election Code for county elections, or the Georgia Municipal Election Code, for municipal elections. It shall be his further duty to canvass the returns and declare and certify the results of the election to the Secretary of State. 3238 JOURNAL OF THE HOUSE, The expense for the election shall be borne by the county or the municipality con ducting the election. (C) Following the expiration of two years after any election is held which results in the disapproval of sales as provided in this chapter, another election on this ques tion shall be held if another petition, as provided above, is filed with the appropri ate governing authority." Section 5. Said Title is further amended by striking paragraph (1) of subsection (a) of Code Section 5A-6503 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: "(1) 'Coliseum authority' means any public coliseum authority created by law in any county having a population of not less than 146,000 153,000 and not more than 165,000, according to the census." Section 6. An Act known as the "Georgia Administrative Procedure Act," approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, is amended by striking subsection (a) of Section 2 of said Act in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) 'Agency' means each State board, bureau, commission, department, activity or officer authorized by law expressly to make rules and regulations or to determine con tested cases except the General Assembly, the judiciary, the Governor, the Board of Par dons and Paroles, the State Board of Probation, the Board of Bar Examiners, the Board of Offender Rehabilitation and its penal institutions, the State Board of Workers' Com pensation, all Public Authorities, the State Personnel Board (Merit System), the State Supervisor of Purchases (Purchasing Department), the regulation ef- Hqje and alcoholic beverages the Department of Revenue when conducting hearings on the denial, suspen sion, or cancellation of licenses relating to alcoholic beverages, or any school, college, hospital or other such educational, eleemosynary or charitable institution, or any agency when its action is concerned with the military or naval affairs of this State." Section 7. An Act entitled "An Act to amend the Code of Georgia of 1933, as amended, so as to codify, revise, clarify, classify, consolidate, modernize, and supersede exhaustively and completely certain laws relating to the regulation and taxation of alco holic beverages; to create Code Title 5A of the Code of Georgia of 1933, as amended; to provide a short title; to define certain terms; to provide for continuation of certain forms and filings; to provide that the Act shall not affect or abate certain actions, rights, pro ceedings, and violations; to provide for administration of the provisions of the title by the State Revenue Commissioner; to provide for rules and regulations; to specify powers of the State Revenue Commissioner; to specify certain prohibitions; to declare certain privileges; to specify certain requirements; to provide for access to certain records; to provide for pen alties and interest; to specify certain law enforcement duties; to provide for seizure and disposition of contraband; to provide for a tax on distilled spirits; to regulate package sales; to provide license and excise taxes; to regulate sales by the drink; to provide excise and license taxes; to tax and regulate sales and consumption of beer and wine; to authorize certain local option alcoholic beverage control; to provide for sales and regulation of alco holic beverages in private clubs; to specify certain crimes; to amend an Act known as 'The Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), so as to provide that the regulation of liquor and alcoholic beverages is within the scope of the Act; to provide for other matters relative to the foregoing; to provide that certain laws are not repealed; to repeal certain specific laws; to repeal conflicting laws; and for other purposes.", approved April 8, 1980 (Ga. L. 1980, p. 1573), is amended by repealing in its entirety Section 2 of said Act which reads as follows: "Section 2. 'Administrative Procedure Act' amended. An Act known as 'The Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), is hereby amended by striking from subsection (a) of Section 2 thereof the following: 'the regulation of liquor and alcoholic beverages,', FRIDAY, MARCH 26, 1982 3239 so that when so amended subsection (a) of Section 2 shall read as follows: '(a) "Agency" means each State board, bureau, commission, department, activity or officer authorized by law expressly to make rules and regulations or to determine con tested cases except the General Assembly, the judiciary, the Governor, the Board of Pardons and Paroles, the State Board of Probation, the Board of Bar Examiners, the Board of Corrections and its penal institutions, the State Board of Workers' Compen sation, all Public Authorities, the State Personnel Board (Merit System), the State Supervisor of Purchases (Purchasing Department), or any school, college, hospital or other such education, eleemosynary or charitable institution, or any agency when its action is concerned with the military or naval affairs of this State.'" Part 2 Section 8. Code Section 3-2-3 of the Official Code of Georgia Annotated, relating to the powers of the commissioner to regulate alcoholic beverages, is amended by striking paragraph (1) of said Code section in its entirety and inserting in lieu thereof a new para graph (1) to read as follows: "(1) Deny, suspend, or cancel any license required under this title if: (A) The license application is not filed in good faith or is filed by some person as a subterfuge for any other person; (B) Any applicant for a license or any licensee under this title willfully fails to comply with any provisions of this title or with rules and regulations adopted by the commissioner; or (C) Any person to whom a license has been issued is no longer engaged in the dealing of alcoholic beverages or no longer qualifies as a licensee under this title. Before any denial, suspension, or cancellation of a license granted pursuant to this title, the applicant or licensee shall be afforded a hearing in the manner, and subject to the conditions; and procedures provided fer hearings at contested eases by Chapter 13 ef Title 60; the 'Georgia Administrative Procedure Act.' established by this chapter and the commissioner. The commissioner shall notify an applicant or licensee in writing of the denial, suspension, or cancellation by registered or certified mail to the last known address of the applicant or licensee appearing in the commissioner's files or by personal service upon the applicant or licensee by an authorized agent of the commissioner. Upon cancellation of a license for cause under this paragraph, there shall be no renewal or reissuance of the canceled license for a period of two years from the date of cancella tion;". Section 9. Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, is amended by striking subsection (f) of said Code section in its entirety and substituting in lieu thereof a new subsection (f) to read as follows: "(f) In each county having a population of not less than 160,000 153,000 nor more than 165,000 according to the United States decennial census of 19TO 1980 or any future such census in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alco holic beverages for consumption on the premises: (1) At any time from 11:55 P.M. on Saturdays and the two hours immediately fol lowing such time; and (2) In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays from 12:30 P.M. until 12:00 Midnight. As used in this paragraph, the term 'eating establishment' means an estab lishment which is licensed to sell distilled spirits, malt beverages, or wines for con sumption on the premises and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food." Section 10. Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to distilled spirits, is amended by adding between Code Sections 3-4-21 and 3-4-22 a new Code section, to be designated Code Section 3-4-21.1, to read as follows: 3240 JOURNAL OF THE HOUSE, "3-4-21.1. (a) A separate retail license shall be required for each place of business. (b) In cases where a retail licensee is moving his package sales business to a different location, he shall be authorized to make application to have the license for the location previously occupied apply to the new location. Anything contained in Code Section 3-4-21 to the contrary notwithstanding, if the retail licensee complies with all other requirements of law, the commissioner shall authorize the existing license to apply to the new location." Section 11. Code Section 3-4-91 of the Official Code of Georgia Annotated, relating to procedures for authorizing sales of distilled spirits by the drink, is amended by striking subsection (b) of said Code section in its entirety and inserting in lieu thereof a new sub section (b) to read as follows: "(b) (1) (A) In the event the governing authority of any municipality or county coming under the provisions of this Code section desires to exercise the powers authorized by Code Section 3-4-90, the governing authority shall conduct a special referendum election for the purpose of determining whether or not these powers shall be exercised. Any such governing authority shall notify the election superin tendent of the county, or the municipality, as the case may be, of the referendum, by forwarding to the superintendent a copy of a resolution of such governing authority calling for such a referendum election. Upon receipt of such resolution, it shall be the duty of such election superintendent to set a date and to issue the call for an election for the purpose of submitting the question of whether or not the gov erning authority of the county or municipality shall be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for con sumption only on the premises. The superintendent shall set the date of the refer endum election for not less than 30 nor more than 45 days after the call. Notice of the call for the referendum shall be published by the superintendent in the legal organ of the county or, in the case of a municipality, in a newspaper of general cir culation in the municipality. The election superintendent shall also cause the date and purpose of the referendum to be published in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the munic ipality once a week for two weeks immediately preceding the date of the election. The ballot shall have printed thereon the following: '( ) YES ( ) NO Shall the governing authority of ____________________ be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?' (B) All persons desiring to vote in favor shall vote 'Yes,' and those persons opposed shall vote 'No.' If more than one-half of the votes cast on such question are in favor of issuing licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises, then the governing authority shall, in accordance with this Code section, issue such licenses, otherwise, no license shall be issued. It shall be the duty of the election superintendent to hold and conduct such election under the same rules that govern special elections as pro vided in the Georgia Election Code for county elections, or in the Georgia Municipal Election Code, for municipal elections. It shall be his further duty to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality con ducting the election. (2) (A) In the event the governing authority of any municipality or county com ing under the provisions of this Code section does not adopt a resolution directing the election superintendent to issue a call for the referendum provided for in para graph (1), then, upon a written petition containing the signatures of 15 percent of the registered and qualified voters of any municipality or county coming within the provisions of this Code section being filed with the appropriate election superin tendent, such election superintendent shall be required to call and hold a special referendum election for the purpose of submitting to the qualified voters of the FRIDAY, MARCH 26, 1982 3241 municipality or the county, as the case may be, the question of whether or not the governing authority shall be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises. For purposes of this Code section the required number of signatures of registered voters of a political subdivision shall be computed based on the number of voters qualified to vote at the general election immediately preceding the presen tation of the petition. However, signers of the petition shall be registered and quali fied to vote in the referendum election sought by the petition. The election superintendent shall verify the signatures on the petition within 15 days after such petition has been placed on file in his office. If the petition contains a sufficient number of valid signatures, the election superintendent shall set the date of the ref erendum election for not less than 30 nor more than 45 days after the call. Notice of the call for the referendum shall be published by the superintendent in the legal organ of the county or, in the case of a municipality, in a newspaper of general cir culation in the municipality. The election superintendent shall also cause the date and purpose of the referendum to be published in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the munic ipality once a week for two weeks immediately preceding the date of the election. The ballot shall have printed thereon the following: '( ) YES ( ) NO Shall the governing authority of _________________ be autho rized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?" (B) All persons desiring to vote in favor shall vote 'Yes,' and those persons opposed shall vote 'No.' If more than one-half of the votes cast on such question are in favor of issuing licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises, then the governing authority shall, in accordance with this Code section, issue such licenses, otherwise, no license shall be issued. It shall be the duty of the election superintendent to hold and conduct such election under the same rules that govern special elections as pro vided in the Georgia Election Code for county elections, or the Georgia Municipal Election Code, for municipal elections. It shall be his further duty to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality con ducting the election. (C) Following the expiration of two years after any election is held which results in the disapproval of sales as provided in this article, another election on this ques tion shall be held if another petition, as provided in subparagraph (A) of this para graph, is filed with the appropriate governing authority." Section 12. Code Section 3-8-3 of the Official Code of Georgia Annotated, relating to the sale of malt beverages at coliseums, is amended by striking paragraph (1) of subsec tion (a) of said Code section in its entirety and substituting in lieu thereof a new para graph (1) to read as follows: "(1) 'Coliseum authority' means any public coliseum authority created by law in any county having a population of not less than 146,000 153,000 nor more than 165,000 according to the United States decennial census of 1070 1980 or any future such census." Section 13. Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions for state administration and enforcement, is amended by striking paragraph (1) of said Code section in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine con tested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Offender Rehabilita tion and its penal institutions; the State Board of Workers' Compensation; all public 3242 JOURNAL OF THE HOUSE, authorities; the State Personnel Board (Merit System); the Department of Administra tive Services or commissioner of administrative services; the regulation of IJqtjer and alcoholic beverages, the Department of Revenue when conducting hearings on the denial, suspension, or cancellation of licenses relating to alcoholic beverages; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state." PartS Section 14. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 15. All laws and parts of laws in conflict with this Act are repealed. Representative Dixon of the 151st moved that the House adopt the report of the Com mittee of Conference on HB 1252. 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 Aiken Y Andereon Y Argo Y Auten Y Balkcom Y Bargeron YBaugh YBeal YBeck Y Benefield YBenn Birdsong Bishop Y Bolster Y Branch YBray Y Brooks YBuck Burruss Burton YByrd YCason Y Castleberry N Chamberlin Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Clark.L Y Colbert Coleman Collins Y Colwell Connell Y Couch YCox Y Crawford YCrosby Culpepper Y Cummings Y Darden Y Daugherty Davis.B Y Davis,J Y Davis,L Dean Dent Y Dixon N Dobbs Y Dover Edwards Elliott Y Evans Y Felton Y Fortune Foster Fuller.C YGaler Y Ginsberg Glover YGodbee Greer YHam Y Hamilton Y Manner Y Harris Harrison Y Hasty Hawkins YHays Hill Y Holmes Y Hooks Home Y Hutchinson Ylrvin Y Isakson Y Jackson,J Y Jackson.N Y Jackson, W Y Jessup Y Johnson.G N Johnson.R Y Jones,B Jones.H YKarrh YKemp Y Kilgore Lambert YLane,D Y Lane,R Y Lawson YLee YLogan YLong YLord YLowe Y Lucas Y Mangum Mann Marcus Y Martin On the motion, the ayes were 117, nays 7. The motion prevailed. Y Matthews Y McCollum Y McDonald McKinney Y Miles Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Phillips.B Phillips,L.L Y Phillips,R.T Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Reaves N Richardson Robinson YRose Ross Y Rowland Y Russell Savage Y Scott,A Scott.D Y Shepard N Sherrod Sizemore N Smith,T Smith.V Smyre YSnow Y Steinberg YSwann Y Thomas Y Thompson Townsend Y Triplett Tuten N Twiggs Y Vandiford Vaughn Veazey Y Waddle Y Walker Y Wall Ware Y Watson Y White Y Widener Y Williams,B.J Williams.H Williams.R Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy HB 1525. By: Representatives Rainey of the 135th and Peters of the 2nd: A BILL to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to eliminate the requirement that superior court clerks report to the Department of Natural Resources the disposition of game and fish prosecutions; and for other purposes. FRIDAY, MARCH 26, 1982 3243 The following report of the Committee of Conference on HB 1525 was read: CONFERENCE COMMITTEE REPORT ON HB 1525 The Conference Committee on HB 1525 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1525 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable James R. Walker Senator, 19th District /s/Honorable Hugh M. Gillis, Sr. Senator, 20th District /s/Honorable Bill English Senator, 21st District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Howard H. Rainey Representative, 135th District /s/Honorable Robert G. Peters Representative, 2nd District /s/Honorable Ralph Twiggs Representative, 4th District A BILL To amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to eliminate the requirement that superior court clerks report to the Department of Natural Resources the disposition of game and fish prosecutions; to prohibit fleeing from or attempting to elude peace officers enforcing this title; to eliminate the limitations upon the taking of certain nongame species of wildlife; to impose certain additional restrictions and limitations upon the use of public fishing areas and wildlife management areas; to eliminate the requirement for separate salt-water and fresh-water commercial fishing licenses for residents and nonresidents; to change the provisions relat ing to commercial alligator farming licenses; to delete all references to the distinction between salt-water and fresh-water commercial fishing licenses; to authorize counties to retain certain proceeds arising from the sale of confiscated firearms and vehicles used in night deer hunting and of confiscated boats, nets, and accessory equipment used in illegal shrimping; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general game and fish code provisions, is amended by striking in its entirety subsection (b) of Code Section 27-1-14 which reads as follows: "(b) The clerk of the court in which each case is disposed of shall promptly make a written report to the commissioner showing the disposition of each case. Unless other wise prohibited by law, for making each such report the clerk shall be entitled to an additional fee of $1.00 to be added to the costs allowed by law against the defendant and to be retained by the clerk as his special compensation for making the report." Section 2. Said Chapter 1 is further amended by inserting after Code Section 27-1-25 a new Code Section 27-1-25.1 to read as follows: "27-1-25.1. It shall be unlawful for any person operating any motor vehicle or power boat to fail or refuse to bring such vehicle or boat to a stop, or otherwise to flee or attempt to elude a pursuing peace officer who is in uniform, who prominently displays his badge of office, and who is authorized to enforce this title, when given a visible or audible signal to bring such vehicle or boat to a stop. An officer may give such visible or audible signal by use of his hand or voice or by use of an emergency light or siren." 3244 JOURNAL OF THE HOUSE, Section 3. Said Chapter 1 is further amended by striking in its entirety subsection (a) of Code Section 27-1-28 and substituting in lieu thereof a new subsection (a) to read as follows: "(a) Except as otherwise provided by law, rule, or regulation, it shall be unlawful to hunt, trap, fish, take, possess, or transport any nongame species of wildlife, except that the following species may be taken te protect ereps er livestock, to prevent personal injury, to ebtairt fish bait, or te gather feed by any method except those specifically pro hibited by law or regulation: (1) Rats; (2) Mice; (3) Coyotes; (4) Armadillos; (5) Groundhogs; (6) Beaver; (7) Fresh-water turtles; (8) Poisonous snakes; (9) Frogs; (10) Spring lizards; (11) Fiddler crabs; (12) Fresh-water crayfish; and (13) Fresh-water mussels." Section 4. Said Chapter 1 is further amended by striking in its entirety subsection (a) of Code Section 27-1-33 and substituting in lieu thereof a new subsection (a) to read as follows: "(a) It shall be unlawful to enter upon or to hunt, trap, or fish on any public hunting er fishing area or game wildlife management area owned or operated} ef owned and operated, by the department except in compliance with all applicable laws and all rules and regulations promulgated by the board including, but not limited to, any law, rule, or regulation relating to seasons or bag limits or requiring a special permit. Further, it shall be unlawful for any person except those specifically excluded by law to hunt on a wildlife management area without a valid wildlife management area stamp as autho rized by Code Section 27-1-4. Such stamp must be affixed to a valid hunting license and signed by_ the license holder.", and by striking in their entirety subsections (b) and (c) of said Code Section 27-1-33, which read as follows: "(b) It shall be unlawful for any person to possess any firearm or bow on any public hunting, fishing, or game management area owned or operated, or owned and operated, by the department except during a legal open hunting season for that area and except when such firearm or bow and arrow is unloaded and stored so as not to be readily accessible. (c) It shall be unlawful for any person to be under the influence of drugs, intoxicat ing liquors, beers, or wines on any public hunting, fishing, or game management area. The determination of whether any person is under the influence of drugs or intoxicating liquors, beers, or wines may be made in accordance with Code Section 40-6-392.", and by redesignating subsection (d) as subsection (b). Section 5. Chapter 2 of said Title 27, relating to licenses, permits, and stamps, is amended by striking in its entirety paragraph (5) of Code Section 27-2-23 pertaining to commercial fishing licenses and substituting in lieu thereof a new paragraph (5) to read as follows: "(5) Commercial fishing licenses: (A) Resident commercial fresh-water fishing license Season $ 10.26 15.00 (B) Nonresident commercial fresh-water fish ing license Season 100.25 FRIDAY, MARCH 26, 1982 Resident commercial salt-water fishing llPPTTM* Nonresident commercial aalt-watcr fishing ii ----_ --p (C) Resident commercial eel fishing license (D) Nonresident commercial eel fishing license 3245 fipfltlftTI 1 A OC flpfl^on Season Season 1 00 2fi 25.00 100.00" Section 6. Said Chapter 2 of Title 27 is further amended by striking subparagraph (0) of paragraph (7) of Code Section 27-2-23 in its entirety and substituting in lieu thereof a new subparagraph (0) to read as follows: (0) Commercial alligator farming license Annual 36fe0025.00 Section 7. Title 27, Game and Fish, is amended by striking the words "salt-water" and "fresh-water" wherever they appear in said title in conjunction with the phrase "com mercial fishing license." Section 8. Chapter 3 of said Title 27, relating to wildlife generally, is amended by inserting after Code Section 27-3-1 a new Code Section 27-3-1.1 to read as follows: "27-3-1.1. It shall be unlawful for any person on any wildlife management area owned or operated by the department: (1) To possess a firearm during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible; (2) To possess a loaded firearm in a motor vehicle during a legal open hunting sea son for that area; (3) To be under the influence of drugs, intoxicating liquors, beers, or wines. The determination of whether any person is under the influence of drugs or intoxicating liquors, beers, or wines may be made in accordance with Code Section 40-6-392; (4) To hunt within 50 yards of any road which receives regular maintenance for the purpose of public vehicular access; (5) To target practice, except where an authorized shooting range is made available by the department, and then only in a manner consistent with the rules for shooting ranges promulgated by the board; (6) To drive a vehicle around a closed gate, cable, sign, or other structure or device intended to prevent vehicular access to a road entering onto or within such an area; (7) To hunt within any posted safety zone; (8) To camp upon or drive a motor vehicle over any permanent pasture or area planted in crops; (9) While hunting bears in any such area opened to bear hunting, to kill a female bear with cub(s) or to kill a cub weighing less than 75 pounds; (10) To fail to report the killing of a deer, bear, or turkey in the manner specified by the rules of the department for that wildlife management area on the date killed to the state game and fish checking station on the area; (11) To hunt small game during a managed deer or turkey or bear hunt; (12) To construct any tree stand or to hunt from any tree stand except a portable or natural tree stand; (13) To trap except with a special trapping permit issued by the department." Section 9. Said Chapter 3 is further amended by striking in its entirety subsection (c) of Code Section 27-3-48 and by substituting in lieu thereof a new subsection (c) to read as follows: 3246 JOURNAL OF THE HOUSE, "(c) The district attorney whose circuit includes the county in which a seizure is made, within 30 days after the seizure of any vehicle, boat, animal, or firearm used in the hunting of deer at night, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons having an interest in or right affected by the seizure or sale of such property. A copy of the petition shall be served upon the owner or lessee of the prop erty, if known, and upon the person or persons having custody or possession of the prop erty at the time of the confiscation or seizure. If the owner, lessee, or person or persons having custody or possession of the property at the time of seizure is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriffs advertisements of the county are published. The publica tion shall be deemed notice to any and all persons having an interest in or right affected by the proceeding and any sale of the property resulting therefrom. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise, the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that the property was so used and that such use was with the consent, express or implied, of the owner, the property shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from the sale shall be applied: (1) To the payment of proper costs and expenses, including expenses incurred in the seizure; (2) To the payment of the cost of the court and its officers; (3) To the payment of any cost incurred in the storage, advertisement, mainte nance, or care of the property; and (4) If any money remains, to the state treasury general funds of the county. The Attorney General may, upon the request of the commissioner, aid the district attor ney in the in rem proceeding arising from any seizure or confiscation of property." Section 10. Chapter 4 of said Title 27, relating to fish, is amended by inserting in Code Section 27-4-11.1 a new subsection (a) which shall read as follows: "(a) It shall be unlawful for any person on any public fishing area owned or operated by the department: (1) To possess a firearm during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible; (2) To possess a loaded firearm in a motor vehicle during a legal open hunting sea son for that area; (3) To be under the influence of drugs, intoxicating liquors, beers, or wines. The determination of whether any person is under the influence of drugs or intoxicating liquors, beers, or wines may be made in accordance with Code Section 40-6-392. and by redesignating subparagraphs (a) through (n) as (b) through (o). Section 11. Said Chapter 4 is further amended by striking in its entirety subsection (a) of Code Section 27-4-137 and substituting in lieu thereof a new subsection (a) to read as follows: "(a) Each boat, propulsion unit, net, door, boom, winch, cable, electronic device, or accessory equipment used in violation of Code Section 27-4-133, 27-4-170, or 27-4-171 is declared to be contraband and forfeited to the state and shall be confiscated and seized by any peace officer, who shall impound it in the name of the district attorney whose circuit includes the county in which a seizure is made. The district attorney whose circuit includes the county in which a seizure is made, within 30 days after the seizure of any such equipment, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons having an interest in or right affected by the seizure or sale of the equipment. A copy of the petition shall be served upon the owner or lessee of the equipment, if known, and upon the person having custody or possession of the equipment at the time of the confiscation or seizure. If the owner, lessee, or person hav ing custody or possession of the equipment at the time of seizure is unknown, notice of FRIDAY, MARCH 26, 1982 3247 such proceedings shall be published once a week for two consecutive weeks in the news paper in which sheriffs advertisements of the county are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceedings and any sale of the equipment resulting therefrom. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise, the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that such equipment was used in violation of the Code sections heretofore cited in this subsection, the equip ment shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from the sale shall be applied: (1) To the payment of proper costs and expenses, including expenses incurred in the seizure; (2) To the payment of the costs of the court and its officers; (3) To the payment of any costs incurred in the storage, advertisement, mainte nance, or care of such property; and (4) If any money remains, to the state treasury general funds of the county." Section 12. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 13. This Act shall become effective on November 1, 1982. Section 14. All laws and parts of laws in conflict with this Act are repealed. Representative Rainey of the 135th moved that the House adopt the report of the Committee of Conference on HB 1525. 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 YArgo YAuten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield Benn Birdsong Bishop Bolster Y Branch Bray Y Brooks YBuck Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Chambleas Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Coleman Y Collins Y Colwell Connell Y Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Y Daugherty Davis.B Y Davis,J Y Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Edwards Elliott Y Evans Y Felton Y Fortune Foster Y Fuller.C YGaler Y Ginsberg Glover YGodbee Greer YHam Y Hamilton Manner Y Harris Harrison Y Hasty Hawkins YHays Hill Y Holmes Y Hooks Y Home Y Hutchinson Ylrvin YIsakson Y Jackson,J Y Jackson.N Y Jackson, W Y Jessup Y Johnson,G Y Johnson,R Y Jones,B Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane,D YLane,R YLawson YLee Y Logan YLong YLord YLowe Y Lucas Y Mangum YMann Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips,B Phillips,L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston YRamsey Randall Reaves Y Richardson Y Robinson YRose YRoss Rowland Y Russell Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Sizemore Y Smith,T Smith,V Smyre YSnow Y Steinberg YSwann Y Thomas Y Thompson Y Townsend Y Triplett 3248 JOURNAL OF THE HOUSE, Y Tuten Y Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Walker YWall Ware Y Watson Y White Y Widener Y Williams.B.J Williams.H Williams.R Wilson Y Wood,J Y Wood.J.T Y Workman Speaker Murphy On the motion, the ayes were 134, nays 0. The motion prevailed. HB 153. By: Representatives Moore of the 152nd, Triplett of the 128th, Jackson of the 77th, Wall of the 61st, Tuten of the 153rd, and others: A BILL to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees, so as to change the provisions relative to the defi nition of a public school employee; and for other purposes. The following report of the Committee of Conference on HB 153 was read: CONFERENCE COMMITTEE REPORT ON HB 153 The Conference Committee on HB 153 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 153 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable W. W. Fincher, Jr. Senator, 54th 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 James C. Moore Representative, 152nd District /s/Honorable Joe Frank Harris Representative, 8th District /s/Honorable Marcus E. Collins Representative, 144th District A BILL To amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees, approved April 24, 1975 (Ga. Laws 1975, p. 1194), as amended by an Act approved April 8, 1980 (Ga. Laws 1980, p. 1538), so as to change the provisions relative to the definition of a public school employee; to change the provisions relative to contributions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act authorizing the State Personnel Board to provide a health insur ance plan for public school employees, approved April 24, 1975 (Ga. Laws 1975, p. 1194), as amended by an Act approved April 8, 1980 (Ga. Laws 1980, p. 1538), is hereby amended by adding at the end of subsection (a) of Section 1 the following: "It is specifically provided, however, that the term 'public school employee' shall not include any emergency or temporary employee or any other employee who works in a position otherwise covered by such term less than 60% of the time required to carry out the duties of such position.", so that when so amended said subsection (a) shall read as follows: "(a) A 'public school employee' means an 'employee' as defined in subsection (5) of Section 2 of an Act establishing a retirement system for public school employees in the State public schools and other State-supported schools, approved April 30, 1969 (Ga. Laws 1969, p. 998), as the same now exists or may hereafter be amended. 'Public school FRIDAY, MARCH 26, 1982 3249 employee' also means classroom aides, paraprofessionals, and noncertified administrative and clerical personnel. It is specifically provided, however, that the term 'public school employee' shall not include any emergency or temporary employee or any other employee who works in a position otherwise covered by such term less than 60% of the time required to carry out the duties of such position." Section 2. Said Act is further amended by striking from the last sentence of Section 10 the word "employer" and inserting in lieu thereof the word "employee" so that when so amended Section 10 shall read as follows: "Section 10. During any period in which an employee is covered under the health insurance plan authorized by this Act prior to the date of his retirement, there shall be withheld from each salary payment of such employee, as his share of the cost of cover age under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this Act as may be estab lished by the Board. During any month in which benefits are being paid by a public school employees' retirement system to an individual so covered under this program, contributions shall be deducted from such payments in the amounts prescribed by the Board with the consent of the recipient. The State Department of Education shall con tribute to said Health Insurance Fund such portion of the costs of such benefits as may be established by the Board to maintain the employer employee contributions consistent with other health insurance plans administered by the Board." Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Moore of the 152nd moved that the House adopt the report of the Committee of Conference on HB 153. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams,J Y Adams,M Y Aiken Y Andereon Y Argo Y Auten Y Balkcom Y Bargeron NBaugh YBeal YBeck Y Benefield Benn Birdsong Bishop Bolster Y Branch YBray Y Brooks YBuck Burruss Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y CIark,L Y Colbert Coleman Y Collins Y Colwell Connell Y Couch YCox Y Crawford Y Crosby Culpepper Cummings Y Darden Y Daugherty Davis.B Y Davis,J Y Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Edwards Elliott Y Evans Felton Y Fortune Foster Y Fuller.C Y Galer Ginsberg Glover YGodbee Greer YHam Hamilton Y Manner Y Harris Harrison Y Hasty Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson Ylrvin Isakson Y Jackson,J Y Jackson.N Jackson.W Y Jessup Y Johnson,G Y Johnson,R Jones.B Jones,H YKarrh YKemp Y Kilgore Lambert Y Lane,D Y Lane,R Y Lawson YLee Y Logan Long YLord YLowe Y Lucas Y Mangum YMann Marcus Y Martin On the motion, the ayes were 111, nays 1. Y Matthews Y McCollum McDonald McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Phillips,L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Reaves Y Richardson Robinson YRose YRoss Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Sizemore Y Smith,T Smith.V Smyre Y Snow Y Steinberg Swann Y Thomas Y Thompson Townsend Y Triplett Tuten Y Twiggs Y Vandiford Vaughn Y Veazey Waddle Walker Wall Ware Watson Y White Widener Williams.B.J Williams,H Williams.R Wilson Y Wood,J Wood,J.T Y Workman Speaker Murphy 3250 JOURNAL OF THE HOUSE, The motion prevailed. Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 774 Do Pass, as Amended Respectfully submitted, Adams of the 36th Chairman By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time: SB 774. By: Senator Walker of the 19th: A BILL to reincorporate the City of Helena, Georgia, and to grant a new charter to the said City; and for other purposes. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend SB 774 by striking from line 11 through line 16 of page 13 the following: "(b) Mayor, Limitation on Succession. Commencing with the mayoral term begin ning on the first Tuesday in January, 1984, the mayor elected for such term and his or her successors to the office of mayor shall not be eligible to succeed himself or herself to the office of mayor after having served two successive terms in office." By striking from line 17 of page 13 the following: "(c)", and inserting in lieu thereof the following: "(b)". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following Resolution of the House: HR 626. By: Representatives Foster and Williams of the 6th and Ramsey of the 3rd: A RESOLUTION proposing an amendment to the Constitution so as to limit FRIDAY, MARCH 26, 1982 3251 increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues pro duced for the immediately preceding calendar year with the base year for such purposes being established as calendar year 1981; and for other purposes. The President has appointed on the part of the Senate the following: Senators Fincher of the 54th, Brannon of the 51st, and Gillis of the 20th. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1437. By: Representative Ham of the 80th: A BILL to amend Code Section 5A-5511, relating to small domestic wineries, so as to change the amount of wine which may be produced by wineries selling at retail on their premises; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following report of the Committee of Conference on HB 1437 was read: CONFERENCE COMMITTEE REPORT ON HB 1437 The Conference Committee on HB 1437 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1437 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable W. Lee Robinson Senator, 27th District /s/Honorable John C. Foster Senator, 50th District FOR THE HOUSE OF REPRESENTATIVES: , ,,, ,, _ /s/Honorable Benson Ham Representative, 80th District /s/Honorable James M. Beck Representative, 148th District /s/Honorable Kyle T. Cobb Senator, 28th District /s/Honorable Claude A. Bray, Jr. Representative, 70th District A BILL To amend Code Title 5A, relating to alcoholic beverages, as amended, so as to change the amount of wine which may be produced by such wineries selling at retail on their premises; to change certain provisions relative to the content of such wine; to change cer tain license fees; to change certain provisions relative to the levy of excise taxes on certain domestic wines; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Title 5A, relating to alcoholic beverages, as amended, is amended by striking subsections (a) and (b) of Code Section 5A-5511 and inserting in their respec tive places new subsections (a) and (b) to read as follows: "(a) The commissioner may authorize any licensee authorized to manufacture wine in this state to sell such wine at retail on the premises of the winery, but only if the licensee produces less than 40^000 378,000 liters of wine per year and the wine is made wholly in Georgia from at least 40 percent of Georgia grown agricultural products. 3252 JOURNAL OF THE HOUSE, (b) The annual license tax for each license issued pursuant to this section shall be the same as that provided in section 5A-6601 with respect to wineries and manufacturers $50.00." Section 2. Said title is further amended by striking in their entirety paragraphs (1) and (3) of Code Section 5A-5701 and inserting in their respective places new paragraphs (1) and (3) to read as follows: "(1) On table wines produced within the State, wholly from fruits and bewies grown within the otflte, TT cents per liter &nu ~& proportiono.te tflx ~ftt iiice rfltes ~OB fill irflctionsi pflfts of 8 liter. (1) On table wine produced within the state from at least 40 percent of fruits and berries grown within the state: (A) Eleven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and (B) Forty cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown without the state. {3)--0 dessert wines produced within the State, wholly from fruits and- berries grown within the otste, ~~r cents per litei* tno ~fl proportionste tftx ~tn iiKe rfltes ~OH "ft*! Irftctionsl ports of ft liter. (3) On dessert wines produced within the state, from at least 40 percent of fruits and berries grown within the state: (A) Twenty-seven cents per liter and a proportionate tax at like rates on all frac tional parts of a liter on that portion that is produced from fruits and berries grown within the state; and (B) Sixty-seven cents per liter and a proportionate tax on like rates on all frac tional parts of a liter on that portion that is produced from fruits and berries grown without the state." Part 2 Section 3. Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of wine, is amended by striking subsections (a) and (b) of Code Section 3-6-21.1 and inserting in their respective places new subsections (a) and (b) to read as fol lows: "(a) The commissioner may authorize any licensee authorized to manufacture wine in this state to sell such wine at retail on the premises of the winery, but only if the licensee produces less than 40$60 378,000 liters of wine per year and the wine is made wholly in Georgia from at least 40 percent of Georgia grown agricultural products. (b) The annual license tax for each license issued pursuant to this Code section shall be th same as that provided in de Section 3-6-20 with respect to wineries and manuiflctupcrs SuU.uu. Section 4. Said Chapter 6 is further amended by striking in their entirety paragraphs (1) and (3) of Code Section 3-6-50 and inserting in their respective places new paragraphs (1) and (3) to read as follows: within tile stdte, 1i* per liter dnct ft proportion&te t&x frt the ssme p&tc on sH irsc11on&i psrts OT ft liter} (1) On table wine produced within the state from at least 40 percent of fruits and berries grown within the state: (A) Eleven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and (B) Forty cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown without the state; FRIDAY, MARCH 26, 1982 3253 {3)--0n dessert wines produced within the state wholly from fruits and berries grown withis the state, fy pet liter and a proportionate tax at the same rate e aH fractional pflTTS Of ft 111*61*} (3) On dessert wines produced within the state, from at least 40 percent of fruits and berries grown within the state: (A) Twenty-seven cents per liter and a proportionate tax at like rates on all frac tional parts of a liter on that portion that is produced from fruits and berries grown within the state; and (B) Sixty-seven cents per liter and a proportionate tax on like rates on all frac tional parts of a liter on that portion that is produced from fruits and berries grown without the state;". Parts Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Representative Ham of the 80th moved that the House adopt the report of the Com mittee of Conference on HB 1437. 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 Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Birdsong Bishop Bolster Y Branch YBray Y Brooks YBuck Burruss Y Burton YByrd YCason Y Castleberry Chamberlin Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Clark.L Y Colbert Coleman Y Collins Y Colwell Connell Y Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Y Daugherty Davis,B Davis,J Y Davis.L Dean Dent Y Dixon Y Dobbs Dover Edwards Elliott Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Ginsberg Glover Godbee Greer YHam Hamilton Y Manner Y Harris Harrison Y Hasty Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson Irvin Isakson Y Jackson,J Y Jackson,N Y Jackson.W Y Jessup Y Johnson,G Y Johnson.R Jones,B Jones.H YKarrh YKemp Y Kilgore Lambert YLane,D Lane,R Y Lawson YLee YLogan YLong YLord YLowe Y Lucas Mangum YMann Marcus Y Martin On the motion, the ayes were 113,> nays 0. The motion prevailed. Y Matthews Y McCollum Y McDonald McKinney Miles Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Phillips,L.L Y Phillips,R.T Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston YRamsey Randall Reaves Y Richardson Y Robinson YRose YRoss Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Sizemore Smith.T Smith.V Smyre YSnow Y Steinberg YSwann Y Thomas Y Thompson Townsend Y Triplett YTuten Y Twiggs Y Vandiford Vaughn Y Veazey Waddle Walker Wall Ware Watson Y White Y Widener Y Williams,B.J Williams.H Y Williams,R Wilson Y Wood,J Wood,J.T Y Workman Speaker Murphy 3254 JOURNAL OF THE HOUSE, The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto: HB 1558. By: Representatives Lawson, Wood and Jackson of the 9th: A BILL to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to change the time of performing certain actions of parties and of the court in dispossessory and distress warrant proceedings; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to change the time of performing certain actions of parties and of the court in dispossessory and distress warrant proceedings; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, is amended by replacing Code Section 44-7-53 with a new Code section to read as follows: 44* /~Do. \ftj " [flC tCflflllt rtllS TO AH9W61* ftt O? DCIOPC tfiC QfltC pFOVlQCQ ffi SUDSCCTM tw fb) ef Code Section 44-7-61, the tenant may reopen the default as matter ef *ight tjy iuAJ(izi fln ftiiswcv witinn 8CV6H uflys Alter the ci&te of tfte dtJidult notwitnstdndHi^ fwifwujvp fufcoLr-tninunii OjTM_1j.j1."_uKiK77 IITf ifJiiAc nseavtreonn tthii HUoc-tuy- jios At oQnn'ttiuiir-Hunoyu, CAT. oflunritirujon-ytr; of*rr zAt. iItt-igtrcnul trie flnswcr inny oe iuuu& on tfic next cisy wincii ts wot ft oflttiFu&y) ft ounufly, of ft 4& (a) If the tenant fails to answer r open the default as provided in Code Section 44-7-51(b), the court shall issue a writ of possession instanter notwithstanding Code Sec tion 9-11-55; and the plaintiff shall be entitled to a verdict and judgment by default for all rents due, in open court or in chambers, as if every item and paragraph of the affida vit provided for in Code Section 44-7-50 were supported by proper evidence, without the intervention of a jury. (e) (b) If the tenant answers, a trial of the issues shall be had in accordance with the procedure prescribed for civil actions in courts of record. Every effort should be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the premises pending the final outcome of the litigation; pro vided, however, that, at the time of his answer, the tenant must pay rent into the regis try of the court pursuant to Code Section 44-7-54." Section 2. Said chapter is further amended by replacing subsection (a) of Code Sec tion 44-7-54 with a new subsection to read as follows: "(a) In any case where the issue of the right of possession cannot be finally deter mined within one month two weeks from the date of the original affidavit, the tenant shall be required to pay into the registry of the trial court: (1) All rent which becomes due after the issuance of the dispossessory warrant, said rent to be paid as it becomes due. If the landlord and the tenant disagree as to the amount of rent, either or both of them may submit to the court any written rental contract for the purpose of establishing the amount of rent to be paid into the registry of the court. If the amount of rent is in controversy and no written rental agreement exists between the tenant and landlord, the court shall require the amount of rent to be a sum equal to the last previous rental payment made by the tenant and accepted by the landlord without written objection; and (2) All rent allegedly owed prior to the issuance of the dispossessory warrant; pro vided, however, that, in lieu of such payment, the tenant shall be allowed to submit to the court a receipt indicating that payment has been made to the landlord. In the FRIDAY, MARCH 26, 1982 3255 event that the amount of rent is in controversy, the court shall determine the amount of rent to be paid into court in the same manner as provided in paragraph (1) of this subsection." Section 3. Said chapter is further amended by replacing Code Section 44-7-72 with a new Code section to read as follows: "44-7-72. When the affidavit provided for in Code Section 44-7-71 is made, the judge of the superior court, the state court, the civil court, or the small claims court or justice of the peace before whom it was made shall grant and issue a summons to the marshal or the sheriff or his deputy of the county where the tenant resides or where his property may be found. A copy of the summons and the affidavit shall be personally served upon the defendant. If an officer is unable to serve the defendant personally, service may be given by delivering the summons and affidavit to any person who is sui juris residing on the premises. The summons served on the defendant pursuant to this Code section shall command and require the tenant to appear at a hearing on a day certain not less than five nor more than 20 seven days from the date of actual service." Section 4. This Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. Representative Lawson of the 9th moved that the House agree to the Senate substi tute to HB 1558. On the motion, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G Y Adams.J Y Adams,M Y Aiken Y Anderson Argo Y Auten Y Balkcom Y Bargeron YBaugh NBeal YBeck Y Benefield YBenn Birdsong Bishop N Bolster Y Branch YBray N Brooks YBuck Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childere N Childs Clark,B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Connell N Couch YCox N Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Davis.B Y Davis,J Y Davis.L NDean Dent Y Diion Y Dobbs Y Dover Edwards Elliott Evans Y Felton Y Fortune Y Foster N Fuller.C NGaler Y Ginsberg Glover Y Godbee Greer YHam Hamilton Y Manner Y Harris Y Harrison Y Hasty Hawkins YHays Hill Holmes Hooks Y Home Hutchinson Ylrvin Y Isakson Y Jackson,J Jackson.N Y Jackson, W Y Jessup Y Johnson.G Y Johnson,R Jones.B Jones.H YKarrh YKemp Y Kilgore Lambert Y Lane,D Y Lane,R Y Lawson YLee Logan YLong YLord N Lowe N Lucas Y Mangum Y Mann Marcus Y Martin On the motion, the ayes were 116, nays 15. The motion prevailed. Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Y Phillips,L.L Y Phillips.RT N Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Reaves N Richardson Y Robinson Rose YRoss Y Rowland Y Russell Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Sizemore Y Smith.T Smith,V Smyre YSnow N Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplet! YTuten Y Twiggs Y Vandiford Vaughn Y Veazey Waddle Walker Wall Ware Watson Y White Y Widener Y Williams.B.J Williams.H Y Williams,R Y Wilson Y Wood,J WoodJ.T Y Workman Speaker Murphy Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: 3256 JOURNAL OF THE HOUSE, SB 661. By: Senator Scott of the 43rd: A BILL to amend Code Chapter 26-27, relating to gambling and related criminal offenses, so as to legalize and regulate opera tion of certain real estate promotional contests under certain conditions; to pro vide for unlawful real estate promotional contests; to declare crimes and penalties; to provide for civil remedies and for civil enforcement; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Y Adams,J Y Adams.M Y Aiken Y Anderson YArgo YAuten Y Balkcom Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Birdsong Bishop Y Bolster Y Branch YBray Y Brooks YBuck Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Coleman Y Collins Y Colwell Connell Y Couch Cox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis.B Y Davis,J Y Davig,L YDean Dent Y Dixon Y Dobbs Y Dover Edwards Y Elliott Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Ginsberg Glover Y Godbee Greer YHam Y Hamilton Y Manner Y Harris Y Harrison Y Hasty Hawkins YHays Hill Holmes Y Hooks Home Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson.N Jackson.W Y Jessup Y Johnson.G Johnson,R Y Jones,B Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson Lee Y Logan YLong YLord YLowe Y Lucas Y Mangum Y Mann Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Y Phillips.L.L Y Phillips.R.T Y Phillips.W.R Y Pilewicz Pinks ton Y Rainey Y Ralston Y Ramsey Randall Reaves Y Richardson Y Robinson YRose YRoss Rowland Y Russell On the passage of the Bill, the ayes were 134, nays 0. The Bill, having received the requisite constitutional majority, was Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplett YTuten Y Twiggs Y Vandiford Vaughn Y Veazey Waddle Walker Y Wall Y Ware Watson Y White Y Widener Y Williams.B.J Williams.H Y Williams.R Wilson Y Wood,J Y Wood.J.T Y Workman Speaker Murphy SB 730. By: Senator Summers of the 53rd: A BILL to amend Code Section 84-311A, relat ing to the qualifications for auctioneers and apprentice auctioneers, so as to authorize the issuance of an auctioneer's license to certain persons without the necessity for taking an examination; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Committee substitute was read: A BILL To amend Code Section 84-311A, relating to the qualifications for auctioneers and apprentice auctioneers, so as to authorize the issuance of an auctioneer's license to certain persons without the necessity for taking an examination; to amend the Official Code of FRIDAY, MARCH 26, 1982 3257 Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Parti Section 1. Code Section 84-311A, relating to the qualifications for auctioneers and apprentice auctioneers, is amended by striking subsection (e) of said Code section in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: "(e) (1) Any person who is a resident of Georgia and who on January 1, 1975, is lawfully engaged in business as an auctioneer and has engaged for a period of at least one year prior to January 1, 1975, and has been principal auctioneer for at least three auctions during this period of time, and furnishes satisfactory proof of same to the Commission by January 1, 1980, shall not be required to take an examination, but all such persons shall be entitled to receive a license from the Commission under the pro visions of this Chapter on proper application thereof submitted by July 1, 1979, and payment of the license fee required by this Chapter. (2) Any person who is a resident of Georgia shall not be required to take an exami nation and shall be entitled to receive an auctioneer's license from the Commission upon submission of a proper application for an auctioneer's license and upon payment of the license fee prior to May 31, 1982, and upon furnishing satisfactory proof to the Commission by May 31, 1982, that he: (A) Is not less than 45 years of age nor more than 55 years of age; and (B) Has been the principal auctioneer in not less than 500 auctions prior to 1971." Part 2 Section 2. Code Section 43-6-11 of the Official Code of Georgia Annotated, relating to qualifications for auctioneers and apprentice auctioneers, is amended by striking subsec tion (e) of said Code section in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: "(e) (1) Any person who is a resident of Georgia and who on January 1, 1975, is lawfully engaged in business as an auctioneer and has been so engaged for a period of at least one year prior to January 1, 1975, has been principal auctioneer for at least three auctions during this period of time, and furnishes satisfactory proof of same to the commission by January 1, 1980, shall not be required to take an examination; but all such persons shall be entitled to receive a license from the commission under this chapter on proper application therefor submitted by July 1, 1979, and payment of the license fee required by this chapter. (2) Any person who is a resident of Georgia shall not be required to take an exami nation and shall be entitled to receive an auctioneer's license from the commission upon submission of a proper application for an auctioneer's license and upon payment of the license fee prior to May 31, 1982, and upon furnishing satisfactory proof to the commission by May 31, 1982, that he: (A) Is not less than 45 years of age nor more than 55 years of age; and (B) Has been the principal auctioneer in not less than 500 auctions prior to 1971." Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. 3258 JOURNAL OF THE HOUSE, The following amendment was read and adopted: Representatives Foster of the 6th and Crawford of the 5th move to amend the Com mittee substitute to SB 730 by changing the number on line 10 of page 2 from "55" to "60" and changing the number on line 10 of page 3 from "55" to "60". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Adams,J Y Adam8,M Y Aiken Y Andersen YArgo Y Auten Balkcom Y Bargeron YBaugh YBeal YBeck Y Benefield Benn Birdsong Y Bishop Y Bolster Y Branch YBray Brooks YBuck Burrusa Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Y Coleman Y Collins Y Colwell Connell Y Couch YCoi Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis.B Y Davis,J Y Davis.L YDean Dent YDixon YDobbs Y Dover Edwards Y Elliott Evans Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover YGodbee Greer YHam Hamilton Y Hanner Y Harris Harrison Hasty Hawking YHays Hill Y Holmes Y Hooks Home Hutchinson Ylrvin Y Isakson Y Jackson,J Y Jackson,N Jackson,W Y Jessup Y Johnson.G Y Johnson.R Y Jones,B Jones,H Y Karrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane.R YLawson YLee YLogan YLong YLord Lowe Lucas Y Mangum YMann Y Marcus Y Martin Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Y Phillips,L.L Y Phillips,R.T Phillips,W.R Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Smyre YSnow Y Steinberg YSwann Y Thomas Y Thompson Townsend Y Triplett Tuten YTwiggs Y Vandiford Vaughn Y Veazey Y Waddle Y Walker Wall YWare Y Watson Y White Y Widener Y WiUiams,B.J Williams.H Y Williams,R Wilson YWood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, by substitute, as amended, the ayes were 133, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. SB 564. By: Senator Kidd of the 25th: A BILL to amend the Official Code of Georgia Annotated, so as to require certain initial training for persons who serve as judges of the probate court; to provide for continued annual training; to exclude certain years of service from retirement eligibility; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: FRIDAY, MARCH 26, 1982 3259 Y Aaron Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson YArgo YAuten N Balkcom N Bargeron YBaugh YBeal NBeck Y Benefield YBenn Birdsong Y Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruss Burton YByrd YCason Y Castleberry N Chamberlin Y Chambless Y Chance Cheeks Y Childere Y Childs Clark,B N Clark.L Y Colbert Coleman N Collins N Colwell Y Connell Y Couch NCox N Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis,B N Davis,J Y Davis.L Dean Dent Y Dixon YDobbs N Dover Y Edwards N Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover Y Godbee YGreer NHam Y Hamilton N Manner Y Harris Y Harrison Y Hasty Hawkins NHays Hill Y Holmes Y Hooks Home Hutchinson NIrvin Y Isakson Y Jackson,J Y Jackson.N Jackson.W Y Jessup Y Johnson,G Y Johnson,R Jones.B Jones.H YKarrh YKemp N Kilgore Y Lambert Y Lane,D YLane,R Y Lawson Lee YLogan YLong YLord YLowe Lucas Y Mangum NMann Y Marcus Y Martin N Matthews Y McCollum Y McDonald McKinney Miles N Milford Y Montgomery Y Moody N Moore Y Mostiler Mullinax Y Nicholson YNix Y Oliver Y Padgett YParham N Patten Y Perry Y Peters Phillips.B N Phillips,L.L Y Phillips,R.T N Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Reaves Y Richardson Y Robinson YRose NRoss Y Rowland Russell Savage N Scott,A Y Scott,D Y Shepard N Sherrod Sizemore N Smith.T Smith.V Smyre Snow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplet! YTuten N Twiggs Y Vandiford Y Vaughn N Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson Y White N Widener Y Williams,B.J Williams.H Y Williams,R Y Wilson Y Wood,J Y Wood,J.T Workman Speaker Murphy On the passage of the Bill, the ayes were 110, nays 31. The Bill, having received the requisite constitutional majority, was The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon: SB 693. By: Senator Sutton of the 9th: A BILL to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of pub lic records, so as to provide for certain penalties; to provide for certain actions in the superior courts; and for other purposes. Representative Edwards of the 110th moved that the House adhere to its position in amending SB 693 and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Edwards of the 110th, Davis of the 99th, and Ham of the 80th. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was again taken up for consideration: SB 346. By: Senator Greene of the 26th: A BILL to amend Code Section 20-506, relating to attorney's fees upon any note or other evidence of indebtedness, as amended, 3260 JOURNAL OF THE HOUSE, so as to provide exceptions to notice requirements in certain cases involving bankruptcy proceedings; and for other purposes. The following Committee substitute was read and withdrawn by unanimous consent: A BILL To amend Code Section 20-506, relating to attorney's fees upon any note or other evi dence of indebtedness, as amended, so as to provide exceptions to notice requirements in certain cases involving bankruptcy proceedings; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Section 20-506, relating to attorney's fees upon any note or other evidence of indebtedness, as amended, is amended by adding at the end of subsection (c) thereof the following: "If a petition is filed for adjustment of debts or for any other relief permitted under Title 11 of the United States Code, relating to bankruptcy, and this adjustment or relief will affect the obligation created by a note or other evidence of indebtedness upon which attorney's fees are otherwise recoverable under this Code section, the holder of that note or evidence of indebtedness shall not be required to give notice under this subsection.", so that when so amended said subsection (c) shall read as follows: "(c) The holder of the note or other evidence of indebtedness, or his attorney at law, shall, after maturity of the obligation, notify in writing the maker, endorser or party sought to be held on said obligation that the provisions relative to payment of attorney's fees in addition to the principal and interest shall be enforced and that such maker, endorser or party sought to be held on said obligation has ten days from the receipt of such notice to pay the principal and interest without the attorney's fees. If the maker, endorser or party sought to be held on any such obligation shall pay the principal and interest in full before the expiration of such time, then the obligation to pay the attor ney's fees shall be void and no court shall enforce the agreement. The refusal of a debtor to accept delivery of the notice hereinbefore specified shall be equivalent of such notice. If a petition is filed for adjustment of debts or for any other relief permitted under Title 11 of the United States Code, relating to bankruptcy, and this adjustment or relief will affect the obligation created by a note or other evidence of indebtedness upon which attorney's fees are otherwise recoverable under this Code section, the holder of that note or evidence of indebtedness shall not be required to give notice under this subsection." Part 2 Section 2. Code Section 13-1-11 of the Official Code of Georgia Annotated, relating to validity and enforcement of obligations to pay attorney's fees upon evidences of indebt edness, is amended by striking paragraph (3) of subsection (a) and inserting in its place a new paragraph (3) to read as follows: "(3) The holder of the note or other evidence of indebtedness or his attorney at law shall, after maturity of the obligation, notify in writing the maker, endorser, or party sought to be held on said obligation that the provisions relative to payment of attorney's fees in addition to the principal and interest shall be enforced and that such maker, endorser, or party sought to be held on said obligation has ten days from the receipt of such notice to pay the principal and interest without the attorney's fees. If the maker, endorser, or party sought to be held on any such obligation shall pay the principal and interest in full before the expiration of such time, then the obligation to pay the attor ney's fees shall be void and no court shall enforce the agreement. The refusal of a debtor to accept delivery of the notice specified in this paragraph shall be the equivalent of FRIDAY, MARCH 26, 1982 3261 such notice. If a petition is filed for adjustment of debts or for any other relief permit ted under Title 11 of the United States Code, relating to bankruptcy, and this adjust ment or relief will affect the obligation created by a note or other evidence of indebtedness upon which attorney's fees are otherwise recoverable under this Code sec tion, the holder of that note or evidence of indebtedness shall not be required to give notice under this subsection." Parts Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by Representative Ham of the 80th and Bray of the 70th, was read: A BILL To amend Code Section 13-1-11, relating to obligations to pay attorney's fees, so as to change the maximum amounts which may be enforced; to provide an exception to notice requirements; to provide for all related matters; to provide an effective date; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 13-1-11, relating to obligations to pay attorney's fees, is amended by replacing paragraphs (1), (2), and (3) of subsection (a) with new paragraphs to read as follows: "(1) If such note or other evidence of indebtedness provides for attorney's fees in some specific percent of the principal and interest owing thereon, such provision and obligation shall be valid and enforceable up to but not in excess of W percent f th principal ad intcrcat owing en said note er ethei evidence ef indebtedness; : (A) 15 percent on the first $2,000.00 owed; (B) 10 percent on amounts in excess of $2,000.00 and up to $30,000.00; (C) 5 percent on amounts in excess of $30,000.00 and up to $100,000.00; and (D) 1 percent on amounts in excess of $100,000.00; (2) If such note or other evidence of indebtedness provides for the payment of rea sonable attorney's fees without specifying any specific percent, such provision shall be construed to mean 15 percent of the first $500.00 of principal and interest owing on such note or other evidence of indebtedness and 10 percent of the amount of principal and interest owing thereon in excess of $500.00 but in no event more than the maximum allowable attorney's fees on the amount owing, as computed under paragraph (1); (3) The holder of the note or other evidence of indebtedness or his attorney at law shall, after maturity of the obligation, notify in writing the maker, endorser, or party sought to be held on said obligation that the provisions relative to payment of attorney's fees in addition to the principal and interest shall be enforced and that such maker, endorser, or party sought to be held on said obligation has ten days from the receipt of such notice to pay the principal and interest without the attorney's fees. If the maker, endorser, or party sought to be held on any such obligation shall pay the principal and interest in full before the expiration of such time, then the obligation to pay the attor ney's fees shall be void and no court shall enforce the agreement. The refusal of a debtor to accept delivery of the notice specified in this paragraph shall be the equivalent of such notice. If a petition is filed for adjustment of debts or for any other relief permit ted under Title U of the United States Code, relating to bankruptcy, and this adjust ment or relief will affect the obligation created by a note or other evidence of 3262 JOURNAL OF THE HOUSE, indebtedness upon which attorney's fees are otherwise recoverable under this Code sec tion, the holder of that note or evidence of indebtedness shall not be required to give notice under this paragraph." Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and lost: Representative Davis of the 124th moves to amend the Ham/Bray substitute to SB 346 by adding the following to line 25, page 1: "unless the court upon motion and after a hearing determines that the creditor has incurred actual attorneys' fees in excess of said amount and allows the recovery of same from the debtor." The Ham/Bray substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y AdamsJ Y Adaim,M Y Aiken Y Anderson YArgo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal NBeck Y Benefield Benn Birdsong Y Bishop Y Bolster Y Branch YBray N Brooks YBuck YBurruss N Burton YByrd YCason Y Castleberry Y Chamberlin Chambless Y Chance Y Cheeks Y Childers Y Childs N Clark,B Y Clark,L Y Colbert Y Coleman Collins Y Colwell Y Connell Y Couch YCox N Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Davis.B N Davis,J N Davis.L Dean Dent Y Diion YDobbs Y Dover Y Edwards N Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Ginsberg Glover Y Godbee YGreer YHam Y Hamilton Y Hanner Y Harris Harrison N Hasty Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones,B Jones.H NKarrh YKemp Y Kilgore Y Lambert Y Lane,D N Lane.R Lawson YLee YLogan YLong YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Moody Y Moore Mostiler Mullinax Y Nicholaon YNii Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters PhfflipsJB Y Phillips,L.L Phillips,R.T Y Phillips.W.R Y Pilewicz Y Pinkston Y Rainey N Ralston YRamsey Randall Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Savage Soott,A Scott,D Y Shepard N Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg YSwann Y Thomas Y Thompson Townsend Y Triplet! NTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker YWall Ware Y Watson Y White N 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 15. The Bill, having received the requisite constitutional majority, was passed, .by substitute. FRIDAY, MARCH 26, 1982 3263 The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate insists on its amendment to the following Bill of the House: HB 1435. By: Representatives Parham of the 109th and Baugh of the 108th: A BILL to amend Code Title 79A, relating to the manufacture, production, distribution, and use of drugs, medicines, poisons, so as to amend the list of dangerous drugs; to amend the exemptions from the list of dangerous drugs; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the Senate was taken up for consideration and read the third time: SR 274. By: Senator Coverdell of the 40th: A RESOLUTION Creating the Hazardous Drivers Study Committee; and for other purposes. WHEREAS, the incidence of serious traffic offenses such as driving under the influ ence of alcohol or drugs has increased dramatically during recent years; and WHEREAS, the General Assembly should review the laws dealing with serious traffic offenses and the administration of those laws by the courts of this state in an effort to find more effective methods to remove hazardous drivers from the streets and highways of this state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Hazardous Drivers Study Committee is created which shall be com posed of 18 members as follows: (a) Four members of the Senate, three of whom shall be appointed by the President of the Senate and the fourth shall be the chairman of the Senate Public Safety Commit tee; (b) Four members of the House of Representatives, three of whom shall be appointed by the Speaker of the House of Representatives and the fourth shall be the chairman of the Public Safety Committee of the House of Representatives; (c) One official or employee of the Department of Public Safety appointed by the Commissioner of Public Safety; (d) One official or employee of the Department of Human Resources appointed by the commissioner of said department; (e) One official or employee of the Office of Highway Safety appointed by the direc tor of said office; (f) Four judges of courts of this state appointed by the Governor, one of whom shall be a judge of a municipal or recorder's court, one of whom shall be a judge of a probate court exercising jurisdiction over traffic offenses, one of whom shall be a judge of a state court, and one of whom shall be a juvenile court judge; and (g) Three citizens of Georgia appointed by the Governor. BE IT FURTHER RESOLVED that the committee shall conduct a comprehensive study of the existing laws of this state relating to serious traffic offenses, with particular emphasis on driving under the influence of alcohol or drugs. Such study shall also include the administration of such laws by the courts of this state. The purpose of the study will be to find more effective methods of substantially reducing the number of hazardous driv ers operating on the streets and highways of this state. 3264 JOURNAL OF THE HOUSE, BE IT FURTHER RESOLVED that the organizational meeting of the committee shall be held upon the joint call of the President of the Senate and the Speaker of the House of Representatives. At the organizational meeting, the committee shall elect a chair man from its own membership and such other officers from its own membership as the committee finds necessary or desirable. The committee shall adopt its own rules of proce dure and may meet at such times and places as the committee shall determine but not exceeding ten days unless additional days are authorized by both the President of the Sen ate and the Speaker of the House. BE IT FURTHER RESOLVED that the legislative members of the committee shall receive the expenses and allowances provided by law for legislative members of interim committees for attending meetings of the committee. Members of the judiciary who serve on the committee shall be reimbursed for actual and necessary expenses and travel expenses for attending meetings of the committee from legislative funds. State officials or employees who serve on the committee shall be reimbursed for actual and necessary expenses and travel expenses from the funds of their respective departments or agencies for attending meetings of the committee. Citizen members of the committee shall be reim bursed for expenses and travel for attending committee meetings in the same manner as state employees. All funds necessary to carry out the provisions of this resolution, except as provided herein, shall come from funds appropriated or available to the legislative branch of state government or from funds made available to the Office of Highway Safety by the Congress of the United States pursuant to 23 USCA, Section 402. BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations, including proposed legislation, to the Governor and all members of the General Assembly on or before the date the General Assembly convenes in regular ses sion in 1983, on which date the committee shall stand abolished. The following amendment was read and adopted: The Committee on Motor Vehicles moves to amend SR 274 as follows: On page 1, line 22 delete the words "Public Safety Committee" and insert "Motor Vehicles Committee." The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams,J Y Adams,M Aiken Y Anderson Y Argo YAuten N Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Birdsong Y Bishop Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Coleman Y Collins Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Cummings Y Darden Daugherty Y Davis.B Y Davis,J Y Davis.L Dean Dent Y Diion YDobbs Y Dover Edwards Y Elliott Y Evans Y Felton Fortune Y Foster Fuller.C YGaler Ginsberg Glover N Godbee Y Greer YHam Y Hamilton Y Hanner Y Harris Harrison Y Hasty Hawkins YHays Hill Y Holmes Y Hooks Horne Hutchinson Ylrvin YIsakson Y Jackson.J Y Jackson.N Y Jackson, W Y Jessup Y Johnson ,G Y Johnson ,R Y Jones,B Y Jones.H Karrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson YLee YLogan YLong YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum FRIDAY, MARCH 26, 1982 3265 Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Moore 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 Y Phillips,R.T N Phillips.W.R Y Pilewicz Pinkston Y Rainey N Ralston YRamsey Randall Reaves Y Richardson Y Robinson Y Rose Y Rosa Y Rowland Y Russell Savage Scott,A ScottJD Y Shepard N Sherrod Sizemore Y Smith.T Smith.V Smyre Y Snow 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 Y White Y Widener Y Williams.B.J Williams.H Y WilliamsJR Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, as amended, the ayes were 136, nays 5. The Resolution, having received the requisite constitutional majority, was adopted, as amended. The following supplemental report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, MARCH 26, 1982 Mr. Speaker and Members of the House: Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 26, 1982, by adding the following: HR 815 Hazardous Waste Disposal Study Committee HR 829 House Study Comm. on HB 1579; Length of Vehicles SB 4 Juvenile Court, Code Amend, (Rec.) SB 78 Superior Court Judges Ret., Service SB 485 Polygraph Examiners: Continuation of Board SB 555 Teachers' Retirement, Certain Independent System SB 596 Game and Fish, Night Hunting, Seizure of Property SB 602 Industrialized Bldgs.; Health & Safety Standards SB 678 Public Contracts, Performance Bonds SB 683 Open Meetings; State and Local Govt; New Chapter SB 713 Contracts, Farm Equipment SB 715 St. Mountain Memorial Assn., Investments SB 734 Alcoholic Bev., Sales on Sundays SR 346 Environmental Facilities Study Comm: Create Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect. Respectfully Submitted, M Lee of the 72nd Chairman The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1906. By: Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th: A BILL to amend the "Georgia Alcoholic Beverage Code," Code Title 5A, so as to permit the governing authorities of certain counties and municipalities to authorize the sale of alcoholic beverages for consumption on the premises on Sundays if approved at a referendum; and for other purposes. 3266 JOURNAL OF THE HOUSE, The following report of the Committee of Conference on HB 1906 was read: CONFERENCE COMMITTEE REPORT ON HB 1906 The Conference Committee on HB 1906 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1906 be adopted. Respectfully submitted, FOR THE SENATE: /s/HSeonnaotroarb,l2e5CthulDveisrtrKicidt d /s/Honorable Jack L. Stephens Senator, 36th District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Bob Argo Representative, 63rd District /s/Honorable Harry D. Dixon Representative, 151st District /s/Honorable Floyd Hudgins Senator, 15th District /s/Honorable Charles Martin Representative, 60th District A BILL To amend the "Georgia Alcoholic Beverage Code," Code Title 5A, so as to permit the governing authorities of certain counties and municipalities to authorize the sale of alco holic beverages for consumption on the premises at certain times on Sundays if approved in a referendum; to authorize the governing authority of certain counties and every munic ipality located within such counties, through proper resolution or ordinance, to issue licenses to sell alcoholic beverages for beverage purposes by the drink, such sales to be for consumption only on the premises; to provide the procedures connected therewith; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. The "Georgia Alcoholic Beverage Code," Code Title 5A, is amended by adding at the end of Section 5A-507, relating to the sale of alcoholic beverages on Sundays and election days, a new subsection to be labeled subsection (j) and to read as follows: "(j) (1) In each county having a population of not less than 69,000 and not more than 75,000 according to the United States Decennial Census of 1980 or any future such census, in which the sale of alcoholic beverages is lawful and in all municipalities in those counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alco holic beverages for consumption on the premises at any time from 11:55 P.M. on Sat urdays and one hour immediately following that time. (2) (A) This subsection shall not become effective in the unincorporated area of any such county or in any municipality unless the application to the unincorporated area of such county or municipality is approved at a referendum by the voters of the unincorporated area of any such county or municipality. Such referendum shall be held on the date of the first general primary election held after this paragraph first applies to the county or municipality. Not less than 30 nor more than 60 days prior to the date of such primary, it shall be the duty of the election superintendent of the county to issue the call for an election for the purpose of submitting this question to the electors of the unincorporated area of any such county and each affected municipality for approval or rejection. The superintendent shall set the date of such election for the date of said primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks FRIDAY, MARCH 26, 1982 3267 immediately preceding the date thereof in the official organ of the county. The bal lot shall have written or printed thereon the words: '( ) YES ( ) NO Shall the law allowing the governing authority of (insert name of the affected political subdivision) to allow the sale of alcoholic beverages for one hour after 11:55 P.M. on Saturdays be approved?' (B) All persons desiring to vote for approval shall vote 'Yes,' and those persons desiring to vote for rejection shall vote 'No.' If more than one-half of the votes cast on such question in the unincorporated area of such county are for approval, then paragraph (1) shall become of full force and effect in the unincorporated area of the county. If more than one-half of the votes case on such question in any municipality are for approval, then paragraph (1) shall become of full force and effect in such municipality. (C) The expense of such election shall be borne by the county. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State." Section 2. Said title is further amended by adding a new paragraph (5) at the end of subsection (b) of Code Section 5A-2901 to read as follows: "(5) The governing authority in all counties of this state having a population of not less than 160,000 nor more than 170,000 according to the United States decennial census of 1980 or any future such census and every municipality located in such counties, through proper resolution or ordinance, may authorize the issuance of licenses to sell alcoholic beverages for beverage purposes by the drink, such sales to be for consumption only on the premises. In the event the governing authority of any such county or munic ipality coming under the provisions of this paragraph desires to exercise the powers authorized by this paragraph, the governing authority shall conduct a special referendum election which shall be held at the time of holding any other primary or election in such county or municipality for the purpose of determining whether or not these powers may be exercised. In the event a majority of those persons voting in the election vote in favor of the governing authority issuing licenses for the sale of distilled spirits, as authorized by this paragraph, then the governing authority shall exercise the power conferred by this paragraph. Otherwise, the governing authority shall not have these powers." Part 2 Section 3. Title 3 of the Official Code of Georgia Annotated, known as the "Georgia Alcoholic Beverage Code," is amended by adding a new subsection (i) at the end of Code Section 3-3-7 to read as follows: "(i) (1) In each county having a population of not less than 69,000 and not more than 75,000 according to the United States decennial census of 1980 or any future such census, in which the sale of alcoholic beverages is lawful and in all municipalities in those counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alco holic beverages for consumption on the premises at any time from 11:55 P.M. on Sat urdays and one hour immediately following that time. (2) (A) This subsection shall not become effective in the unincorporated area of any such county or in any municipality unless the application to the unincorporated area of such county or municipality is approved at a referendum by the voters of the unincorporated area of any such county or municipality. Such referendum shall be held on the date of the first general primary election held after this paragraph first applies to the county or municipality. Not less than 30 nor more than 60 days prior to the date of such primary, it shall be the duty of the election superintendent of the county to issue the call for an election for the purpose of submitting this question to the electors of the unincorporated area of any such county and each affected municipality for approval or rejection. The superintendent shall set the date of such election for the date of said primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks 3268 JOURNAL OF THE HOUSE, immediately preceding the date thereof in the official organ of the county. The bal lot shall have written or printed thereon the words: '( ) YES ( ) NO Shall the law allowing the governing authority of (insert name of the affected political subdivision) to allow the sale of alcoholic beverages for one hour after 11:55 P.M. on Saturdays be approved?' (B) All persons desiring to vote for approval shall vote 'Yes,' and those persons desiring to vote for rejection shall vote 'No.' If more than one-half of the votes cast on such question in the unincorporated area of such county are for approval, then paragraph (1) shall become of full force and effect in the unincorporated area of the county. If more than one-half of the votes case on such question in any municipality are for approval, then paragraph (1) shall become of full force and effect in such municipality. (C) The expense of such election shall be borne by the county. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State." Section 4. Said title is further amended by adding a new paragraph (5) at the end of subsection (b) of Code Section 3-4-90 to read as follows: "(5) The governing authority in all counties of this state having a population of not less than 160,000 nor more than 170,000 according to the United States decennial census of 1980 or any future such census and every municipality located in such counties, through proper resolution or ordinance, may authorize the issuance of licenses to sell alcoholic beverages for beverage purposes by the drink, such sales to be for consumption only on the premises. In the event the governing authority of any such county or munic ipality coming under the provisions of this paragraph desires to exercise the powers authorized by this paragraph, the governing authority shall conduct a special referendum election which shall be held at the time of holding any other primary or election in such county or municipality for the purpose of determining whether or not these powers may be exercised. In the event a majority of those persons voting in the election vote in favor of the governing authority issuing licenses for the sale of distilled spirits, as authorized by this paragraph, then the governing authority shall exercise the power conferred by this paragraph. Otherwise, the governing authority shall not have these powers." Parts Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective November 1, 1982. Section 6. Notwithstanding any other provision of law to the contrary, the United States decennial census of 1980 shall become effective for purposes of this Act on the effective date of this Act. Section 7. All laws and parts of laws in conflict with this Act are repealed. Representative Argo of the 63rd moved that the House adopt the report of the Com mittee of Conference on HB 1906. On the motion, the roll call was ordered and the vote was as follows: N Aaron N Adams.G YAdams,J N Adams.M Y Aiken N Andersen Y Argo Auten N Balkcom N Bargeron N Baugh N Beal Beck Y Benefield Benn N Birdsong Y Bishop Y Bolster N Branch N Bray Brooks Y Buck Y Burruss N Burton N Byrd N Cason Y Castleberry N Chamberlin Y Chambless N Chance Y Cheeks Y Childers N Childs Y Clark.B Clark.L Y Colbert Y Coleman Collins Colwell Y Connell FRIDAY, MARCH 26, 1982 3269 Y Couch Cox N Crawford Y Crosby Y Culpepper Cummings Y Darden Daugherty N Davis,B N Davis,J N Davis.L YDean Dent Y Dixon N Dobbs N Dover Y Edwards N Elliott N Evans N Felton Fortune Foster Y Fuller.C Y Galer Ginsberg Glover N Godbee Greer NHam N Hamilton Y Hanner Harris Y Harrison Y Hasty Y Hawkins Hays Hill N Holmes Hooks Home Hutchinson Y Irvin Y Isakson Jackson,J N Jackson.N N Jackson.W Y Jessup Y Johnson.G Johnson.R Y Jones.B N Jones.H N Karrh Kemp N Kilgore Y Lambert N Lane.D Lane,R Lawson YLee Y Logon N Long NLord NLowe Y Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews N McCollum Y McDonald Y McKinney Miles Milford Y Montgomery N Moody Moore N Mostiler Y Mullinax Y Nicholson NNix N Oliver Y Padgett Par ham Y Patten N Perry Y Peters Y Phillips,B Phillips.L.L N Phillips.R.T N Phillips.W.R N Pilewicz Pinkston N Rainey N Ralston Ramsey Randall N Reaves N Richardson N Robinson N Rose NRoss Y Rowland Y Russell Savage Y Scott,A Scott,D N Shepard N Sherrod N Sizemore N Smith.T Smith.V Smyre YSnow N Steinberg YSwann Y Thomas Y Thompson Y Townsend Triplett NTuten Twiggs Y Vandiford Vaughn Y Veazey N Waddle Y Walker N Wall Y Ware Y Watson Y White N Widener N Williams.B.J Williams.H Williams.R Y Wilson N Wood,J Wood,J.T N Workman Speaker Murphy On the motion, the ayes were 66, nays 67. The motion was lost and the House rejected the report of the Committee of Confer ence on HB 1906. Representative Argo of the 63rd moved that the House reconsider its action in failing to adopt the report of the Committee of Conference on HB 1906. On the motion, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G Y Adaros,J N Adams.M Y Aiken N Anderson Y Argo Auten N Balkcom N Bargeron Y Baugh YBeal YBeck Y Benefield Benn N Birdsong Y Bishop N Bolster N Branch YBray Y Brooks YBuck Y Burruss N Burton NByrd NCason Y Castleberry N Chamberlin Y Chambless Y Chance Y Cheeks Y Childers N Childs Y Clark,B Clark,L Y Colbert Y Coleman Collins Colwell Y Connell Y Couch Cox N Crawford Y Crosby Y Culpepper Cummings Y Darden Daugherty N Davis.B N Davis,J N Davis,L YDean Dent Y Dixon N Dobbs N Dover Y Edwards N Elliott N Evans N Felton Fortune Foster Y Fuller.C Galer Y Ginsberg Glover N Godbee Y Greer NHam N Hamilton Y Hanner Harris Harrison Y Hasty Y Hawkins Hays Hill N Holmes Hooks Home Hutchinson Irvin Y Isakson Jackson,J N Jackson.N N Jackson.W N Jessup Y Johnson.G Johnson.R Y Jones.B N Jones.H N Karrh Kemp Y Kilgore Y Lambert N Lane,D N Lane.R Lawson Lee Y Logan NLong Lord N Lowe Y Lucas Y Mangum Mann Marcus Y Martin Y Matthews N McCollum Y McDonald Y McKinney Miles Milford Y Montgomery N Moody Moore N Mostiler Mullinax Y Nicholson YNix N Oliver Y Padgett Y Parham Y Patten N Perry Y Peters Phillips.B Phillips.L.L N Phillips.R.T N Phillips.W.R N Pilewicz N Pinkston N Rainey N Ralston Ramsey Randall N Reaves N Richardson N Robinson NRose NRoss Y Rowland Y Russell Savage Scott.A Scott,D N Shepard N Sherrod N Sizemore N Smith.T Smith.V Smyre YSnow N Steinberg Y Swann Y Thomas Y Thompson Y Townsend Triplett NTuten N Twiggs Y Vandiford Vaughn Y Veazey N Waddle Y Walker N Wall Ware Y Watson Y White N Widener N Williams,B.J Williams.H Williams.R Y Wilson N Wood.J Wood,J.T N Workman Speaker Murphy 3270 JOURNAL OF THE HOUSE, On the motion, the ayes were 67, nays 64. The motion prevailed. Representative Argo of the 63rd again moved that the House adopt the report of the Committee of Conference on HB 1906. On the motion, the roll call was ordered and the vote was as follows: N Aaron N Adams.G Y Adams,J N Adams.M Y Aiken N Anderson Y Argo Auten N Balkcom N Bargeron Y Baugh YBeal Beck Y Benefield Benn N Birdsong Y Bishop Y Bolster N Branch NBray Y Brooks YBuck Y Burruss N Burton NByrd NCason Y Castleberry N Chamberlin Y Chambless N Chance Y Cheeks Y Childers N Childs Y Clark.B Clark,L Y Colbert Y Coleman Collins Colwell Y Connell Y Couch Cox N Crawford Y Crosby Y Culpepper N Cummings Y Darden Y Daugherty N Davis.B N Davis,J N Davis.L YDean Dent Y Dixon N Dobbs N Dover Y Edwards N Elliott N Evans N Felton Fortune Foster Y Fuller.C YGaler Y Ginsberg Glover NGodbee Greer NHam N Hamilton Y Banner Harris Harrison Y Hasty Y Hawkins Hays Hill N Holmes Hooks Home Hutchinson Ylrvin Y Isakson Jackson,J N Jackson.N N Jackson,W Y Jessup Y Johnson.G Johnson,R Y Jones.B N Jones.H N Karrh Kemp Y Kilgore Y Lambert NLane.D N Lane.R Lawson YLee Y Logan N Long NLord N Lowe Y Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews N McCollum Y McDonald Y McKinney Miles Milford Y Montgomery N Moody Moore N Mostiler Y Mullinax Y Nicholson Nix N Oliver Y Padgett Y Parham Y Patten N Perry Y Peters Y PhiIlips,B Phillips.L.L N Phillips.R-T N Phillips,W.R N Pilewicz Pinkston N Rainey N Ralston Ramsey Randall N Reaves N Richardson N Robinson NRose NRoss Y Rowland Y Russell Savage Y Scott,A Scott.D N Shepard N Sherrod N Sizemore N Smith.T Smith.V Smyre Snow N Steinberg YSwann Y Thomas Y Thompson Y Townsend Triplett NTuten Twiggs Y Vandiford Vaughn Y Veazey N Waddle Y Walker NWall Y Ware Y Watson Y White N Widener N Williams.B J Williams.H Williams.R Y Wilson N Wood.J Wood,J.T N Workman Speaker Murphy On the motion, the ayes were 71, nays 65. The motion was lost and the House again rejected the report of the Committee of Conference on HB 1906. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same: HB 1435. By: Representatives Parham of the 109th and Baugh of the 108th: A BILL to amend Code Title 79A, relating to the manufacture, production, distribution, and use of drugs, medicines, poisons, so as to amend the list of dangerous drugs; to amend the exemptions from the list of dangerous drugs; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Representative Parham of the 109th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1435 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. FRIDAY, MARCH 26, 1982 3271 The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Rowland of the 119th, Baugh of the 108th, and Parham of the 109th. The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendment to the House substitute thereto: SB 379. By: Senators Tysinger of the 41st, Stephens of the 36th, Ballard of the 45th, and others: A BILL to amend Code Chapter 56-5, relating to rates for certain types of insurance, so as to change the provisions relating to definitions; to change the provisions relating to the application of said Code chapter; and for other pur poses. The House substitute to SB 379 was read. The following Senate amendment was read: Amend the House substitute to SB 379 by striking on page 3, lines 28 and 29, the following: "or filed for approval"; and omit the comma on line 29 following the word "approval"; And by striking on page 4, lines 21-23, the following: "or he may set said rates for said insurer on the best information available"; And by changing the comma on line 21 to a period. Representative Ware of the 68th moved that the House agree to the Senate amend ment to the House substitute to SB 379. On the motion, the roll call was ordered and the vote was as follows: Aaron Adams.G Y Adams,J Y Adams,M Y Aiken Y Andereon Argo Y Auten Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Birdsong Y Bishop Y Bolster Y Branch YBray Brooks YBuck Burruss Burton YByrd YCason Y Castleberry N Chamberlin N Chambless Chance Y Cheeks Y Childera Childs Clark.B Y Clark,L Y Colbert Coleman Y Collins Colwell Y Connell Y Couch Cox Crawford N Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Y Davis,B N Davis,J Y Davis,L Dean Dent N Dixon N Dobbs N Dover Y Edwards Y Elliott Evans N Felton Y Fortune Foster Y Fuller.C Y Galer Gins berg Glover Godbee Greer YHam Y Hamilton Y Banner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Hooks Home Hutchinson Irvin Isakson Jackson,J Y Jackson.N Y Jackson,W Y Jessup Johnson.G Johnson.R Jones ,B Y Jones.H NKarrh Kemp Y Kilgore Lambert N LaneJ) N Lane.R Y Lawson YLee Logan YLong YLord NLowe Y Lucas N Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum McDonald McKinney Y Miles Milford Y Montgomery Y Moody Moore Y Mostiler Y Mullinax Y Nicholson YNix N Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B N Phillips,L.L Phillips.R.T Phillips.W.R Y Pilewicz Y Pinkston Y Rainey N Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod N Sizemore Y Smith/I Smith.V Y Smyre YSnow Y Steinberg Swann Y Thomas Y Thompson Y Townsend Y Triplett Tuten N Twiggs Y Vandiford Vaughn Y Veazey 3272 JOURNAL OF THE HOUSE, Y Waddle Y Walker YWall Y Ware Y Watson Y White Y Widener Y Williams,B.J Williams,H Williams.R Y Wilson Y Wood,J Wood,J.T N Workman Speaker Murphy On the motion, the ayes were 106, nays 19. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 717. By: Representative Kemp of the 139th: A BILL to amend an Act which autho rizes the acceptance and payment of cash bonds from persons charged with vio lations of traffic laws, so as to authorize the acceptance and payment of cash bonds in certain cases; and for other purposes. Representative Beal of the 28th arose to a point of personal privilege and addressed the House. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 567. By: Senator Kidd of the 25th: A BILL to create the Executive Probate Judges Council of Georgia; to amend the Official Code of Georgia Annotated accord ingly; and for other purposes. The following amendment was read: Representative Adams of the 14th moves to amend SB 567 by adding on page 2, line 9, the following: "All administrative and clerical personnel shall be employees of the administrative office of the courts; and shall be a part of this budget unit." On the adoption of the amendment, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams,J N Adams.M Y Aiken N Anderson N Argo N Auten Balkcom Bargeron N Baugh Y Beal Beck Benefield Y Benn Y Birdsong Bishop Bolster Y Branch Y Bray Brooks N Buck Burruss Y Burton Y Byrd Cason N Castleberry Y Chamberlin N Chambless Y Chance N Cheeks Y Childers Childs Clark,B Clark.L N Colbert Coleman Collins Y Colwell Connell Couch Y Cox Y Crawford Crosby Y Culpepper Y Cummings Y Darden N Daugherty Y Davis.B Y Davis,J N Davis,L Dean Dent Dixon Y Dobbs Y Dover Y Edwards Y Elliott N Evans Felton Y Fortune Y Foster Fuller,C N Galer Y Ginsberg Glover Y Godbee Greer Y Ham N Hamilton Y Manner Harris Harrison Y Hasty Y Hawkins Y Hays Y Hill N Holmes Hooks Home Hutchinson Y Irvin Y Isakson Jackson,J N Jackson.N Y Jackson.W N Jessup Y Johnson.G Johnson.R N Jones.B FRIDAY, MARCH 26, 1982 3273 N Jones.H Karrh YKemp Y Kilgore N Lambert Y Lane,D Y Lane.R Y Lawson YLee N Logan N Long NLord Lowe Lucas N Mangum Mann Marcus N Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery N Moody Y Moore Y Mostiler Y Mullinax N Nicholson Nix Y Oliver N Padgett N Parham Y Patten Y Perry Y Peters N Phillips.B Phillips.L.L Y Phillips,R.T N Phillips,W.R Y Pilewicz Pinkston Rainey Y Ralston N Ramsey Y Randall Y Reaves Y Richardson Y Robinson YRose NRoss N Rowland N Russell Savage Scott,A Scott.D Y Shepard N Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Stein berg Swann Thomas Y Thompson N Townsend Y Triplett YTuten Twiggs On the adoption of the amendment, the ayes were 84, nays 40. The amendment was adopted. N Vandiford N Vaughn Y Veazey Y Waddle Y Walker Wall Ware Y Watson Y White Y Widener Y Williams.B.J Williams.H Y Williams,R Y Wilson Y Wood,J Wood,J.T Y Workman Speaker Murphy The following amendment was read and adopted: Representative Adams of the 14th moves to amend SB 567 by inserting on page 2 fol lowing the word "office" on line 5, the following: "at the office of the Judicial Council of Georgia." The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten N Balkcom Y Bargeron Y Baugh YBeal NBeck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks YBuck Y Burruss Burton NByrd YCason Castle berry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Coleman Collins N Colwell Y Connell Couch YCox N Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis.B N Davis,J Y Davis.L Dean Dent Dixon N Dobbs N Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Foster Fuller.C YGaler Y Ginsberg Glover Y Godbee Greer Ham Y Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson N Irvin YIsakson Jackson,J Y Jackson.N Y Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane.D N Lane,R Y Lawson Y Lee Y Logan YLong Lord YLowe Lucas Y Mangum YMann Y Marcus Y Martin N Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody N Moore Y Mostiler Y Mullinax Y Nicholson Nix Y Oliver Y Padgett Y Parham N Patten Y Perry Y Peters Y Phillips.B Phillips.L.L Y Phillips.R.T N Phillips.W.R Y Pilewicz Pinkston Y Rainey N Ralston Y Ramsey Randall N Reaves Y Richardson Y Robinson NRose NRoss Y Rowland Y Russell Savage Scott,A Scott,D Y Shepard N Sherrod N Sizemore N Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplett YTuten N Twiggs Vandiford Vaughn Y Veazey Y Waddle Y Walker Wall Y Ware Y Watson Y White N Widener N Williams.B.J Williams.H N Williams.R Y Wilson Y Wood,J Wood,J.T Y Workman Speaker Murphy 3274 JOURNAL OF THE HOUSE, On the passage of the Bill, as amended, the ayes were 112, nays 26. The Bill, having received the requisite constitutional majority, was passed, as amended. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1349. By: Representatives Coleman of the 118th, Pinkston of the 100th, Hanner of the 130th, Ramsey of the 3rd, Phillips of the 59th, and Jackson of the 77th: A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the definition of the term "counterfeit substance"; to make it unlawful to manufacture, deliver, dis tribute, dispense, or sell a noncontrolled substance upon the express or implied representation that the substance is a narcotic or nonnarcotic controlled sub stance; and for other purposes. The following report of the Committee of Conference on HB 1349 was read: CONFERENCE COMMITTEE REPORT ON HB 1349 The Conference Committee on HB 1349 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1349 be adopted. Respectfully submitted, FOR THE SENATE: /s/HSoennaotroarb,le28KthylDe iTst.riCcot bb /s/Honorable J. Nathan Deal Senator, 49th District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Bob Hanner Representative, 130th District /s/Honorable William S. Jackson Representative, 77th District /s/Honorable Jimmy Hodge Timmons Senator, llth District /s/Honorable Tom Ramsey Representative, 3rd District A BILL To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the definition of the term "counterfeit sub stance"; to define the term "noncontrolled substance"; to provide for the definition of additional terms; to make it unlawful to manufacture, deliver, distribute, dispense, or sell a noncontrolled substance upon the express or implied representation that the substance is a narcotic or nonnarcotic controlled substance or upon the express or implied represen tation that the substance is of such nature or appearance that the recipient of said deliv ery will be able to distribute said substance as a controlled substance or that the substance will have the same pharmacological action or effect as a controlled substance; to provide for prima-facie evidence of the implied representation; to provide that a certain belief on the part of the accused is no defense; to provide for exemptions; to provide for penalties; to provide for forfeiture of certain property; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by striking in its entirety paragraph (6) of Code Sec tion 16-13-21 and inserting in lieu thereof a new paragraph (6) to read as follows: FRIDAY, MARCH 26, 1982 3275 "(6) 'Counterfeit substance' means: (A) A a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the con trolled substance; er a (B) A controlled substance or noncontrolled substance, which is held out to be a controlled substance or marijuana, whether in a container or not which does not bear a label which accurately or truthfully identifies the controlled substance contained therein; or any (C) Any substance, whether in a container or not, which bears a label falsely iden tifying the contents as a controlled substance." Section 2. Said chapter is further amended by adding after paragraph (28) of Code Section 16-13-21 a new paragraph (29) to read as follows: "(29) 'Noncontrolled substance' means any drug or other substance other than a con trolled substance as defined by paragraph (4) of this Code section." Section 3. Said chapter is further amended by adding between Code Sections 16-13-30 and 16-13-31 a new Code section, to be designated Code Section 16-13-30.1, to read as follows: "16-13-30.1. (a) (1) It is unlawful for any person knowingly to manufacture, deliver, distribute, dispense, possess with the intent to distribute, or sell a noncontrolled substance upon either: (A) The express or implied representation that the substance is a narcotic or nonnarcotic controlled substance; (B) The express or implied representation that the substance is of such nature or appearance that the recipient of said delivery will be able to distribute said sub stance as a controlled substance; or (C) The express or implied representation that the substance has essentially the same pharmacological action or effect as a controlled substance. (2) The definitions of the terms 'deliver,' 'delivery,' 'distribute,' 'dispense,' and 'manufacture' provided in Code Section 16-13-21 shall not be applicable to this Code section; but such terms as used in this Code section shall have the meanings ascribed to them in the ordinary course of business. (b) An implied representation may be shown by proof of any two of the following: (1) The manufacture, delivery, distribution, dispensing, or sale included an exchange or a demand for money or other valuable property as consideration for deliv ery of the substance and the amount of such consideration was substantially in excess of the reasonable value of the noncontrolled substance; (2) The physical appearance of the finished product containing the substance is substantially identical to a specific controlled substance; (3) The finished product bears an imprint, identifying mark, number, or device which is substantially identical to the trademark, identifying mark, imprint, number, or device of a manufacturer licensed by the Food and Drug Administration of the United States Department of Health and Human Services. (c) In any prosecution for unlawful manufacture, delivery, distribution, possession with intent to distribute, dispensing, or sale of a noncontrolled substance, it is no defense that the accused believed the noncontrolled substance to be actually a controlled substance. (d) The provisions of this Code section shall not prohibit a duly licensed business establishment, acting in the usual course of business, from selling or for a practitioner, acting in the usual course of his professional practice, from dispensing a drug prepara tion manufactured by a manufacturer licensed by the Food and Drug Administration of the United States Department of Health and Human Services for over-the-counter sale which does not bear a label stating 'Federal law prohibits dispensing without a prescrip tion' or similar language meaning that the drug preparation requires a prescription. 3276 JOURNAL OF THE HOUSE, (e) The unlawful manufacture, delivery, distribution, dispensing, possession with the intention to distribute, or sale of a noncontrolled substance in violation of this Code sec tion is a felony and, upon conviction thereof, such person shall be punished by imprison ment for not less than one year nor more than ten years or by a fine not to exceed $25,000.00, or both. (f) All property which would be subject to forfeiture under the provisions of subsec tion (a) of Code Section 16-13-49 for a violation of this article which is used, or intended for use, to facilitate, or is derived from, a violation of this Code section and any noncontrolled substance which is manufactured, distributed, dispensed, possessed with the intent to distribute, or sold in violation of this Code section are declared to be con traband and there shall be no property interest therein. Any property or noncontrolled substance which is subject to the provisions of this subsection shall be forfeited in accordance with the procedures of Code Section 16-13-49." Section 4. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 5. This Act shall become effective November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Representative Hanner of the 130th moved that the House adopt the report of the Committee of Conference on HB 1349. 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 YArgo Y Auten Y Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childa Clark.B Clark.L Y Colbert Coleman Y Collins Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis,B Y Davis,J Y Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Felton Y Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson Ylrvin Y Isakson Jackson.J Y Jackson.N Y Jackson.W Y Jessup Y Johnson.G Johnson.R Y Jones.B Y Jones.H Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson Lee Y Logan YLong YLord Lowe Y Lucas Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Peters Phillips.B Phillips.L.L Phillips,R.T Phillips, W.R Y Pilewicz Y Pinkston Rainey Y Ralston Y Ramsey Y Randall Y Reaves Y Richardson Robinson YRose Ross Rowland Y Russell N Savage Scott,A Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V YSmyre YSnow Steinberg Swann Y Thomas Y Thompson Y Townsend Y Triplett YTuten Y Twiggs Y Vandiford Vaughn Y Veazey Waddle Y Walker Wall Ware Y Watson Y White Y Widener Y Williams,B.J Williams.H Williams,R Y Wilson Y Wood,J Wood,J.T Workman Speaker Murphy FRIDAY, MARCH 26, 1982 3277 On the motion, the ayes were 128, nays 1. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the Senate was taken up for consideration and read the third time: SR 29. By: Senator Kidd of the 25th: A RESOLUTION authorizing the conveyance of cer tain State-owned property located in the City of Milledgeville, Baldwin County; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Authorizing the conveyance of certain state owned property located in Newton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other pur poses. WHEREAS, the State of Georgia Department of Transportation is the owner of approximately three tracts of real property located in Newton County, Georgia; and WHEREAS, said real property consist of all those tracts or parcels of land lying and being in Newton County, Georgia, and being generally described as follows: "All that tract or parcel of land lying and being in Town District, Newton County, Georgia, and being Lots Nos. 19, 20 and 21 of the E. F. Callaway subdivision, plat of which is recorded in Newton County, Georgia deed records in Plat Book No. 1, page 59, to which reference is prayed for more particular description. Each of said lots being 100 x 400 feet and join and make on tract 300 x 400 feet and bounded as follows: On east by Old Orphan's Home road; north by property of Chester Meadors; west by How ard Piper Estate; and on South by J. L. Speers."; and WHEREAS, in order to accommodate the request of Newton County, the Department of Transportation desires to sell such property to Newton County. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: Section 1. That the State of Georgia Department of Transportation is the owner of the above-described property. Section 2. That the Department of Transportation is authorized to convey any or all of the above-described property, by sale for a consideration not less than the fair market value as established by the Department of Transportation to Newton County upon such terms and conditions as the Department of Transportation shall in its discretion determine to be in the best interests of the State of Georgia. Section 3. That the Department of Transportation is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 4. That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Section 5. That all laws and parts of laws in conflict with this resolution are repealed. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. 3278 JOURNAL OF THE HOUSE, On the adoption of the Resolution, 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 Andersen YArgo Y Auten Y Balkcom Y Bargeron YBaugh YBeal YBeck Y Benefield YBenn Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks YBuck YBurruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Y Colbert Coleman Y Collins Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis.B Y Davis,J Davis.L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y EUiott Y Evans Felton Y Fortune Foster Fuller.C YGaler Ginsberg Glover YGodbee Greer YHam Y Hamilton Manner Y Harris Y Harrison Y Hasty Hawkins YHays YHill Holmes Y Hooks Home Hutchinson Ylrvin YIsakson Y Jackson,J Y Jackson,N Y Jackson.W Y Jessup Y Johnson,G Y Johnson,R Y Jones.B Y Jones.H YKarrh YKemp Y Kilgore Lambert Y Lane.D N Lane.R Y Lawson YLee YLogan YLong YLord YLowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McColhim Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson Nix Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Y Phillips,L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson YRose Ross Rowland Y Russell Scott,A Scott,D Shepard Y Sherrod Y Sizemore Smith.T Smith.V Y Smyre YSnow Y Steinberg Swann Y Thomas Y Thompson Y Townsend Y Triplett YTuten YTwiggs Y Vandiford Vaughn Y Veazey Waddle Y Walker Y Wall Y Ware Y Watson Y 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 Resolution, by substitute, the ayes were 136, nays 1. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. The following Resolution of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HR 626. By: Representatives Foster and Williams of the 6th and Ramsey of the 3rd: A RESOLUTION proposing an amendment to the Constitution so as to limit increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues pro duced for the immediately preceding calendar year with the base year for such purposes being established as calendar year 1981; and for other purposes. The following report of the Committee of Conference on HR 626 was read: CONFERENCE COMMITTEE REPORT ON HR 626 The Conference Committee on HR 626 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HR 626 be adopted. Respectfully submitted, FRIDAY, MARCH 26, 1982 3279 FOR THE SENATE: Honorable Max R. Brannon Senator, 51st District /s/Honorable W. W. Fincher, Jr. Senator, 54th District /s/Honorable Hugh M. Gillis, Sr. Senator, 20th District FOR THE HOUSE OF REPRESENTATIVES: , /s/Honorable R. L. Foster Representative, 6th District /s/Honorable Tom Ramsey Representative, 3rd District /s/Honorable Roger Williams Representative, 6th District A RESOLUTION Proposing an amendment to the Constitution so as to limit, with certain exceptions, increases in ad valorem taxes levied by Whitfield County for the maintenance and opera tion of the county government to 5 percent over the revenues produced for the immedi ately preceding calendar year with the base year for such purpose being established as calendar year 1981; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section V, Paragraph II of the Constitution is amended by adding at the end thereof a new paragraph to read as follows: "For the purposes of this paragraph 'ad valorem taxes' means ad valorem taxes levied by Whitfield County for all purposes except ad valorem taxes levied for the Whitfield County school district and ad valorem taxes levied for bonded indebtedness. Except as hereinafter provided, ad valorem taxes levied by Whitfield County for any calendar year shall be limited to a tax millage rate which will produce an amount of revenue equal to the amount of revenue produced by the ad valorem tax millage rate levied by Whit field County for calendar year 1981, plus an increase in such amount not exceeding 5 percent for any single calendar year with such maximum increase computed on the basis of the revenue produced during the immediately preceding calendar year. In the event the revenue produced by ad valorem taxes levied by Whitfield County for calendar year 1982 exceeded the limitation provided for above if this paragraph had been in effect for calendar year 1982, then ad valorem taxes levied by Whitfield County for calendar year 1983 shall be further limited so that the total revenue produced by ad valorem taxes levied by Whitfield County in calendar year 1982 and calendar year 1983 shall not exceed the amount of revenue which would have been allowed to be produced had this paragraph been in effect for calendar year 1982. The limitation on ad valorem taxes pro vided for above may be modified by growth in the net tax digest of Whitfield County but only in the manner hereinafter provided. For any calendar year, the governing authority of Whitfield County shall set the ad valorem tax millage rate within the limi tation provided for above based on the assumption that the net tax digest for the cur rent year is the same dollar amount as the net tax digest for the immediately preceding year. The revenues produced by the application of such millage rate to actual growth in the net tax digest in the current year over the immediately preceding year may be added to the 5 percent limitation provided for above. For the purposes of the foregoing sentences, 'growth in the net tax digest' means increases in the digest resulting only from the addition during a calendar year of property to the digest because of new con struction, renovations, or other improvements to property, and the term specifically excludes growth in the net tax digest resulting from increases in the value of existing property. Any other provisions of this paragraph to the contrary notwithstanding, in the event the joint county and municipality sales and use tax levied within Whitfield County is discontinued pursuant to the provisions of Code Section 48-8-92 of the Official Code of Georgia Annotated, then the limitations on ad valorem taxation by Whitfield County provided for in this paragraph shall be null, void, and of no force and effect. The limita tion on ad valorem taxes levied by Whitfield County provided for by this paragraph may 3280 JOURNAL OF THE HOUSE, be modified by local Act of the General Assembly, but no such local Act may become effective unless it is approved by a majority of the qualified electors of Whitfield County voting on the question of such modification." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to limit, with certain exceptions, increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the rev enues produced for the immediately preceding calendar year with the base year for such purpose being established as calendar year 1981?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Representative Foster of the 6th moved that the House adopt the report of the Com mittee of Conference on HR 626. 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 Aiken Y Anderson YArgo Y Auten Balkcom Y Bargeron YBaugh YBeal YBeck Benefleld Benn Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks YBuck Y Burruss Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Davis.B Y Davis,J Y Davis,L Dean Dent YDixon YDobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover Godbee Greer YHam Hamilton Hanner Y Harris Y Harrison Y Hasty Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson Ylrvin Y Isakson Y Jackson,,] Y Jackson.N Y Jackson,W Y Jessup Y Johnson,G Y Johnson,R Y Jones,B Y Jones.H Karrh YKemp Y Kilgore Lambert Y Lane,D Y Lane.R Y Lawson YLee YLogan YLong YLord YLowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Y Phillips,L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Savage Y Scott,A ScottJD Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Swann Thomas Y Thompson Y Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker Y Wall Ware Y Watson Y 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 motion, the ayes were 138, nays 0. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto: FRIDAY, MARCH 26, 1982 3281 HB 902. By: Representative Smyre of the 92nd: A BILL to amend an Act which gives an express lien to involuntary, gratuitous, or naked depositories on property held in their possession, so as to change the time such depository must hold such property; and for other purposes. The following Senate substitute was read: A BILL To amend an Act which gives an express lien to involuntary, gratuitous, or naked depositories on property held in their possession, approved March 27, 1947 (Ga. L. 1947, p. 1165), so as to change the time such depository must hold such property; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act which gives an express lien to involuntary, gratuitous, or naked depositories on property held in their possession, approved March 27, 1947 (Ga. L. 1947, p. 1165), is amended by striking Section II in its entirety and substituting in lieu thereof a new Section II to read as follows: "Section II. Any Except as provided in Section IIA, any property in the possession of an Involuntary Gratuitous or Naked Depository remaining unclaimed or unidentified, or the reasonable expense incurred in connection with the same remains unpaid, for the period of s two months from the time said property came into the possession of such Depositories, may be sold at public auction to the highest bidder at such time and place as may be designated by such Depository; provided that such Depositories shall have published a notice containing a general description of the property and the time and place of sale once a week for two successive weeks prior to the date of sale in a newspa per of general circulation in the place of sale, or the nearest place thereto." Part 2 Section 2. Code Section 44-14-411 of the Official Code of Georgia Annotated, relating to depositories of involuntary, gratuitous, or naked deposits, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 44-14-411 to read as follows: "44-14-411. Any Except as provided in Code Section 44-14-411.1, any property in the possession of an involuntary, gratuitous, or naked depository, which property remains unclaimed or unidentified or the reasonable expense incurred in connection with which remains unpaid for the period of six two months from the time the property came into the possession of the depository, may be sold at public auction to the highest bidder at such time and place as may be designated by the depository; provided, however, that the depositories shall publish a notice containing a general description of the property and the time and place of sale once a week for two successive weeks prior to the date of the sale in a newspaper of general circulation in the place of the sale or the nearest place thereto." Part3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. 3282 JOURNAL OF THE HOUSE, Representative Smyre of the 92nd moved that the House agree to the Senate substi tute to HB 902. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adaras.G Y Adams,J Y Adams.M Aiken Y Anderson YArgo YAuten Y Balkcom Y Bargeron YBaugh Beal YBeck Y Benefield YBenn Birdsong Y Bishop Bolster Y Branch YBray Y Brooks YBuck Y Burruss Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y ChUdere Y Childs Clark.B Y Clark,L Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch YCox Y Crawford YCrosby Y Culpepper Y Cummings Darden Daugherty Davis.B Y Davis,J Y Davis.L Dean Dent Y Diion Dobbs Y Dover Y Edwards Elliott Y Evans Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover Y Godbee YGreer YHam Hamilton Manner Y Harris Y Harrison Y Hasty Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson Ylrvin Ylsakson Y Jackson,J Y Jackson.N Y Jackson,W Y Jessup Johnson.G Y Johnson,R Y Jones,B Y Jones,H YKarrh YKemp Y Kilgore Lambert Y Lane.D YLane,R Y Lawson YLee YLogan YLong YLord YLowe Lucas Y Mangum Mann Marcus Martin On the motion, the ayes were 130, nays 0. The motion prevailed. Y Matthews Y McCollum McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson YNix Y Oliver Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Y Phillips,LX Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston YRamsey Y Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Savage Scott,A Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Y Smyre YSnow Y Steinberg Swann Thomas Thompson Y Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn YVeazey Waddle Y Walker Wall Ware Y Watson Y White Y Widener Y Williams,B.J Williams.H Williams.R Y Wilson YWood,J Y Wood,J.T Y Workman Speaker Murphy Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 584. By: Senators Kennedy of the 4th, Gillis of the 20th, English of the 21st and oth ers: A BILL to amend an Act known as the "Georgia Correctional Industries Act," so as to prohibit the administration from compensating inmates employed in correctional industries; to change the provisions relating to the use of funds and earnings derived from correctional industries; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.J Y Adams.M Aiken Y Anderson YArgo YAuten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield YBenn Birdsong Y Bishop Bolster Branch Bray Y Brooks YBuck Y Burruss Y Burton YByrd Cason Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Y Clark,L FRIDAY, MARCH 26, 1982 3283 Y Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch Y COT Y Crawford Crosby Culpepper Y Cummings Darden Daugherty YDavis,B YDavis,J Y Davis,L Dean Dent Dixon Dobbs Y Dover Y Edwards YElliott Y Evans Felton Y Fortune Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer Y Ham Y Hamilton Banner Y Harris Y Harrison Hasty Y Hawkins Y Hays Hill Y Holmes Y Hooks Home Hutchinson Y Irvin Isakson YJackson,J Y Jackson.N Y Jackson.W YJessup Y Johnson.G Y Johnson.R Y Jones,B Y Jones,H Y Karrh Y Kemp Y Kilgore Lambert Lane.D Y Lane,R Y Lawson Y Lee Y Logan Y Long Y Lord Y Lowe Lucas Y Mangum Mann Y Marcus Martin Matthews Y McCollum McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson Y Nil Y Oliver Y Padgett Y Parham Y Patten Y Perry Peters Phillips,B Y Phillips,L.L Phillips,R.T Y Phillips.W.R Y Pilewicz Pinkston Rainey Y Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson Y Rose Ross Y Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Smyre Y Snow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker Wall Ware Watson Y White Y Widener Y William8,B J Williams,H Williams,R Y Wilson Y Wood,J Y WoodJ.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 124, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 531. By: Senators Coverdell of the 40th, Scott of the 43rd, Allgood of the 22nd and others: A BILL to amend an Act known as the "Statewide Probation Act," so as to provide that county probation systems shall become a part of the state wide probation system effective on certain dates and shall be funded as a part of the statewide probation system; to amend the Official Code of Georgia Anno tated accordingly; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to the state-wide probation system, so as to provide for state participation in the cost of funding certain county probation systems; to provide that such county pro bation systems shall become a part of the state-wide probation system on a certain date; to provide that employees of such county probation systems shall, at their option, become employees of the Department of Offender Rehabilitation and be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced; to provide for other matters relative to the foregoing; to provide an effective date and conditions for the effectiveness of this Act; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to the state-wide probation system, is amended by adding a new Code sec tion immediately following Code Section 42-8-43 to be designated Code Section 42-8-43.1 to read as follows: "42-8-43.1. (a) This Code section shall apply to county probation systems of all counties of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census, any provision of Code Section 3284 JOURNAL OF THE HOUSE, 42-8-43 to the contrary notwithstanding. The department shall participate in the cost of the county probation systems subject to this Code section for fiscal years 1982-83 and 1983-84. The department shall compute the state cost per probationer on a state-wide basis for each of the aforesaid fiscal years pursuant to the formula used by the Office of Planning and Budget to determine the state cost for probation for budgetary pur poses. For each of the aforesaid fiscal years, the department shall pay to the governing authority of each county maintaining a county probation system subject to this Code section the percentage shown below of the state-wide cost per probationer for each pro bationer being supervised under the respective county probation system as of the first day of each of said fiscal years: (1) For fiscal year 1982-83, 10 percent; and (2) For fiscal year 1983-84, 10-100 percent. (b) The funds necessary to participate in the cost of county probation systems under subsection (a) of this Code section shall come from funds appropriated to the depart ment for the purposes of providing state participation in the cost of county probation systems. The payments to counties provided for in subsection (a) of this Code section shall be made by, or pursuant to the order of, the department in single lump sum pay ment for each fiscal year, with the payment for fiscal year 1982-83 being made by May 1, 1983, and the one for fiscal year 1983-84 by May 1, 1984. As a condition necessary for a county to qualify for department participation in the cost of the county's probation system, the employees of such county probation systems shall be subject to the supervi sion, control, and direction of the department. (c) Each county probation system subject to the provisions of this Code section shall become a part of the state-wide probation system provided for by this article effective on July 1, 1984, and shall be fully funded from state funds as a part of the state-wide probation system beginning with fiscal year 1984-85. The employees of said county pro bation systems, at their option, shall become employees of the department on the date said county systems become a part of the state-wide probation system and, on or after said date, said employees shall be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced as a result of becoming employees of the department." Section 2. If a local Act of the General Assembly is adopted and becomes effective on or before April 1, 1983, expressing approval that a county probation system affected by this Act become a part of the state-wide probation system in accordance with the terms of this Act, then this Act shall become effective as to the county probation system affected by such local Act on April 1, 1983. This Act shall become effective only for each county probation system for which a local Act is adopted and effective on or before April 1, 1983, as provided in this section. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by 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 YAnderson Y Argo Y Auten Y Balkcom Y Bargeron Y Baugh Beal Y Beck Y Benefield Y Benn Birdsong Y Bishop Y Bolster Y Branch Y Bray Y Brooks Y Buck Y Bumiss Y Burton Y Byrd Cason Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch Y Cox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis.B Davis,J Y Davis.L Y Dean Dent Y Dixon Dobbs Y Dover Edwards N Elliott Y Evans Y Pelton Y Fortune Y Foster Y Fuller.C Y Galer Ginsberg FRIDAY, MARCH 26, 1982 3285 Glover YGodbee Y Greer YHam Y Hamilton Hanner Y Harris N Harrison Y Hasty Y Hawkins YHays YHill Holmes Y Hooks Home Hutchinson Ylrvin Y Isakson Y Jackson.J Y Jackson.N Y Jackson.W Y Jessup Y Johnson,G Y Johnson,R Y Jones.B Jones.H YKarrh YKemp Y Kilgore Lambert Y Lane,D Lane,R Y Lawson YLee Y Logan YLong YLord YLowe Y Lucas Y Mangum Mann Y Marcus Martin Y Matthews Y McCollum McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Peters Y Phillips.B Phillips,L.L Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Rainey N Ralston Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson NRose Ross Y Rowland Y Russell Savage Scott,A Scott,D N Shepard N Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett YTuten YTwiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker Wall Ware Y Watson White Y Widener Y Williams,B.J Williams.H 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 130, nays 6. The Bill, having received the requisite constitutional majority, was passed, by substi tute. The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto: HB 48. By: Representatives Richardson of the 52nd and Felton of the 22nd: A BILL to repeal Code Section 74-110, relating to protection of children being reared under immoral, etc., conditions; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 24-1901, relating to subject matter jurisdiction of probate courts, as amended, and Code Chapter 74-1, relating to legitimate children, so as to pro vide for court jurisdiction over certain matters relating to children; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Section 24-1901, relating to subject matter jurisdiction of probate courts, as amended, is amended by striking paragraph 6 and inserting in its place a new paragraph 6 to read as follows: "6. All controversies as to the right of guardianship2 except that the probate court shall not be an appropriate court to take action under Code Section 74-109 or Code Sec tion 74-110." Section 2. Code Chapter 74-1, relating to legitimate children, is amended by striking Code Sections 74-109 and 74-110 and inserting in their place new Code Sections 74-109 and 74-110 to read as follows: "74-109. Cruel treatment by parents.--Any person may apply to the ordinary appro priate court of the county, alleging the cruel treatment of a child by his father or mother, who shall cite the parent to answer the allegation; and such ordinary court may at any time hear evidence, and, in Ms its discretion, appoint a guardian of the person of such child, who shall be entitled to the possession of him. 3286 JOURNAL OF THE HOUSE, 74-110. Protection of children being reared under immoral, etc., conditions.-- Whenever any child under the age of 12 years shall be brought before the ordinary appropriate court of the county of such child's residence, upon the sworn allegation of any citizen that such child was found under circumstances of destitution and suffering, or abandonment, exposure, or was begging, or that such child is being reared under immoral, obscene, or indecent influences likely to degrade his moral character and devote him to a vicious life; and it shall appear to such ordinary court by competent evidence, including such examination of the child as may be practicable, that by reason of the neglect, habitual drunkeness, lewd, or other vicious habits of the parents or guardians of such child, it is necessary for the protection of such child from suffering, or from degradation, that such parents or guardians shall be deprived of the custody of such child, the ordinary court may commit such child to any orphan asylum or other charitable institution established according to law in this State which is willing to receive such child, or appoint a proper guardian therefor, or make such other disposition of him as now is, or may hereafter be, provided by law in cases of disorderly, pauper, or destitute children." Part 2 Section 3. Code Section 15-9-30 of the Official Code of Georgia Annotated, relating to subject matter jurisdiction of probate courts, is amended by striking paragraph (6) and inserting in its place a new paragraph (6) to read as follows: "(6) All controversies as to the right of guardianship2 except that the probate court shall not be an appropriate court to take action under Code Section 19-7-4;". Parts Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. Representative Richardson of the 52nd moved that the House agree to the Senate sub stitute to HB 48. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.J YAdams,M YAiken Y Andereon Y Argo YAuten Y Balkcom YBargeron YBaugh Beal YBeck Y Benefield Y Benn Birdsong Y Bishop Bolster Y Branch Bray Y Brooks YBuck YBurruss Y Burton N Byrd Y Cason Y Castleberry N Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Colbert Y Coleman Collins Colwell Connell Y Couch Y Cox Crawford N Crosby Y Culpepper Cummings Y Darden Daugherty Davis,B N Davis,J Davis,L Y Dean Dent Y Dixon N Dobbs Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer Y Ham Hamilton Hanner Y Harris Y Harrison Y Hasty Y Hawkins Y Hays Y Hill Holmes Y Hooks Home Hutchinson Irvin Y Isakson Y Jackson.J N Jackson.N Y Jackson.W Y Jessup Johnson.G Y Johnson,R Y Jones.B Y Jones.H Karrh Y Kemp Y Kilgore Lambert Y Lane,D N Lane,R Y Lawson Y Lee Y Logan Y Long Y Lord Lowe Y Lucas Y Mangum Mann Marcus Martin Y Matthews Y McCollum Y McDonald McKinney Miles N Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson Y Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Peters Y Phillips,B Phillips,L.L Phillips,R.T Phillips,W.R Y Pilewicz Y Pinkston Rainey N Ralston Y Ramsey YRandaU Y Reaves Y Richardson Y Robinson YRose Ross Rowland Y Russell Savage Scott,A Scott,D N Shepard Y Sherrod YSizemore NSmith,T Smith.V Y Smyre FRIDAY, MARCH 26, 1982 Y Snow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett Y Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker Wall Ware Y Watson Y White 3287 N Widener Y Williams,BJ Williams.H Y Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the motion, the ayes were 118, nays 12. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 142. By: Senator Tysinger of the 41st: A BILL to amend an Act providing certain requirements in connection with blasting or excavating in the vicinity of under ground gas pipes and other facilities, so as to change the definition of the term "gas"; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act providing certain requirements in connection with blasting or exca vating in the vicinity of underground gas pipes and other facilities, approved March 6, 1969 (Ga. L. 1969, p. 50), as amended, so as to change the definition of the term "gas"; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities, approved March 6, 1969 (Ga. L. 1969, p. 50), as amended, is amended by adding at the end of subsection (c) of Section 2 a new sentence to read as follows: "The term 'gas' shall also include liquid petroleum products.", so that when so amended subsection (c) shall read as follows: "(c) 'Gas' means any flammable gaseous matter, and shall include but not be limited to, natural gas, manufactured gas, liquified petroleum gas and any material composed predominantly of any of the following hydrocarbons or mixtures of the same: methane, propane, propylene, butane or butylene. The term 'gas' shall also include liquid petro leum products." Part 2 Section 2. Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting and excavating near certain facilities, is amended by striking paragraph (6) of Code Section 25-9-2 in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows: "(6) 'Gas' means any flammable gaseous matter and includes, but is not limited to, natural gas, manufactured gas, liquefied petroleum gas, and any material composed pre dominantly of any of the following hydrocarbons or mixtures of the same: methane, propane, propylene, butane, or butylene. The term 'gas' shall also include liquid petro leum products." 3288 JOURNAL OF THE HOUSE, Parts Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by 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 Aiken Y Anderson YArgo YAuten Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield YBenn Birdsong Bishop Y Bolster Y Branch YBray Brooks YBuck Y Burruss Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Colbert Y Coleman Collins Y Colwell Connell Y Couch Cox Y Crawford Y Crosby Y Culpepper Cummings Y Darden Daugherty Y Davis,B Davis,J Y DavisJL YDean Dent Y Dixon Y Dobbs Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Foster Fuller.C YGaler Y Ginsberg Glover Godbee Greer YHam Hamilton Y Banner Y Harris Y Harrison Y Hasty Hawkins YHays YHill Holmes Y Hooks Home Hutchinson Irvin Y Isakson Y Jackson,,] Y Jackson.N Y Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones.B Y Jones,H Karrh YKemp Y Kilgore Lambert Y Lane,D Y Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Lucas Mangum Mann Y Marcus Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Oliver Y Padgett Y Parham Y Patten Y Perry Peters Y Phillips,B Phillips,L.I. Y Phillips,R.T Phillips, W.R Y Pilewicz Y Pinkston Rainey Y Ralston Y Ramsey Y Randall Y Reaves Richardson Y Robinson YRose YRoss Y Rowland Y Russell Scott.A Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Steinberg Y Swann Y Thomas Thompson Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker Wall Ware Y Watson Y White Y Widener Y Williams,B.J Williams,H 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 123, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 208. By: Senators Broun of the 46th and Tysinger of the 41st: A BILL to amend Code Section 68C-307, relating to requirements and limits of certain automobile lia bility policies under "The Motor Vehicle Safety Responsibility Act," so as to change the provisions relative to the required policy limits for injury or destruc tion to property of others; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. FRIDAY, MARCH 26, 1982 3289 On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Aiken Y Anderson YArgo YAuten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Brooks YBuck Burruss Burton YByrd Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks N Childers Childs Clark,B Y Clark,L Colbert Y Coleman Collins Y Colwell Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Cummings Y Darden Daugherty Davis.B Davis,J Y Davis.L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Felton Y Fortune Foster Y Fuller.C Y Galer Y Ginsberg Glover YGodbee Y Greer YHam Y Hamilton Y Manner Y Harris Y Harrison Y Hasty Hawkins YHays YHill Holmes Y Hooks Home 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 Lambert Y Lane,D Y Lane,R Y Lawson YLee Y Logan YLong YLord YLowe Lucas Mangum Mann Y Marcus Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips,L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Y Randall Y Reaves Richardson Y Robinson YRose YRoss Y Rowland Y Russell Savage Scott.A Scott,D N Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett YTuten Y Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Y Walker YWall Y Ware Y Watson White Widener Y Williams.B.J Williams.H Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 129, nays 2. The Bill, having received the requisite constitutional majority, was passed. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1261. By: Representatives Parham of the 109th and Baugh of the 108th: A BILL to amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, so as to continue the State Board of Pharmacy and the laws relating thereto but to pro vide for the later termination of the board and the laws relating thereto; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. The following report of the Committee of Conference on HB 1261 was read: CONFERENCE COMMITTEE REPORT ON HB 1261 The Conference Committee on HB 1261 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1261 be adopted. Respectfully submitted, 3290 JOURNAL OF THE HOUSE, FOR THE SENATE: /s/Honorable Culver Kidd Senator, 25th District /s/Honorable Bill Littlefield Senator, 6th District /s/Honorable Jack L. Stephens Senator, 36th District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Bobby Eugene Parham Representative, 109th District /s/Honorable Wilbur Edwin Baugh Representative, 108th District /s/Honorable James C. Moore Representative, 152nd District A BILL To amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, as amended, so as to change the provisions relating to the membership of the Georgia State Board of Pharmacy; to continue the State Board of Pharmacy and the laws relating thereto but to provide for the later termination of the board and the laws relating thereto; to amend Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, so as to provide for the same change described above as well as to provide for nomination, appointment, and approval of the director and agents of the Georgia Drugs and Narcotics Agency and provide for their compensation; to change certain reporting requirements; to remove certain citizenship requirements for pharmacist and pharmacy licensure; to change certain requirements for pharmacy interns; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Title 79A, relating to pharmacists, pharmacy, and drugs, as amended, is amended by striking Code Section 79A-202 in its entirety and substituting in lieu thereof a new Code Section 79A-202 to read as follows: "79A-202. The Effective July ^ 1982, the Georgia State Board of Pharmacy shall con sist ef five {6) be expanded from six to eight members possessing the qualifications hcrcmafter apccificd whe and shall consist of seven members who meet the qualifications of Code Section 79A-203 and one member who shall meet the qualifications of Code Sec tion 79A-202.1. Members in office on July l^ 1982, shall serve out their terms of office and until their successors are appointed and qualified. Members of the Board shall be appointed by the Governor for a term of five years or until their successors are appointed and qualified. At the annual meeting of the Georgia Pharmaceutical Associa tion there shall be nominated by such licensed pharmacists as may be present three practicing registered pharmacists who shall meet the qualifications imposed by this Chapter to fill the next vacancy occurring on the Board by reason of expiration of term. At the annual meeting of the Georgia Pharmaceutical Association in 1982, the licensed pharmacists present shall also nominate three practicing registered pharmacists who meet the qualifications imposed by this Chapter to fill the two additional positions on the Board. The secretary of said association shall regularly submit to the Governor the names of the three pharmacists so nominated for each vacancy and the Governor may make the appointment to fill each such vacancy from the names so submitted. Should any vacancy occur upon the State Board of Pharmacy other than by reason of expiration of term, such vacancy may be filled by appointment by the Governor for the remainder of the unexpired term from a group of three practicing registered pharmacists nomi nated as aforesaid at any regular or special meeting of the Georgia Pharmaceutical Asso ciation." Section 2. Said Code Title is further amended by striking Code Section 79A-202.1 in its entirety and substituting in lieu thereof a new Code Section 79A-202.1 to read as follows: "79A-202.1. Effective July 1, 1982, the Board shall consist of eight members. In addi tion to the members of the Board who are pharmacists, the Board shall consist of a FRIDAY, MARCH 26, 1982 3291 member, appointed by the Governor, who shall not have any connection whatsoever with the pharmaceutical industry. Such additional member may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of pharmacists for licensing in this State. Vacancies occurring in the mem bership of the Board occupied by a consumer shall be filled by the Governor for the unexpired term of office. Except for appointments to fill vacancies, the term of office of all members of the Board shall be for five years." Section 3. Said Code Title is further amended by adding immediately following Code Section 79A-202.1 a new Code Section 79A-202.2 to read as follows: "79A-202.2. Board continuation and termination. Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the State Board of Pharmacy and the laws relating thereto are hereby continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termina tion period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board." Part 2 Section 4. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by striking Code Section 26-4-31 in its entirety and substituting in lieu thereof a new Code Section 26-4-31 to read as follows: "26-4-31. (a) The board shall consist of seven members possessing the qualifications specified in subsection (e) ef this Code section and Code Section 26-4-32 and one addi tional member possessing the qualifications specified in subsection (c) of this Code sec tion who shall be appointed by the Governor for a term of five years or until their successors are appointed and qualified. (b) At the annual meeting of the Georgia Pharmaceutical Association there shall be nominated by such licensed pharmacists as may be present three practicing registered pharmacists who shall meet the qualifications imposed by this part to fill the next vacancy occurring on the board by reason of expiration of term. The secretary of said association shall regularly submit to the Governor the names of the three pharmacists so nominated and the Governor may make the appointment to fill such vacancy from the names so submitted. Should any vacancy occur upon the board other than by reason of expiration of term, such vacancy may be filled by appointment by the Governor for the remainder of the unexpired term from a group of three practicing registered phar macists nominated as aforesaid at any regular or special meeting of the Georgia Pharma ceutical Association. (c) The sixth eighth member of the board shall be appointed by the Governor and shall not have any connection whatsoever with the pharmaceutical industry. Such mem ber shall vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of pharmacists for licensing in this state. Vacancies occurring in the membership of the board 'occupied by a consumer' shall be filled by the Governor for the unexpired term of office." Section 5. Said title is further amended by striking Code Section 26-4-41 and insert ing in its place a new Code Section 26-4-41 to read as follows: "26-4-41. For the purposes of Chapter 2 of Title 43, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Pharmacy shall be terminated on July 1, 1082 1988, and this part and 3292 JOURNAL OF THE HOUSE, any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8." Section 6. Said title is further amended by striking Code Section 26-4-50, which reads as follows: "26-4-50. The joint-secretary is authorized to appoint a director of the Georgia Drugs and Narcotics Agency. It shall be the duty of the director to visit and inspect factories, warehouses, wholesaling establishments, retailing establishments, chemical laboratories, and such other establishments in which drugs, devices, cosmetics, and such articles known as family remedies, grocer's drugs, and toilet articles are manufactured, pro cessed, packaged, sold at wholesale, sold at retail, or otherwise held for introduction into commerce; to enter and inspect any vehicle used to transport or hold any drugs, devices, cosmetics, or any of the articles enumerated in this Code section; and to perform such other duties as may be directed by the board. He shall report to the board, the jointsecretary, or the Department of Public Safety, as appropriate, any and all violations of any of the drug laws of this state. The director shall have authority to take up samples of the articles enumerated in this Code section from any of the said establishments for examination and analysis by the state chemist under his direction and supervision, or for examination under the direction and supervision of the board for the purpose of examination as provided by Code Section 26-4-54. The director shall be charged with the supervision and control of the Georgia Drugs and Narcotics Agency.", and inserting in its place a new Code Section 26-4-50 to read as follows: "26-4-50. The Georgia State Board of Pharmacy shall appoint a director who shall hold office at the pleasure of the board, and should any vacancy occur in said office for any cause whatsoever, said board shall, either at a regular or called meeting, appoint his successor. The salary of the director shall be fixed by the Georgia State Board of Phar macy. His whole time shall be at the disposal of the Georgia State Board of Pharmacy and it shall be his duty to visit and inspect factories, warehouses, wholesaling establish ments, retailing establishments, chemical laboratories, and such other establishments in which drugs, devices, cosmetics, and such articles known as family remedies, grocer's drugs, and toilet articles are manufactured, processed, packaged, sold at wholesale, sold at retail, or otherwise held for introduction into commerce; to enter and inspect any vehicle used to transport or hold any drugs, devices, cosmetics, or any of the above stated articles; and to perform such other duties as may be directed by the Georgia State Board of Pharmacy. He shall report to the Georgia State Board of Pharmacy or the secretary of said board any and all violations of any of the drug laws of this state. The director shall have authority to take up samples of the articles above referred to from any of the said establishments for examination and analysis by the state chemist, or under his direction and supervision, or for examination under the direction and supervision of the Georgia State Board of Pharmacy for the purpose of examination as provided by Code Section 26-4-54. The Georgia State Board of Pharmacy shall have authority to appoint such number of assistant drug agents as may be necessary for the proper enforcement of the laws of this state. Such assistant drug agents shall hold office at the pleasure of the Georgia State Board of Pharmacy." Section 7. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 26-4-72 and redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively, so that when so amended said subsection (a) shall read as fol lows: "(a) No person shall be entitled to receive a license as a pharmacist unless he shall possess the following qualifications: {!)--Be a natural berat et naturalized citizen of the United States; 2} (1) Be at least the legal age of majority; {3} (2) Be a graduate of a generally recognized school or college of pharmacy, as the same may be defined by the board; {4} (3) Have such practical experience as may be prescribed by the board, pro vided, however, that any person who shall have been a student in a generally recog nized school or college of pharmacy prior to July 1, 1967, shall be required to have FRIDAY, MARCH 26, 1982 3293 only such practical experience as may have been required by law or the board prior to that date; {&} (4) Has successfully passed an examination administered by the board; and {} (5) Be a person of good moral character." Section 8. Said title is further amended by striking Code Section 26-4-77 and insert ing in its place a new Code Section 26-4-77 to read as follows: "26-4-77. Any student in, or who has been accepted for admission to, any generally recognized school or college of pharmacy2 and who has completed the prepharmacy requirements, may register with the board and7 tf fee shaH have completed the academic worit rccjuired wy sucti sciiooi or coiicuc,' witn trie exception of trie iflst WIPCC ycsrs of academic work, may be licensed as a pharmacy intern. Licenses issued under this Code section shall bear the date thereof and shall be valid for up to two years. Licenses which shall expire by lapse of time may be renewed upon application, unless at the time of expiration there shall be pending before the board proceedings to suspend or revoke such license. A pharmacy intern may compound, mix, or dispense drugs and medicines or poisons only under the immediate supervision of a pharmacist." Section 9. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 26-4-101 and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, so that when so amended said subsection (a) shall read as follows: "(a) No person shall be entitled to receive a pharmacy license unless he shall possess the following qualifications: {4}--Be a citizen ef the United States; {2} (1) Be of good moral character; and {3} (2) Have never been convicted of any felony or of any other crime of the United States, this state, or of any other state pertaining to the manufacturing, distri bution, sales, or dispensing of drugs or narcotics, or have never been found to have violated any rule or regulation of the board. No person shall have their license revoked, if a hearing officer does not give a report of recommendation within 60 days of a revocation hearing." PartS Section 10. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 11. All laws and parts of laws in conflict with this Act are repealed. Representative Parham of the 108th moved that the House adopt the report of the Committee of Conference on HB 1261. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams,J Y Adams.M Aiken Y Anderson Y Argo Y Auten Y Balkcom Bargeron Y Baugh Beal Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Bolster Y Branch Y Bray Brooks Y Buck Y Burruss Burton Y Byrd Cason Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Clark,B Y Clark.L Y Colbert Y Coleman Y Collins Colwell Connell Y Couch Cox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Y Davia.B Y Davis,J Y Davis.L Dean Dent Y Dixon Y Dobbs Dover Y Edwards Elliott Y Evans Felton Y Fortune Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer Y Ham Y Hamilton Y Banner Y Harris Y Harrison Y Hasty Hawkrns Y Hays Hill Y Holmes Y Hooks Home 3294 JOURNAL OF THE HOUSE, Hutchinson Y Irvin Ylsakson Y Jackson,J Y Jackson.N Y Jackson.W Jessup YJohnson.G Johnson,R YJones3 YJones,H YKarrh Y Kemp Kilgore Lambert YLane,D YLane,R Y Lawson Y Lee Y Logan Y Long Y Lord Y Lowe Y Lucas Mangum Mann Marcus Martin Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson Y Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Peters Y Phillips,B Phillips,L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Rainey Y Ralston Y Ramsey Y Randall Y Reaves Richardson Y Robinson On the motion, the ayes were 117, nays 1. The motion prevailed. Y Rose Y Boss Y Rowland Y Russell Savage Scott,A Scott.D Y Shepard Y Sherrod Y Sizemore N Smith,T Smith.V Smyre Y Snow Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett Tuten Twiggs Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Wall Ware Y Watson White Widener Y Williams,B.J Williams.H Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 602. By: Senators Dean of the 31st, McKenzie of the 14th and Bell of the 5th: A BILL to amend Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relat ing to standards and requirements for the construction and alteration of build ings and other structures, so as to provide for the certification of industrialized buildings and for the establishment of uniform health and safety standards and inspection procedures for industrialized buildings; and for other purposes. The following amendment was read and adopted: The Committee on Industry moves to amend SB 602 by inserting before the period on line 28 of page 2 the following: "and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams,M Aiken Y Anderson Y Argo Y Auten Y Balkcom Y Bargeron YBaugh Beal Y Beck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Branch Y Bray Brooks Y Buck Bumiss Y Burton Y Byrd Y Cason YCastleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Childs Clark,B Y Clark,L Colbert Y Coleman Collins Y Colwell Connell Couch Y Cox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis,B Davis,J Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Edwards Elliott Y Evans Felton Y Fortune Y Foster Y Fuller.C Y Galer Ginsberg Glover Y Godbee Y Greer Y Ham Y Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins Y Hays Y Hill Y Holmes Y Hooks Home FRIDAY, MARCH 26, 1982 3295 Hutchinson Irvin Y Isakson Y JacksonJ Y Jackson.N Y Jackson,W Jessup Johnson.G Y Johnson.R Y Jones.B YJones.H Y Karrh Y Kemp Y Kilgore Lambert Y Lane.D Y Lane,R Y Lawson YLee Y Logan Y Long Y Lord Y Lowe Lucas Y Mangum Mann Y Marcus Martin Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Moore Mostiler Y Mullinax Y Nicholson Y Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B N Phillips,L.L Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson Y Rose Y Ross Y Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith, V Y Smyre Y Snow Steinberg Y Swann Thomas Y Thompson Y Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Y Walker Wall Ware Y Watson White Widener Y Williams.B.J Williams.H Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, as amended, the ayes were 124, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1285. By: Representative Ramsey of the 3rd: A BILL to amend Code Section 24A-3503, relating to children's fingerprints and photographs, so as to provide that fingerprints of a child 13 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the com mission of certain crimes; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following report of the Committee of Conference on HB 1285 was read: CONFERENCE COMMITTEE REPORT ON HB 1285 The Conference Committee on HB 1285 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1285 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Floyd Hudgins Senator, 15th District /s/Honorable Wayne Garner Senator, 30th District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Tom Ramsey Representative, 3rd District /s/Honorable Luther S. Colbert Representative, 23rd District /s/Honorable J. Nathan Deal Senator, 49th District /s/Honorable Charles P. Rose Representative, 93rd District A BILL To amend Code Section 24A-3503, relating to children's fingerprints and photographs, as amended, so as to provide that fingerprints of a child 13 or 14 years of age who is referred to the court may be taken and filed by law enforcement officers in investigating 3296 JOURNAL OF THE HOUSE, the commission of certain crimes; to provide that fingerprints of a child 15 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the commission of certain crimes; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of cer tain provisions of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Parti Section 1. Code Section 24A-3503, relating to children's fingerprints and photo graphs, as amended, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) No child under 13 years of age shall be fingerprinted in the investigation of a crime except as provided in this Section. Fingerprints of a child 13 or mere 14 years of age who is referred to the court may be taken and filed by law enforcement officers and fingerprints of a child 15 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the commission of the following crimes: murder, non-negligent manslaughter voluntary manslaughter, involun tary manslaughter, forcible rape, robbery, armed robbery, aggravated assault, aggravated battery, burglary, houscbrcaking, parse snatching, and automobile motor vehicle theft (Code Section 26-1813)." Part 2 Section 2. Code Section 15-11-60 of the Official Code of Georgia Annotated, relating to children's fingerprints and photographs, records of same, and the publication of names and pictures of children, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) No child under 13 years of age shall be fingerprinted in the investigation of a crime except as provided in this Code section. Fingerprints of a child 13 or mere 14 years of age who is referred to the court may be taken and filed by law enforcement officers and fingerprints of a child 15 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the commission of the crimes of murder, nonncgligcnt manslaughter voluntary manslaughter, involuntary manslaughter, forcible rape, robbery, armed robbery, aggravated assault, aggravated bat tery, burglary, houacbrcaking, pwse snatching, and automobile motor vehicle theft (Code Section 16-8-17)." Parts Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Ramsey of the 3rd moved that the House adopt the report of the Com mittee of Conference on HB 1285. On the motion, the roll call was ordered and the vote was as follows: N Aaron Y Adams,G YAdams,J Y Adams.M Y Aiken YAnderson Y Argo Y Auten N Balkcom Y Bargeron Y Baugh Beal Y Beck Y Benefield Benn Birdsong Y Bishop Y Bolster Y Branch Y Bray Brooks Y Buck Y Burruss Y Burton Y Byrd Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Colbert Coleman Y Collins Colwell Connell FRIDAY, MARCH 26, 1982 Couch Cox Y Cravrford Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis.B Y Davis,J Davis.L Dean Dent Y Dixon N Dobbs Y Dover Y Edwards Eiliott N Evans Y Felton Fortune Y Foster Fuller.C YGaler Ginsberg Glover Y Godbee Y Greer YHam Hamilton Y Hanner Y Harris Harrison Y Hasty Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson Irvin Isakson Y Jackson,J Y Jackson.N Y Jackson, W Jessup Y Johnson,G Johnson,R N Jones,B Y Jones,H NKarrh YKemp Y Kilgore Lambert Y Lane.D Y Lane,R Y Lawson YLee Y Logan Y Long YLord YLowe Y Lucas Mangum Mann Y Marcus Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Mos tiler Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips,L.L Phillips,R.T N Phillips.W.R Y Pilewicz Y Pinkston Y Rainey N Ralston Y Ramsey N Randall Y Reaves Richardson Y Robinson YRose YRoss N Rowland Y Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V On the motion, the ayes were 113, nays 11. The motion prevailed. 3297 Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett Y Tuten N Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Wall Ware Y Watson White Widener Y Williams,B.J Williams ,H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 599. By: Senator Broun of the 46th: A BILL to amend Code Section 68B-307, relating to the authority of the Department of Public Safety, to suspend or revoke licenses, so as to require the Department of Public Safety to deduct any points assessed against an individual under certain circumstances; to amend the Offi cial Code of Georgia Annotated accordingly; and for other purposes. The following amendment was read and adopted: The Committee on Motor Vehicles moves to amend SB 599 by adding on line 5 of page 1 after the following: "individual", the following: "and to remove the uniform traffic citation issued therefor from the records of the individual". By adding on line 28 of page 2 and on line 11 of page 4 after the following: "court", the following: "and the uniform traffic citation issued therefor shall be removed from the individual's record". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. 3298 JOURNAL OF THE HOUSE, On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adam8,G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Balkcom Y Bargeron Y Baugh Beal Beck Y Benefield YBenn Birdsong Bishop Y Bolster Y Branch Bray Brooks YBuck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Clark,L Y Colbert Coleman Y Collins Colwell Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Y Davis.B Davis,J Y Davis,L Dean Dent Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Felton Y Fortune Y Foster Fuller.C Galer Y Ginsberg Glover YGodbee YGreer Ham Y Hamilton Hanner Y Harris Y Harrison Hasty Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson,N Y Jackson,W Jessup Y Johnson,G Y JohnsonrR Jones,B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane,D Y Lane,R Y Lawson YLee Y Logan YLong YLord YLowe Lucas Y Mangum Mann Y Marcus Martin Y Matthews Y McCollum Y McDonald McKinney Miles Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham N Patten Y Perry Y Peters Phillips.B Y Phillips,L.L Y Phillips.RT Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston YRamsey Randall Y Reaves Y Richardson Y Robinson Rose YRoss Y Rowland Y Russell Savage Scott.A Scott.D Y Shepard Y Sherrod Y Sizemore Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplett Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson Y White Y Widener Y Williams.B.J Williams,H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, as amended, the ayes were 126, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon: SB 693. By: Senator Sutton of the 9th: A BILL to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of pub lic records, so as to provide for certain penalties; to provide for certain actions in the superior courts; and for other purposes. The following report of the Committee of Conference on SB 693 was read: CONFERENCE COMMITTEE REPORT ON SB 693 The Conference Committee on SB 693 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 693 be adopted. Respectfully submitted, FRIDAY, MARCH 26, 1982 3299 FOR THE SENATE: /s/Honorable Frank Eldridge, Jr. Senator, 7th District /s/Honorable Richard L. Greene Senator, 26th District /s/Honorable Franklin Sutton Senator, 9th District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Ward Edwards Representative, 110th District /s/Honorable Burl Davis Representative, 99th District /s/Honorable Benson Ham Representative, 80th District A BILL To amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Anno tated, relating to the inspection of public records, so as to provide the keeper of public records a reasonable amount of time within which to determine the appropriateness of inspection requests; to exclude certain documents from the coverage under the article; to provide for certain actions in the superior courts; to provide for certain fees and costs; to provide for certain penalties; to provide for other matters relative to the foregoing; to pro vide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Anno tated, relating to the inspection of public records, is amended by striking said Article 4 in its entirety and inserting in lieu thereof a new Article 4 to read as follows: "ARTICLE 4 50-18-70 . (a) All state, county, and municipal records, except those which by order of a court of this state or by law are prohibited from being open to inspection by the general public, shall be open for a personal inspection of any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this priv ilege to any citizen. (b) The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article. In no event shall this time exceed three business days. 50-18-71. In all cases where an interested member of the public has a right to inspect or take extracts or make copies from any public records, instruments, or documents, any such person shall have the right of access to the records, documents, or instruments for the purpose of making photographs of the same while in the possession, custody, and control of the lawful custodian thereof, or his authorized deputy. Such work shall be done under the supervision of the lawful custodian of the records, who shall have the right to adopt and enforce reasonable rules governing the work. The work shall be done in the room where the records, documents, or instruments are kept by law. While the work is in progress, the custodian may charge the person making the photographs of the records, documents, or instruments at a rate of compensation to be agreed upon by the person making the photographs and the custodian for his services or the services of a deputy in supervising the work. 50-18-72. (a) This article shall not be applicable to records that are specifically required by the federal government to be kept confidential or to medical records and similar files, the disclosure of which would be an invasion of personal privacy. All records of hospital authorities other than the foregoing shall be subject to this article. All state officers and employees shall have a privilege to refuse to disclose the identity of any person who has furnished medical or other similar information which has or will become incorporated into any medical or public health investigation, study, or report of the Department of Human Resources. The identity of such informant shall not be admissible in evidence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise. 3300 JOURNAL OF THE HOUSE, (b) This article shall not be applicable to any application submitted to or any perma nent records maintained by a judge of the probate court pursuant to Code Section 16-11-129, relating to licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsec tion shall not preclude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law. 50-18-73. The superior courts of this state shall have jurisdiction to entertain actions against persons or agencies having custody of records open to the public under this arti cle to enforce compliance with the provisions of this article. Such actions may be brought by any person, firm, corporation, or other entity. The court may award to the prevailing party reasonable attorney's fees and other litigation expenses reasonably incurred in bringing or defending the action to enforce compliance with this article, in addition to such other relief as may be granted by the court. 50-18-74. Any person who willfully refuses to provide access to public records as pro vided in Code Section 50-18-70 of this article or who refuses to allow the examination and copying of records as provided in Code Section 50-18-71 of this article shall be guilty of a misdemeanor." Section 2. This Act shall become effective November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Representative Davis of the 99th moved that the report of the Committee of Confer ence on SB 693 be adopted. 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 YArgo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield YBenn Birdsong Bishop Y Bolster Y Branch YBray Brooks YBuck Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark.L Y Colbert Coleman Collins Y Colwell Connell Couch YCox Y Crawford Crosby Culpepper Y Cummings Y Darden Y Daugherty Y Davis,B Y Davis,J Y Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Edwards Elliott Y Evans Y Felton Y Fortune Foster Fuller.C Y Galer Ginsberg Glover Y Godbee Greer YHam Y Hamilton Y Hanner Y Harris Harrison Y Hasty Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson Y Irvin Isakson Y Jackson,J Jackson.N Y Jackson.W Jessup Y Johnson.G Johnson,R Y Jones.B Y Jones,H N Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Lucas Mangum Mann Y Marcus Y Martin On the motion, the ayes were 127, nays 2. The motion prevailed. Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNis Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips.B Y Phillips,L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson Rose Ross Y Rowland Y Russell Savage N Scott.A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson White Y Widener Y Williams.BJ Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy FRIDAY, MARCH 26, 1982 3301 The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 94. By: Representatives Snow of the 1st, Pilewicz of the 41st, Walker of the 115th, Tuten of the 153rd, Lawson of the 9th, and others: A BILL to amend an Act providing for investigations and reports in certain child custody cases, so as to provide that the court in its discretion may order such reports and investiga tions in any child custody cases; and for other purposes. HB 1847. By: Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th, Chance of the 129th and Lambert of the 112th: A BILL to provide the compen sation of judges of certain courts of limited jurisdiction; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The Senate has disagreed to the House amendment to the following Bill of the Senate: SB 774. By: Senator Walker of the 19th: A BILL to reincorporate the City of Helena, Georgia, and to grant a new charter to the said City; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the House, favorably reported by the Committee on Rules, was read: HR 832. By: Representative Hill of the 127th: A RESOLUTION Creating the House Custody of Suspended Students Study Committee; and for other purposes. WHEREAS, discipline in the public schools of this state is of the utmost importance to the State of Georgia and its people; and WHEREAS, serious concerns have been expressed that the suspension of public school students may impair rather than promote discipline if no supervision of suspended stu dents is provided; and WHEREAS, it is incumbent upon this body to determine what form of supervision and control of suspended students, if any, should be statutorily required. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the House Custody of Suspended Students Study Committee to be composed of six members of the House of Representatives appointed by the Speaker of the House. The chairman of the committee shall be appointed by the Speaker of the House. BE IT FURTHER RESOLVED that the committee shall undertake a study of what form of supervision and control of suspended public school students, if any, should be statutorily required. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolu tion. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than 3302 JOURNAL OF THE HOUSE, ten days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, no later than December 1, 1982, at which time the committee shall stand abolished. The following amendment was read and adopted: The Committee on Rules moves to amend HR 832 as follows: By striking the word "six" where it appears at the end of line 15 on page 1 and insert ing in lieu thereof the word "five". By striking the word "ten" where it appears in line 4 on page 2 and inserting in lieu thereof the word "five". On the adoption of the Resolution, as amended, 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 YArgo Y Auten Y Balkcom Y Bargeron YBaugh Seal YBeck Y Benefield YBenn Birdsong Bishop Y Bolster N Branch YBray Brooks YBuck Y Burruss Y Burton YByrd YCason Castleberry N Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark.L Y Colbert Coleman Collins Colwell Connell Couch YCox Y Crawford Y Crosby Cul pepper Y Cummings Y Darden Y Daugherty Y Davis.B Y Davis,J Y Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Foster N Fuller.C N Galer Y Ginsberg Glover N Godbee Greer YHam Y Hamilton Y Hanner Y Harris Harrison Hasty Y Hawkins YHays YHill Y Holmes N Hooks Home Hutchinson Ylrvin Y Isakson Y Jackson,J Jackson.N Y Jackson, W Jessup Y Johnson ,G Johnson.R Jones.B Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane,D N Lane,R Y Lawson YLee YLogan YLong YLord YLowe Lucas Y Mangum YMann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery N Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips.R.T Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves N Richardson Y Robinson Rose Ross Rowland Y Russell Savage Y Scott,A Scott,D N Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker YWall Y Ware Y Watson Y White N Widener N Williams.B.J Williams.H Williams.R Y Wilson Y Wood,J Y WoodJ.T Y Workman Speaker Murphy On the adoption of the Resolution, as amended, the ayes were 123, nays 12. The Resolution, as amended, was adopted. Under the general order of business, established by the Committee on Rules, the fol lowing Bill and Resolution of the Senate were taken up for consideration and read the third time: SR 275. By: Senators Summers of the 53rd, Gillis of the 20th, Kidd of the 25th and others: A RESOLUTION calling upon the United States Congress to pass an amend ment to the United States Constitution which would require that the record of FRIDAY, MARCH 26, 1982 3303 all federal judges be reviewed every eight years and that they stand for reelection every eight years or, in the alternative, calling upon the United States Con gress to call a constitutional convention for the purpose of proposing such an amendment; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom Y Bargeron Y Baugh Seal YBeck Y Benefield NBenn Y Birdsong Bishop N Bolster Y Branch YBray Brooks YBuck Burruss Y Burton YByrd Cason Y Castleberry Y Chamberlin N Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Clark.L Colbert Coleman Y Collins Y Colwell Connell Couch YCoi Y Crawford Y Crosby Culpepper Y Cummings Y Darden Y Daugherty Y Davis,B Y Davis,J Davis.L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster N Fuller.C N Galer Y Ginsberg Glover YGodbee Y Greer YHam Hamilton Y Hanner Harris Harrison Y Hasty N Hawkins YHays Hill N Holmes Y Hooks Home Hutchinson NIrvin Y Isakson Y Jackson,J Y Jackson,N Y Jackson, W Jessup Johnson.G Y Johnson,R Y Jones,B Y Jones.H Karrh Kemp Y Kilgore Lambert Y Lane.D Y Lane,R Y Lawson YLee YLogan YLong YLord YLowe Lucas Y Mangum Mann Marcus Y Martin Matthews Y McCollum Y McDonald McKinney Miles Milford Y Montgomery Y Moody Moore Y Mostiler Y Mullinax Y Nicholson YNbt Y Oliver Y Padgett Parham Y Patten Y Perry Y Peters N Phillips,B Y Phillips,L.L Y Phillips.R.T Y Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Rarasey NRandall Y Reaves N Richardson Y Robinson NRose YRoss Rowland Y Russell Savage N Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow N Steinberg N Swann Thomas Y Thompson N Townsend Y Triplett Tuten Y Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson N White Y Widener Y Williams.BJ Williams.H Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, the ayes were 113, nays 17. The Resolution, having received the requisite constitutional majority, was adopted. Representative Ginsberg of the 122nd stated that he had inadvertently voted aye on the passage of SR 275, but intended to vote "nay" thereon. SB 511. By: Senators Garner of the 30th, Hill of the 29th, Cobb of the 28th and Barnes of the 33rd: A BILL to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to make it unlawful knowingly to publish the name of a person under the age of 17 who has been or may have been the victim of a crime which constitutes a felony without the written consent of a parent or legal guardian; and for other purposes. The following substitute, offered by Representatives Williams of the 6th, Johnson and Thomas of the 66th, and Baugh of the 108th, was read and adopted: 3304 JOURNAL OF THE HOUSE, A BILL To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to make it unlawful knowingly to publish or broadcast the name or identity of a person under the age of 17 years who has been or may have been the victim of a crime which constitutes a felony without the written consent of a parent or the legal guardian of such person; to provide a penalty; to prohibit the sale, distribution, or display of certain material to minors; to provide legislative intent; to provide definitions; to make it unlawful to sell, distribute, or display certain material to minors; to prohibit certain con duct relative to the foregoing; to make it unlawful for certain persons falsely to represent their age; to provide for penalties; to provide exceptions; to provide for other matters rela tive to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding between Code Section 16-11-68 and Code Section 16-11-69 a new Code Section 16-11-68.1 to read as follows: "16-11-68.1. (a) It shall be unlawful for any news media or any other person know ingly to print and publish, broadcast, televise, or disseminate through any other medium of public dissemination or cause to be printed and published, broadcast, televised, or disseminated in any newspaper, magazine, periodical, or other publication published in this state or through any radio or television broadcast originating in the state the name or identity of any person under the age of 17 years who has been or may have been the victim of a crime which constitutes a felony without the written consent of a parent or the legal guardian of such person. (b) Any person violating the provisions of this Code section shall be guilty of a mis demeanor." Section 2. Said title is further amended by striking Code Section 16-11-69 in its entirety and inserting in lieu thereof a new Code Section 16-11-69 to read as follows: "16-11-69. Any With the exception of Code Section 16-11-68.1, any person violating any of the provisions of this part shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or a fine not to exceed $10,000.00, or both." Section 3. Said title is further amended by striking Part 3 of Article 3 of Chapter 12 of said title in its entirety and inserting in lieu thereof a new Part 3 to read as follows: "Part 3 16-12-101. During the past several years the sale or display of harmful materials to minors has become a matter of increasingly grave concern to the people of this state. The elimination of such sales and display and the consequent protection of minors from harmful materials are in the best interest of the morals and general welfare of the citi zens of this state in general and of minors in this state in particular. The accomplish ment of these ends can best be achieved by providing public prosecutors with an effective power to commence criminal proceedings against persons who engage in the sale or display of harmful materials to minors. 16-12-102. As used in this part, the term: (1) 'Harmful to minors' means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it: (A) Taken as a whole, predominantly appeals to the prurient, shameful, or mor bid interest of minors; (B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (C) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors. FRIDAY, MARCH 26, 1982 3305 (2) 'Knowingly' means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both: (A) The character and content of any material described in this article which is reasonably susceptible to examination by the defendant; and (B) The age of the minor; provided, however, that an honest mistake shall con stitute an excuse from liability in this article if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor. (3) 'Minor' means a person less than 18 years of age. (4) 'Sadomasochistic abuse' means actual or simulated flagellation or torture by or upon a person who is nude, clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained by one so clothed. (5) 'Sexual conduct' means actual or simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks or, if such be female, breasts. (6) 'Sexual excitement' means the condition of human male or female genitals when in a state of sexual stimulation or arousal. (7) 'Sexually explicit nudity' means a state of undress so as to expose the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any por tion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state. 16-12-103. (a) It shall be unlawful for any person knowingly to sell or loan for mon etary consideration to a minor: (1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harm ful to minors; or (2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors. (b) It shall be unlawful for any person knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show, or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors or to exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by minors not admitted to any such premises. (c) It shall be unlawful for any minor falsely to represent to any person mentioned in subsection (a) or subsection (b) of this Code section or to his agent that such minor is 18 years of age or older with the intent to procure any material set forth in subsection (a) or with the intent to procure such minor's admission to any motion picture, show, or other presentation, as set forth in subsection (b). (d) It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection (a) or subsection (b) of this Code section or to his agent that he is the parent or guardian of any minor or that any minor is 18 years of age or older with the intent to procure any material set forth in subsection (a) of this Code section or with the intent to procure such minor's admission to any motion picture, show, or other presentation, as set forth in subsection (b) of this Code section. (e) It shall be unlawful for any person knowingly to exhibit, expose, or display in public at newsstands or any other business or commercial establishment or at any other public place frequented by minors or where minors are or may be invited as part of the general public: (1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts 3306 JOURNAL OF THE HOUSE, sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harm ful to minors; or (2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors. 16-12-104. (a) Any person violating subsection (a), (b), or (e) of Code Section 16-12-103 shall be guilty of a misdemeanor of a high and aggravated nature, (b) Any person violating subsection (c) or (d) of Code Section 16-12-103 shall be guilty of a misdemeanor. 16-12-105. Nothing contained in this part shall be construed to apply to: (1) The purchase, distribution, exhibition, or loan of any work of art, book, maga zine, or other printed or manuscript material by any accredited museum, library, school, or institution of higher learning; or (2) The exhibition or performance of any play, drama, tableau, or motion picture by any accredited museum, library, school, or institution of higher learning." Section 4. This Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y AdamsJ Adams,M Y Aiken Y Anderson YArgo YAuten Y Balkcom Y Bargeron Baugh Bed Beck Y Benefield NBenn Y Birdsong Bishop N Bolster Y Branch YBray Brooks YBuck Y BurruBS Y Burton YByrd YCason Y Castleberry Y Chamberlin N Chambless Chance Y Cheeks Y Childers Y ChUds Clark,B Y Clark,L Y Colbert Coleman Collins Y Colwell Connell Couch YCox Y Crawford Y Crosby N Culpepper Y Cummings Y Darden N Daugherty Davis,B Y DavisJ Y Davis.L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster N Fuller.C NGaler N Ginsberg Glover Y Godbee Greer YHam Hamilton Y Banner Y Harris Y Harrison Y Hasty N Hawkins YHays Hill N Holmes Y Hooks Home Hutchinson Ylrvin YIsakson Y Jackson ,J Jackson,N Y Jackson.W Jessup Y Johnson.G Johnson,R Jones.B Y Jones,H YKarrh YKemp Y Kilgore Lambert Y Lane,D Y Lane,R Y Lawson YLee Y Logan YLong YLord YLowe Lucas Y Mangum Mann N Marcus Y Martin Matthews N McCollum McDonald McKinney Miles Y Milford N Montgomery Y Moody Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips.L.L Y Phillips,RT Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson NRose YRoss Rowland Y Russell Savage Scott,A Scott,D Y Shepard N Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow N Steinberg N Swann Y Thomas Y 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 White Y Widener Y Williams,B.J Williams.H Williams.R Y Wilson Wood,J Y Wood,J.T N Workman Speaker Murphy On the passage of the Bill, by substitute, the ayes were 113, nays 18. FRIDAY, MARCH 26, 1982 3307 The Bill, having received the requisite constitutional majority, was passed, by substi tute. The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto: HB 1918. By: Representatives Pinkston of the 100th, Davis of the 99th, Birdsong of the 103rd and Home of the 104th: A BILL to amend an Act establishing the board of public education and orphanage of Bibb County, so as to change the compo sition of the Education Districts from which members of the board are elected; and for other purposes. The following Senate amendment was read: Amend HB 1918 by striking all matter on lines 14 through 17 of page 5 and inserting in lieu thereof the following: '"( ) YES Shall the boundaries of the districts for the election of members of the Board of Public Education and Orphanage for Bibb County be adjusted ( ) NO to reflect population changes reported in the 1980 census?'" By renumbering Section 3 as Section 4 and adding a new Section 3 to read as follows: "Section 3. The election required by Section 2 of this Act shall not be held if the enforcement of the provisions of this Act would on October 1, 1982, be prohibited under the federal Voting Rights Act of 1965." Representative Pinkston of the 100th moved that the House agree to the Senate amendment to HB 1918. On the motion, the ayes were 103, nays 0. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 500. By: Senator Howard of the 42nd: A BILL to amend Code Chapter 88-1, relating to the Department of Human Resources, so as to authorize variances, waivers, and exemptions from certain rules and regulations of the department under cer tain conditions; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams,M Y Aiken Y Andersen Y Argo Y Auten Balkcom Y Bargeron Y Baugh Y Beal Y Beck Y Benefield Y Benn Birdsong Y Bishop Y Bolster Y Branch Y Bray Brooks Y Buck Y Burruss Y Burton Y Byrd Y Cason Y Castleberry Y Chamberlin Y Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Coleman Collins Y Colwell Connell Y Couch Y Cox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Davis.B Y Davis,J Y Davis,L Dean Dent Y Dixon Y Dobbs 3308 JOURNAL OF THE HOUSE, Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover Y Godbee Greer YHam Hamilton Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Hooks Home Hutohinson Y Irvin Y Isakson Y Jackson^J Jackson,N Y Jackson.W Jessup Y Johnson.G Y Johnson.R Jones, B Y Jones,H YKarrh YKemp Y Kilgore Lambert Y Lane.D Y Lane,R Y Lawson YLee Y Logan YLong YLord YLowe Lucas Y Mangum Mann Y Marcus Y Martin Matthews Y McCollum McDonald McKinney Miles Y Milford Y Montgomery Y Moody Moore Mostiler Mullinax Y Nicholson Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Peters Y Phillips.B Y Phillips,L.L Phillips,R.T N Phillips,W.R Y Pilewicz Pinkston Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson Rose Ross Rowland Y Russell Savage Y Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Swann Thomas Y Thompson Y Townsend Y Triplett YTuten Y Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Y Walker Wall Ware Y Watson White Y Widener Y Williams,B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 124, nays 1. The Bill, having received the requisite constitutional majority, was SB 485. By: Senator Barnes of the 33rd: A BILL to amend an Act creating the Board of Polygraph Examiners, so as to continue the board and the laws relating to the board until certain dates; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten N Balkcom Y Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Coleman Collins Y Colwell Connell Y Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis,B Y Davis,J Y Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill Holmes Y Hooks Home Hutchinson Y Irvin Y Isakson Y Jackson.J Jackson.N Jackson.W Jessup Johnson,G Y Johnson.R Jones.B Y Jones,H N Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane,R Y Lawson YLee Y Logan YLong YLord YLowe Y Lucas Y Mangum YMann Marcus Y Martin Matthews Y McCollum McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips,L.L Phillips.R.T N Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson YRose Ross Rowland N Russell Savage Scott,A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Swann Thomas Y Thompson Townsend Y Triplett FRIDAY, MARCH 26, 1982 3309 YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Wall Ware Y Watson White Y Widener Williams.B.J Williams,H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 121, nays 4. The Bill, having received the requisite constitutional majority, was passed. SB 713. By: Senators Gillis of the 20th, Robinson of the 27th, Cobb of the 28th and McGill of the 24th: A BILL to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for certain transactions, agree ments, and relationships involving tractors, farm equipment and implements, or parts; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson YArgo Y Auten Y Balkcom Y Bargeron Y Baugh Beal Beck Y Benefield YBenn Y Birdsong Bishop Bolster Y Branch Bray Brooks YBuck Y Burruss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Y Colbert Coleman Collins Colwell Connell Y Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Y Daugherty Y Davis.B Davis,J Y Davis.L Dean Dent Y Dixon YDobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover Y Godbee Greer YHam Hamilton Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson Y Irvin Y Isakson Y Jackson.J Y Jackson.N Jackson.W Jessup Y Johnson.G Y Johnson.R Y Jones,B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Lucas Y Mangum YMann Marcus Y Martin Y Matthews Y McCollum McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Phillips,L.L Y Phillips.R.T Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Y Randall Y Reaves Y Richardson Robinson YRose YRoss Y Rowland Y Russell On the passage of the Bill, the ayes were 131, nays 0. The Bill, having received the requisite constitutional majority, was Savage Y Scott.A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Y Smyre YSnow Y Steinberg Swann Thomas Y Thompson Townsend Y Triplett Y Tuten Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker YWall Ware Y Watson Y White Y Widener Y Williams.B.J Williams.H Williams,R Y Wilson 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 adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House: 3310 JOURNAL OF THE HOUSE, HB 1435. By: Representatives Parham of the 109th and Baugh of the 108th: A BILL to amend Code Title 79A, relating to the manufacture, production, distribution, and use of drugs, medicines, poisons, so as to amend the list of dangerous drugs; to amend the exemptions from the list of dangerous drugs; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The President has appointed on the part of the Senate the following: Senators Gillis of the 20th, Howard of the 42nd and Kidd of the 25th. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 78. By: Senator Barnes of the 33rd: A BILL to amend an Act known as the "Act Cre ating the Superior Court Judges Retirement System," so as to change the provi sions relative to definitions; to provide for the inclusion of certain prior public service as creditable service under certain conditions; and for other purposes. The following Committee substitute was read: A BILL To amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the Superior Court Judges Retirement System, so as to change the provisions relative to employer contributions; to change the provisions relative to senior judges; to change the provisions relative to benefits; to change the provisions relative to spouses benefits; to pro vide that members may elect to become eligible for certain postretirement benefit adjust ments; to authorize, but not require, counties to supplement benefits; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the Superior Court Judges Retirement System, is amended by striking subsection (a) of Code Section 47-9-42 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) The basis for employee contributions to the fund shall be the salaries from state funds provided by law for judges of the superior courts. The Department of Administra tive Services is authorized and directed to deduct 7 Vz percent monthly from the salary of each judge of the superior courts who is a member of the retirement system to cover the employee contributions to the fund. The Department of Administrative Services is also authorized to make an additional deduction from such salaries to cover any required employee tax for social security coverage. The Department of Administrative Services is authorized and directed to pay, from the funds appropriated or otherwise available for the operation of the superior courts of the state, any required employer contribution for social security coverage on such judges. From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is autho rized and directed to pay into the fund the employer contributions, including contribu tions to fund any creditable service authorized by this chapter, which, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits and the spouses benefits under this chapter." Section 2. Said chapter is further amended by striking subsection (a) of Code Sec tion 47-9-60, which reads as follows: "(a) There is created the office of senior judge of the superior courts; and any judge of the superior courts who retires pursuant to this chapter shall be a senior judge of the FRIDAY, MARCH 26, 1982 3311 superior courts beginning on the effective date of his retirement. Any senior judge of the superior courts, while receiving retirement or disability pay, shall not be eligible for elec tion or appointment to any other office in this state; and such senior judges may not practice law while receiving such retirement or disability pay. If a former superior court judge who was a member of this retirement fund ceased to hold office as a superior court judge prior to attaining early retirement age, such former superior court judge shall be a senior judge effective on July 1, 1981, notwithstanding the age of such former superior court judge on such date if such former superior court judge had 16 years of creditable service under this chapter at the time of ceasing to hold office as a superior court judge. No such senior judge shall be eligible to receive retirement benefits under this chapter until such time as such senior judge attains early retirement age.", in its entirety and substituting in lieu thereof new subsections (a) and (b) to read as fol lows: "(a) The office of senior judge of the superior courts is created, and judges of the superior courts or former judges of the superior courts may become senior judges as fol lows: (1) Any judge of the superior courts who retires pursuant to this chapter may become a senior judge beginning on the effective date of the judge's retirement; (2) Any former judge of the superior courts who was a member of the retirement fund created by this chapter and who ceased holding office as a superior court judge prior to attaining early retirement age and who had 16 years of creditable service under this chapter at the time of ceasing to hold office as a superior court judge may become a senior judge, but no such senior judge shall be eligible to receive retirement benefits under this chapter until such senior judge attains early retirement age; and (3) Any judge of the superior courts, whether or not said judge is a member of the retirement system created by this chapter, who ceases holding office as a judge of the superior courts and who has at least ten years of service as a judge of the superior courts at the time of ceasing to hold office and who is not eligible for appointment to the office of senior judge under any other law of this state may become a senior judge, but no such senior judge shall receive retirement benefits under this chapter unless such judge was a member of the retirement system created by this chapter and, in that event, such senior judge may not receive retirement benefits under this chapter until attaining early retirement age. (b) No senior judge of the superior courts shall be eligible for election or appoint ment to any other office of this state and may not practice law. Any judge of the supe rior courts who ceases to hold office and who would be eligible for appointment as senior judge under any provision of this Code section may decline such appointment and prac tice law or accept appointment or election to other office. No such former judge who declines such appointment shall be eligible to receive any benefits under this chapter until such former judge accepts appointment as senior judge and attains early retirement age, if not eligible for retirement at the time of accepting appointment as senior judge. Any such former judge who has declined appointment as senior judge may at any time accept appointment as senior judge, but at the time of accepting such appointment, the former judge must cease practicing law and resign from any other office, if holding another office at the time of accepting such appointment. Any former superior court judge who is eligible therefor may become a senior judge at any time by making applica tion to the Governor for appointment as a senior judge." Section 3. Said chapter is further amended by striking subsection (b) of Code Sec tion 47-9-60 in its entirety and substituting in lieu thereof a new subsection to be desig nated subsection (c) to read as follows: "{b} (c) Senior judges may be called upon to serve as judges of the superior courts when the regular judge for some reason is unable to serve. Any such senior judge may be subject to designation and assignment, with his the senior judge's consent, either as an additional or substitute judge. Such senior judges shall be compensated, in addition to the retirement pay provided for in this chapter, when applicable, in the amount of $100.00 per day for such services. In addition to such compensation, such senior judges shall receive their actual expenses or, at the judge's option, the same per diem expense 3312 JOURNAL OF THE HOUSE, authorized by law for members of the General Assembly and shall receive mileage at the same rate as other state employees for such services. Such compensation, expenses, and mileage shall be paid from state funds appropriated or otherwise available for the opera tion of the superior courts, upon a certificate by the judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits2 when applicable, of such judge." Section 4. Said chapter is further amended by redesignating subsection (c) of Code Section 47-9-70 as subsection (d) thereof and by striking subsection (b) of Code Section 47-9-70, which reads as follows: "(b) The maximum retirement benefits shall be based on 16 years of creditable ser vice and the attainment of age 65. After completing such years of service and upon attaining age 65, a judge of the superior courts shall be entitled to retire and receive a monthly retirement benefit equal to two-thirds of the monthly state salary being paid to superior court judges (1) at the time of retirement, for a judge with less than 16 years of creditable service, or (2) at the time of completion of 16 years of creditable service, for a judge with 16 or more years of creditable service. After obtaining 16 years of cred itable service, a member shall cease making employee contributions to the fund.", in its entirety and substituting in lieu thereof new subsections (b) and (c) to read as fol lows: "(b) The right of a member to receive benefits under this chapter shall vest after the member obtains ten years of creditable service, but the maximum monthly retirement benefit under this chapter shall be two-thirds of the state salary paid to superior court judges at the time of retirement, except as otherwise provided by subsection (c) of this Code section, and such maximum benefit shall be based on obtaining 16 years of credit able service and the attainment of age 65. A member who has at least ten years of cred itable service but less than 16 and who is at least 60 years of age, but less than 65, may retire at a reduced benefit pursuant to Code Section 47-9-71 of this chapter. Any mem ber obtaining 16 years of creditable service on or after November 1, 1982, who continues to serve as a superior court judge shall continue to make employee contributions to the fund until the member's retirement. (c) Any former superior court judge receiving a retirement benefit on November 1, 1982, pursuant to this chapter who had more than 16 years of creditable service at the time of retirement and whose retirement benefit was computed on the basis of the state salary of superior court judges being paid at the time the member obtained 16 years of creditable service shall have the option of paying employee contributions, plus interest thereon at the rate of 6 percent per annum, for service rendered as a superior court judge from the time 16 years of creditable service was obtained until the time of retire ment, based on the state salary received by the former superior court judge at the time the service was rendered; and any such former judge exercising said option shall begin receiving a retirement benefit based on the state salary which was being paid to superior court judges at the time of the former judge's retirement. Any member serving as a superior court judge on November 1, 1982, who has more than 16 years of creditable ser vice and who ceased making contributions to the fund upon obtaining 16 years of credit able service shall have the option to receive, upon retirement, a retirement benefit based on the state salary paid to superior court judges at the time the member obtained 16 years of creditable service or of paying the employee contributions, plus interest thereon of the rate of 6 percent per annum, that would have been paid had the member contin ued to make employee contributions after obtaining 16 years of creditable service and employee contributions for continuing service as a superior court judge, in which event the member shall receive a retirement benefit based on the state salary paid to superior court judges at the time of retirement. The options provided for by this subsection may be exercised by sending written notice to the board of trustees and the payment of the additional employee contributions, plus interest thereon, required by this subsection upon receiving a certification from the board of trustees of the amount of such contribu tion and interest." FRIDAY, MARCH 26, 1982 3313 Section 5. Said chapter is further amended by striking Code Section 47-9-71 in its entirety and substituting in lieu thereof a new Code Section 47-9-71 to read as follows: "47-9-71. (a) In lieu of retirement at the maximum benefits provided by subsection (b) of Code Section 47-9-70, a member may retire at any time after attaining age 60 and after obtaining a minimum of ten years of creditable service. The monthly retirement benefit for such early retirement shall be a percentage of the maximum retirement bene fits provided by subsection (b) of Code Section 47-9-70. The percentage shall be the pro portion which the number of actual years of service as a superior court judge bears to 16. In no event shall the benefits under this subsection exceed 75 percent of the maxi mum retirement benefits provided in subsection (b) of Code Section 47-9-70. (b) For any judge of the superior courts becoming a member of this retirement sys tem on or after November lj 1982, and for any member of the retirement system in ser vice on November 1^ 1982, who benefits thereby, the monthly retirement benefit for early retirement shall be a percentage of the maximum benefit under subsection (b) of Code Section 47-9-70, and such percentage shall be the proportion which the number of years of actual service as a superior court judge bears to 16, but the benefit derived from such computation shall be reduced by one-fourth of 1 percent for each month less than 16 years of actual service as a superior court judge or by one-fourth of 1. percent for each month the member lacks being 65 years of age, whichever reduction is greater. Any member of the retirement system in service on November lj 1982, whose early retirement benefit is less under this subsection than under subsection (a) of this Code section shall be entitled to computation of early retirement benefits under said subsec tion (a). {b) (c) A member may retire pursuant to subsection (b) or (c} of Code Section 47-9-70 or pursuant to subsection (a) or (b) of this Code section by making written application to the board setting forth at what time, not less than 30 days nor more than 90 days subsequent to the filing of such application, he desires to be retired." Section 6. Said chapter is further amended by striking Code Section 47-9-72 in its entirety and substituting in lieu thereof a new Code Section 47-9-72 to read as follows: "47-9-72. After obtaining a minimum of four years of creditable service, any member who becomes totally and permanently disabled to the extent that he is unable to per form the duties of his office shall be entitled to receive a disability retirement benefit which shall be one-half of the maximum retirement benefits provided by subsection (b) of Code Section 47-9-70, unless the member would qualify for greater benefits under subsection (a) or (b) of Code Section 47-9-71, in which event that subsection would apply. The disability of any member applying for disability retirement benefits shall be determined by the board in the same manner and under the same procedure as disabil ity of state employees is determined in accordance with the applicable provisions of the Employees' Retirement System of Georgia. Disability retirement benefits shall become payable within 30 days after such disability is determined by the board." Section 7. Said chapter is further amended by adding at the end of Code Section 47-9-73 a new subsection (k) to read as follows: "(k) Any member of this retirement system who has elected or who hereafter elects spouses benefit coverage under this Code section or any superior court judge who has elected or who hereafter elects spouses benefit coverage under Code Section 47-9-74 of this chapter shall have the option to pay 2 % percent of the state salary paid to such judge for such coverage rather than 2 '/2 percent of the state salary paid to such judge as provided in subsection (a) of this Code section; and the surviving spouse of any mem ber or superior court judge exercising said option shall be entitled to receive the spouses benefit specified by subsection (b) of this Code section for life, rather than for life or until remarriage as provided by said subsection (b). A member or a superior court judge who has previously elected spouses benefit coverage under this Code section or Code Section 47-9-74 wishing to exercise the option provided for by this subsection shall be required to pay for all purposes under this Code section an additional one-fourth of 1 percent of the state salary, plus interest thereon at the rate of 6 percent per annum, paid to such judge as if this Code section had specified 2 % percent rather than 2 lh 3314 JOURNAL OF THE HOUSE, percent of the state salary paid to such judge at the time the member or superior court judge first obtained spouses benefit coverage. A member or a superior court judge who has previously elected spouses benefit coverage may exercise the option provided for by this subsection by sending written notice to the board of trustees and the payment of the additional employee contributions required by this subsection. Any member or supe rior court judge hereafter electing spouses benefit coverage who wishes to exercise the option provided for by this subsection shall send written notice to the board of trustees and shall pay 2 % percent of the state salary paid to such judge for all purposes under this Code section rather than 2 '/2 percent as specified by subsection (a) of this Code section." Section 8. Said chapter is further amended by adding immediately following Code Section 47-9-75 two new Code Sections 47-9-76 and 47-9-77 to read as follows: "47-9-76. (a) A member of the retirement system in office on November 1, 1982, may elect to pay an additional 1 percent employee contribution computed on the same basis as provided in subsection (a) of Code Section 47-9-42 and become eligible for postretirement cost-of-living benefit adjustments as provided in this Code section. Any such member must make the election on or before January 1, 1983. Any member failing to make the election by that date shall not at any time thereafter be subject to the pro visions of this Code section. Any person becoming a member of the retirement system after November 1, 1982, shall have 60 days from the date of becoming a member to elect to pay the additional 1 percent employee contribution and come under the provisions of this Code section. Any such member failing to make the election within such time limitation shall not at any time thereafter be subject to the provisions of this Code sec tion. The election to come under the provisions of this Code section may not be rescinded. The elections provided for in this subsection shall be made in writing to the board. (b) The board shall grant annual cost-of-living benefit adjustments to beneficiaries subject to this Code section. Such cost-of-living benefit adjustments, subject to the limi tations hereinafter provided, shall be in an amount necessary to maintain essentially the same purchasing power of a beneficiary during the postretirement years, based on the Consumer Price Index of the Bureau of Labor Statistics of the United States Depart ment of Labor for all items and major groups, United States city average. If actuarial studies and evaluations accomplished by the board reveal that the additional employee contribution provided for by this Code section is insufficient to fund fully cost-of-living benefit adjustments provided for above, then the board, for any annual cost-of-living adjustment, may reduce pro rata the adjustment otherwise required. 47-9-77. Whenever any county within a judicial circuit supplements the state salary paid to active superior court judges of said circuit, the governing authority of such county shall be authorized, but not required, to supplement the benefit being paid pur suant to this chapter to any former superior court judge of said circuit who is receiving benefits pursuant to this chapter or to supplement the benefit being paid pursuant to this chapter to any beneficiary of any such former superior court judge. The county sup plement to any such benefit may not exceed the percentage which the respective county salary supplement paid to active superior court judges of the circuit bears to the state salary of active superior court judges." Section 9. This Act shall become effective on November 1, 1982. Section 10. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representatives Triplett of the 128th, Scott of the 123rd, Phillips of the 125th and others move to amend the Committee substitute to SB 78 as follows: By inserting in line 3 on page 1 between the words "so as" and the word "to" the following: FRIDAY, MARCH 26, 1982 3315 "to provide for creditable service for prior service as an administrative law judge for the State Board of Workers' Compensation;". By renumbering Sections 1 through 10 as Sections 3 through 12, respectively, and by adding new Sections 1 and 2 to read as follows: "Section 1. Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the Superior Court Judges Retirement System, is amended by striking subparagraph (B) of paragraph (2) of Code Section 47-9-3 in its entirety and substituting in lieu thereof a new subparagraph (B) to read as follows: '(B) Creditable service obtained pursuant to subsections (c) through {e) (f) of Code Section 47-9-40; and'. Section 2. Said chapter is further amended by adding at the end of Code Section 47-9-40 a new subsection (f) to read as follows: '(f) Any member who served as an administrative law judge for the State Board of Workers' Compensation for a period beginning on July 1, 1974, and ending on June 5, 1979, and who became a superior court judge on June 6, 1979, shall be entitled to receive creditable service under this Act for the service specified above as an administra tive law judge for the State Board of Workers' Compensation upon the payment to the board of the employee contributions, plus interest thereon at the rate of 6 percent per annum, which would have been paid had the member been a superior court judge and a member of this retirement system during the period of time served as an administra tive law judge of the State Board of Workers' Compensation. A member wishing to claim creditable service under this subsection shall apply therefor to the board, and the board shall certify to the member the amount of employee contributions plus interest required to be paid by the member to obtain such creditable service.'" By striking from line 14 through line 16 of page 1 the following: "Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the Supe rior Court Judges Retirement System, is amended by striking subsection", and inserting in lieu thereof the following: "Said chapter is further amended by striking subsection". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Aaron N Adams.G Y Adams,J N Adams.M NAiken Y Anderson YArgo N Auten Balkcom Bargeron NBaugh Beal NBeck Y Benefield YBenn Y Birdsong Bishop N Bolster Y Branch Bray Brooks YBuck YBurruss N Burton NByrd Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L N Colbert Coleman Collins Y Colwell Connell Y Couch NCox N Crawford N Crosby Y Culpepper Y Cummings Y Darden Y Daugherty N Davis.B N Davis.J Y Davis,L Dean Dent Dixon NDobbs N Dover Y Edwards N Elliott Y Evans N Felton Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover NGodbee Y Greer YHam Hamilton Hanner Y Harris N Harrison Y Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson Ylrvin N Isakson Y Jackson,J N Jackson.N N Jackson, W Jessup Johnson,G Johnson,R Jones.B Y Jones,H Karrh YKemp Y Kilgore Y Lambert N Lane,D NLane.R Y Lawson YLee YLogan YLong Lord NLowe Y Lucas N Mangum Mann Y Marcus N Martin N Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody N Moore N Mostiler Y Mullinax N Nicholson NNix Y Oliver Y Padgett N Farham N Patten Y Perry Peters Y Phillips,B Phillips,L.L Phillips,R.T 3316 JOURNAL OF THE HOUSE, Y Phillips.W.R Y Pilewicz Pinkston N Rainey N Ralston N Ramsey Y Randall N Reaves N Richardson Y Robinson NRose Ross Rowland N Russell Savage Y Scott,A Scott,D N Shepard N Sherrod N Sizemore Y Smith.T Smith.V Y Smyre YSnow Y Steinberg Swann N Thomas Y Thompson N Townsend Y Triplett N Tuten Twiggs Y Vandiford Vaughn Y Veazey Waddle Y Walker N Wall Ware Y Watson On the adoption of the amendment, the ayes were 80, nays 53. The amendment was adopted. Y White N Widener N Williams.BJ Williams.H Williams.R Y Wilson Wood,J Y Wood,J.T N Workman Y Speaker Murphy The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams.J Y Adams.M N Aiken Y Anderson YArgo N Auten Y Balkcom Bargeron Y Baugh Beal YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Branch Bray Brooks YBuck Y Burruss N Burton YByrd Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks N Childers Y Childs Clark,B Y ClarkJL N Colbert Y Coleman Collins Y Colwell Connell Y Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Darden Y Daugherty Y Davis,B N Davis,J Y Davis,L Dean Dent Dixon N Dobbs N Dover Edwards Y Elliott Y Evans N Felton Fortune Y Foster Y Fuller.C Galer Y Ginsberg Glover YGodbee Y Greer YHam Hamilton Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson Irvin Y Isakson Y Jackson,J N Jackson.N Y Jackson, W Y Jessup Johnson,G Y Johnson,R Jones,B Y Jones,H YKarrh YKemp Y Kilgore Lambert Lane.D Y Lane,R Y Lawson YLee YLogan YLong Lord YLowe Y Lucas Y Mangum Mann Y Marcus N Martin Y Matthews McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett YParham Y Patten Y Perry Peters Y Phillips.B Phillips,L.L N Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Rainey N Ralston Y Ramsey Y Randall Y Reaves N Richardson Y Robinson NRose Ross Y Rowland N Russell Savage Y Scott,A Scott.D N Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V YSmyre YSnow Y Steinberg Swann Y Thomas Y Thompson Townsend Y Triplett Y Tuten Twiggs Y Vandiford Vaughn Y Veazey Waddle Y Walker N Wall Ware Y Watson Y White N Widener N Williams3.J Williams,H Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Y Speaker Murphy On the passage of the Bill, by substitute, as amended, the ayes were 110, nays 20. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto: HB 94. By: Representatives Snow of the 1st, Pilewicz of the 41st, Walker of the 115th, Tuten of the 153rd, Lawson of the 9th, and others: A BILL to amend an Act FRIDAY, MARCH 26, 1982 3317 providing for investigations and reports in certain child custody cases, so as to provide that the court in its discretion may order such reports and investiga tions in any child custody cases; and for other purposes. The following Senate substitute was read: A BILL To amend an Act providing for investigations and reports in certain child custody cases, approved March 25, 1980 (Ga. L. 1980, p. 1149), so as to provide that the court in its discretion may order such reports and investigations in any child custody case; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act providing for investigations and reports in certain child custody cases, approved March 25, 1980 (Ga. L. 1980, p. 1149), is amended by adding immediately after the first sentence of Section 1 the following: "In any action or proceeding involving determination of the award of child custody between parents of the child when during such proceedings a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child has been made the court shall also have authority on its own motion to order such an investigation if in the court's opinion the investigation would be useful in determing placement or custody of the child.", so that when so amended said Section 1 shall read as follows: "Section 1. On motion of either party in any action or proceeding involving determina tion of the award of child custody between parents of the child, when such motion con tains a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child, the court may direct the appropri ate family and children services agency or any other appropriate entity to investigate the home life and home environment of each of the parents. In any action or proceeding involving determination of the award of child custody between parents of the child when during such proceedings a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child has been made the court shall also have authority on its own motion to order such an investigation if in the court's opinion the investigation would be useful in determining placement or cus tody of the child. The court may also direct either party to pay to such agency the rea sonable cost, or any portion thereof, of such investigation. The report of such investigation will be made to the court directing the investigation. Provided, however, any report made at the direction of the court shall be made available to either or both parties for a reasonable period of time prior to the proceedings at which any temporary or permanent custody is to be determined. Provided, further, both parties shall have the right to confront and cross-examine the person or persons who conducted the investiga tion or compiled the report if adequate and legal notice is made." Part 2 Section 2. Code Section 19-9-4, relating to investigations in child custody cases, is amended by replacing subsection (a) with a new subsection to read as follows: "(a) On motion of either party in any action or proceeding involving determination of the award of child custody between parents of the child, when such motion contains a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child, the court may direct the appropriate family and children services agency or any other appropriate entity to investigate the home life and home environment of each of the parents. In any action or proceeding involving determination of the award of child custody between parents of the child when during 3318 JOURNAL OF THE HOUSE, such proceedings a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child has been made the court shall also have authority on its own motion to order such an investigation if in the court's opinion the investigation would be useful in determining placement or custody of the child. The court may also direct either party to pay to the agency the reasonable cost, or any portion thereof, of the investigation. The report of the investigation will be made to the court directing the investigation. Any report made at the direction of the court shall be made available to either or both parties for a reasonable period of time prior to the proceedings at which any temporary or permanent custody is to be deter mined. Both parties shall have the right to confront and cross-examine the person or persons who conducted the investigation or compiled the report if adequate and legal notice is given." PartS Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Snow of the 1st moved that the House agree to the Senate substitute to HB 94. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y AdamsJ Y Adams.M Y Aiken Y Anderson YArgo Auten Y Balkcom Y Bargeron YBaugh Beal YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Branch YBray Brooks YBuck YBurruss Y Burton YByrd YCason Y Castleberry N Chamberlin Y Chambless Chance Y Cheeks Y Childers YChilds CIark,B Y Clark.L Y Colbert Y Coleman Collins Y Colwell Connell Y Couch YCo* Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis.B Y DavisJ Y Davis,L Dean Dent Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover YGodbee Greer YHam Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson Ylrvin Y Isakson Y Jackson.J Y Jackson.N Y Jackson.W Y Jessup Johnson.G Y Johnson,R Jones,B Jones,H YKarrh YKemp Y Kilgore Y Lambert YLane,D Y Lane,R Y Lawson YLee YLogan YLong Lord YLowe Y Lucas Y Mangum Mann Y Marcus Y Martin On the motion, the ayes were 138, nays 1. The motion prevailed. Y Matthews McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips,L.L Phillips,R.T Y PhiIlips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Y Rarosey Y Randall Y Reaves Y Richardson Y Robinson YRose Ross Rowland Y Russell Savage Y Scott^A Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith,T Smith.V Smyre YSnow Y Steinberg Swann Thomas Y Thompson Y Townsend Y Triplett YTuten YTwiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker YWall Ware Y Watson Y White Y Widener Y Williams,B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy FRIDAY, MARCH 26, 1982 3319 Representative Kemp of the 139th arose to a point of personal privilege and addressed the House. Representative Nix of the 20th arose to a point of personal privilege and addressed the House. Representative Harrison of the 20th arose to a point of personal privilege and addressed the House. The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon: SB 506. By: Senator Land of the 16th: A BILL to amend Code Section 40-5-63 of the Offi cial Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to change the period of suspension in cases where a person in violation of Code Section 40-5-55 is the operator of a motor vehicle which is involved in an accident in which any person is killed; and for other purposes. The following report of the Committee of Conference on SB 506 was read: CONFERENCE COMMITTEE REPORT ON SB 506 The Conference Committee on SB 506 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 506 be adopted. Respectfully submitted, FOR THE SENATE: /s/HSoennaotroarb,le16TthedDJi.stLriacnt d /s/Honorable Pierre Howard Senator, 42nd District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Lauren McDonald, Jr. Representative, 12th District /s/Honorable Gary C. Cason Representative, 96th District /s/Honorable Lawrence Stumbaugh Senator, 55th District /s/Honorable Jerry D. Jackson Representative, 9th District A BILL To amend Code Section 68B-312, relating to periods of suspension of drivers' licenses, as amended, so as to change the period of suspension in cases where a person who has refused to submit to a test or tests provided for in Code Section 68B-306 has been charged with homicide by a vehicle as provided in Code Section 68A-903; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for auto matic repeal of certain provisions of this Act; to repeal conflicting laws; and for other pur poses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Parti Section 1. Code Section 68B-312, relating to periods of suspension of drivers' licenses, as amended, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) Any suspension made pursuant to Code Section 68B-306 of this title shall be for six months; provided, however, that, where a person who has refused to submit to 3320 JOURNAL OF THE HOUSE, a test or tests provided for in Code Section 68B-306 has been charged with homicide by a vehicle as provided in Code Section 68A-903, the suspension shall be for 12 months." Part 2 Section 2. Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) Any suspension made pursuant to Code Section 40-5-55 shall be for six monthsj provided, however, that, where a person who has refused to submit to a test or tests pro vided for in Code Section 40-5-55 has been charged with homicide by a vehicle as pro vided in Code Section 40-6-393, the suspension shall be for 12 months." Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Cason of the 96th moved that the House adopt the report of the Com mittee of Conference on SB 506. 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 Aiken Y Anderson YArgo Auten Balkcom Bargeron Y Baugh Beal Beck Y Benefield Benn Y Birdsong Y Bishop Bolster Y Branch Bray Y Brooks YBuck Y Bumiss Y Burton YByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Clark,L Y Colbert Y Coleman Collins Y Colwell Connell Couch Cox Y Crawford Crosby Y Culpepper Cummings Y Darden Daugherty Davis,B Y Davis,J Y Davis,L YDean Dent Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Fortune Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer Ham Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson Y Irvin Y Isakson Y Jackson ,J Y Jackson.N Y Jackson, W Y Jessup Johnson,G Y Johnson,R Y Jones,B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane,D Y Lane.R Y Lawson Lee Y Logan YLong Lord YLowe Y Lucas Y Mangum Mann Marcus Y Martin On the motion, the ayes were 126, nays 0. The motion prevailed. Y Matthews Y McCollum Y McDonald McKinney Miles Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips,L.L Y Phillips.R.T Y Phillips,W.R Y Pilewicz Y Pinkston Rainey Y Ralston Y Ramsey Randall Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Savage Y Scott.A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Stein berg Y Swann Y Thomas Y Thompson Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker Y Wall Ware Watson Y White Y Widener Y Williams.BJ Williams.H Williams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy FRIDAY, MARCH 26, 1982 3321 The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto: SB 774. By: Senator Walker of the 19th: A BILL to reincorporate the City of Helena, Georgia, and to grant a new charter to the said City; and for other purposes. Representative Moody of the 138th moved that the House recede from its position in amending SB 774. On the motion, the ayes were 103, nays 0. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 678. By: Senators Greene of the 26th and Robinson of the 27th: A BILL to amend Code Section 23-1705, relating to requirements of payment and performance bonds for public contracts, so as to change the provisions relating to exemption of contracts below a certain price; to amend the Official Code of Georgia Anno tated accordingly; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 23-1705, relating to requirements of payment and perform ance bonds for public contracts, so as to change the provisions relating to exemption of contracts below a certain price; to amend the Official Code of Georgia Annotated accord ingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Parti Section 1. Code Section 23-1705, relating to requirements of payment and perform ance bonds for public contracts, is amended by striking paragraph (3) in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: "(3) Provided, however, that this section shall not apply when the total contract price does not exceed five thousand dollars ($6,000.00) $20,000.00; but the state, any department or agency thereof, a county, municipal corporation, or any public board or body thereof may in its discretion require performance and payment bonds for any pub lic works contract." Part 2 Section 2. Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Anno tated, relating to contracts for public works, is amended by striking Code Section 13-10-1 in its entirety and inserting in lieu thereof a new Code section 13-10-1 to read as follows: "13-10-1. (a) No contract with this state, a county, municipal corporation, or any other public board or body thereof, for the doing of any public work shall be valid for any purpose, unless the contractor shall give: (1) A performance bond with good and sufficient surety or sureties payable to, in favor of, and for the protection of the state, county, municipal corporation, or public board or body thereof for which the work is to be done. The performance bond shall be in the amount of at least the total amount payable by the terms of the contract. This bond shall not be required when a bond is required under Code Section 36-10-4; 3322 JOURNAL OF THE HOUSE, (2) A payment bond with good and sufficient surety or sureties, payable to the state, county, municipal corporation, or public board or body thereof for which the work is to be done, and for the use and protection of all subcontractors and all per sons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the contract. The payment bond shall be in the amount of at least the total amount payable by the terms of the contract. (b) This Code section shall not apply where the total contract price does not exceed $6,000.00 $20,000.00; provided, however, that the state, any department or agency thereof, a county, municipal corporation, or any public board or body thereof may in its discretion require performance and payment bonds for any public works contract." Parts Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by 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 AdarnsJ Y Adams.M Aiken Y Anderson Y Argo Auten Balkcom Y Bargeron YBaugh Beal Beck Y Benefield Benn Y Birdsong Bishop Bolster Branch Bray Y Brooks YBuck Y Burruss N Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark.L Y Colbert Y Coleman Collins Y Colwell Connell Y Couch Cox Y Crawford Y Crosby Y Culpepper Y Cummings Harden Daugherty Y Davis,B N Davis,J Y Davis,L 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 Y Ginsberg Glover YGodbee Greer Ham Hamilton Hanner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson Y Irvin Isakson Jackson,J Y Jackson.N Y Jackson.W Y Jessup Y Johnson,G Johnson ,R Jones.B N Jones.H YKarrh YKemp Y Kilgore Lambert Y Lane,D Y Lane.R Y Lawson YLee Y Logan YLong Lord YLowe Y Lucas Y Mangum Mann Marcus Y Martin Y Matthews Y McCollum McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Mullinax Y Nicholson Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips,B Phillips,L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Y Ramsey YRandall Reaves Y Richardson Y Robinson YRose Boss Y Rowland Y Russell Savage Y Scott,A Scott,D N Shepard Y Sherrod Sizemore Y Smith,T Smith.V Smyre YSnow Y Steinberg YSwann Y Thomas Thompson Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Waddle Y Walker Y Wall Ware Watson Y White N Widener Williams.B.J Williams,H Williams,R Y Wilson Y Wood,J Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, by substitute, the ayes were 116, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substitute. FRIDAY, MARCH 26, 1982 3323 SB 683. By: Senators Barnes of the 33rd, Sutton of the 9th, Howard of the 42nd and oth ers: A BILL to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to the conduct of meetings of state and local government departments, agencies, and authorities, so as to completely revise and supersede said chapter; and for other purposes. The following Committee substitute was read: A BILL To amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to the conduct of meetings of state and local government departments, agencies, and authorities, so as to completely revise and supersede said chapter; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to the conduct of meetings of state and local government departments, agencies, and authorities, is amended by striking said chapter in its entirety and substituting in lieu thereof a new Chapter 14 of Title 50 to read as follows: "CHAPTER 14 50-14-1. (a) As used in this chapter, the term: (1) 'agency Agency' means] (A) taty Every state department, agency, board, bureau, commission, er political subdivision and authority; (B) the The governing authority er any department, agency, board, bureau, com mission, ef political subdivision of toy every county, municipal corporation, beard ef education, school district, or other political subdivision of the state; and any state er teeal housing authority. (C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state; and (D) Every city, county, regional, or other authority established pursuant to the laws of this state. (2) 'Meeting' means the gathering of a quorum of an agency, pursuant to schedule, call, or notice of or from the agency at a designated time or place, at which proposed official action is to be discussed or at which official action is to be taken. (b) Any provision of this or any other law to the contrary notwithstanding, the term 'records' or 'public records' means those documents and writings which are prepared and kept as written memorials of a final action taken by any agency. (c) All meetings of any agency at which proposed official actions are action is to be discussed or at which official action is to be taken afe declared te be pabKe meetings and shall be open to the public at all times. No resolution, rule, regulation, ordinance, or other formal action of an agency shall be binding except as unless taken2 er made, at saeh meetings or arrived at in compliance with this chapter. Any action contesting a resolution, rule, regulation, ordinance, or other formal action of an agency on the ground of noncompliance with this chapter must be commenced within 90 days of the date the resolution, rule, ordinance, or regulation was passed or the formal action was takenz provided that any action under this chapter contesting a zoning decision of a local governing authority shall be commenced within the time allowed by law for appeal of such zoning decision. (d) Representatives ef the news *edia The public at all times shall be afforded access to meetings declared open to the public pursuant to subsection (c) of this Code section. Visual, sound, and visual and sound recording during open meetings by repre sentatives of the news media shall be permitted at eaeh public meeting. 3324 JOURNAL OF THE HOUSE, (e) Every agency shall prescribe the time, place, and dates of regular meetings of the agency. Such information shall be available to the general public. Meetings shall be held in accordance with a regular schedule, but nothing in this subsection shall preclude an agency from canceling or postponing any regularly scheduled meeting. Whenever any scheduled, adjourned, or postponed meeting required to be open to the public is to be held at a time other than that regularly scheduled, or when any specially called meeting required to be open to the public is to be held, the agency shall give due notice thereof. A notice shall be sufficient if posted for a period of 24 hours at the place of regular meetings. When special circumstances occur and are so declared by an agency, that agency may hold a meeting with less than 24 hours' notice upon giving such notice as is reasonable under the circumstances, in which event the reason for holding the meeting within 24 hours and the nature of the notice given shall be recorded in the minutes. {fj The minutes of a meeting of any agency shall be promptly recorded and such records shall be open to public inspection. The superior courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this chapter, upon application by any citizen of this state. 50-14-2. (a) This chapter shall not be construed so as to repeal in any way: (1) The attorney-client privilege recognized by state law; and (2) Those tax matters which are otherwise made confidential by state law. (b) T-he public naay be excluded in efd*r te protect the privileges Hated m subsection {a) ef this Code section. Where a meeting of an agency is devoted in part to matters within the exceptions set forth in this chapter, any portion of the meeting not subject to any such exception, privilege, or confidentiality shall be open to the public, and min utes of such portions not subject to any such exceptions shall be taken, recorded, and open to public inspection as provided in subsection (f) of Code Section 50-14-1. In addi tion, the minutes of any such meeting shall reflect the specific reason or reasons for any closure. 50-14-3. It shall be unlawful for any person who is a member of any agency to con duct any meeting not held in accordance with this chapter. Any person violating this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $100.00. 50-14-4. This chapter shall not apply to the following: (1) Staff meetings held for investigative purposes under duties or responsibilities imposed by law; (2) The deliberations and voting of the State Board of Pardons and Paroles; (3) Meetings of the Georgia Bureau of Investigation or any other law enforcement agency in the state2 including grand jury meetings; (4) Meetings when any agency &r ether writ is discussing the future acquisition of real estate; (5) Meetings of any committee of a public hospital when the committee is consid ering the grant of abortions under state law; and (6) Meetings when: (A) Any agency er ether writ is discussing the appointment, employment, disci plinary action, or dismissal of a public officer or employee; or (B) Any agency er other writ is hearing complaints or charges brought against a public officer or employee unless he requests a public meetingrj and (7) Adoptions and proceedings related thereto." Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Smith of the 152nd moves to amend the Committee substitute to SB 683 by striking lines 1, 2, and 3 on page 5 and changing the number "6" on line 4 to "5"; and the number "7" on line 13 to the number "6". FRIDAY, MARCH 26, 1982 3325 Representative Evans of the 84th moved that the House reconsider its action in adopting the Smith amendment. On the motion, the ayes were 82, nays 8. The Chair voted "aye". On the motion, the ayes were 83, nays 8. The motion prevailed. On the re-adoption of the Smith amendment, the amendment was lost. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M N Aiken Y Andersen YArgo Y Auten N Balkcom N Bargeron YBaugh Beal Beck Benefield YBenn Birdsong Y Bishop Bolster Y Branch Bray N Brooks YBuck Y Burruss Y Burton YByrd Y Cason N Castleberry Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Y Coleman Collins Colwell Connell Y Couch NCox N Crawford N Crosby Y Culpepper Cummings Y Darden Daugherty Y Davis,B Y DavisJ Y Davis,L YDean Dent N Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Foster Y Fuller.C YGaler N Ginsberg Glover NGodbee Y Greer Ham Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins Hays Hill Y Holmes Y Hooks Home Hutchinson Irvin Y Isakson Y Jackson,J Y Jackson,N Y Jackson,W Y Jessup Y Johnson ,G Johnson,R Y Jones,B Y Jones.H N Karrh Kemp Y Kilgore Lambert Y Lane,D N Lane.R Lawson YLee YLogan YLong YLord YLowe N Lucas Y Mangum Mann Y Marcus N Martin Y Matthews Y McCollum N McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson YNix N Oliver Y Padgett Y Parham Y Patten N Perry N Peters Y Phillips,B N Phillips,L.L Y Phillips,R.T Y Phillips.W.R Y Pilewicz Y Pinkston N Rainey Y Ralston Ramsey Randall N Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Savage Y Scott,A Scott,D Y Shepard N Sherrod N Sizemore Y Smith.T Smith.V Smyre Snow Y Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplett NTuten Y Twiggs Vandiford Y Vaughn Y Veazey Y Waddle Y Walker YWall Ware Watson Y White Y Widener Y Williams,B.J Williams,H 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 109, nays 25. The Bill, having received the requisite constitutional majority, was passed, by substitute. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: 3326 JOURNAL OF THE HOUSE, The Senate has rejected the Conference Committee Report to the following Resolution of the House: HR 626. By: Representatives Foster and Williams of the 6th and Ramsey of the 3rd: A RESOLUTION proposing an amendment to the Constitution so as to limit increases in ad valorem taxes levied by Whitfield County for the maintenance and operation of the county government to 5 percent over the revenues pro duced for the immediately preceding calendar year with the base year for such purposes being established as calendar year 1981; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the House, favorably reported by the Committee on Rules, was read: HR 829. By: Representatives Argo of the 63rd, Lambert of the 112th and Triplett of the 128th: A RESOLUTION Creating the House Study Committee on HB 1579; and for other purposes. WHEREAS, HB 1579 introduced at the 1982 General Assembly would modify the law governing maximum lengths of vehicles and loads; and WHEREAS, this legislation addresses a complex and important subject and should be carefully studied by this body. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the House Study Committee on HB 1579 to be composed of five members of the House of Representatives appointed by the Speaker of the House. The chairman of the committee shall be appointed by the Speaker of the House. BE IT FURTHER RESOLVED that the committee shall undertake a study of the intent and merits of HB 1579 and shall recommend to the 1983 General Assembly whether the same or similar legislation should be enacted. The committee may conduct such meet ings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objec tives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days. The funds necessary to carry out the provi sions of this resolution shall come from the funds appropriated to or available to the legis lative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, no later than December 1, 1982, at which time the committee shall stand abolished. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: N Aaron Y Adams.G YAdams,J Y Adams,M Aiken YAnderson YArgo YAuten Y Balkcom Y Bargeron YBaugh Beal Beck Y Benefield Y Benn Birdsong Y Bishop Bolster Y Branch Bray Y Brooks Y Buck Y Burruss Y Burton NByrd Y Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Y Coleman Collins Y Colwell Connell Couch Y Cox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis,B N Davis,J N Davis,L Dean Dent Y Dixon N Dobbs N Dover Y Edwards Y Elliott Y Evans Felton N Fortune Foster N Fuller.C N Galer Y Ginsberg Glover N Godbee Greer Ham Hamilton FRIDAY, MARCH 26, 1982 3327 Y Hanner Y Harris Y Harrison Y Hasty N Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson NIrvin Y Isakson Y Jackson,J Jackson.N Y Jackson.W Y Jessup Y Johnson,G Y Johnson.R Jones, B Y Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane,D N Lane,R Lawson YLee Y Logan YLong YLord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin N Matthews Y McCollum Y McDonald McKinney Miles Y Milford N Montgomery Y Moody N Moore Y Mostiler Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips,L.L Y Phillips,R.T N Phillips,W.R Pilewicz Pinkston Y Rainey N Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Rowland Y Russell Savage Y Scott,A Y Scott,D N Shepard N Sherrod Y Sizemore Smith,T Smith.V Smyre YSnow Y Steinberg Swann Y Thomas Thompson On the adoption of the Resolution, the ayes were 112, nays 23. The Resolution was adopted. Y Townsend Y Triplet* YTuten Y Twiggs Y Vandiford Y Vaughn Veazey N Waddle Y Walker Y Wall Ware Watson Y White N Widener N Williams,B.J Williams,H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy The following Resolution of the House was read: HR 953. 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 9:00 P.M. on March 26, 1982. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams,M Aiken Y Andereon YArgo Y Auten Y Balkcom Bargeron Y Baugh Beal Beck Y Benefield YBenn Y Birdsong Y Bishop Bolster Y Branch Bray Y Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Clark,L Colbert Y Coleman Collins Y Colwell Connell Y Couch YCox Y Crawford Crosby Y Culpepper Y Cummings Darden Y Daugherty Davis.B Y Davis,J N Davis,L NDean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Evans Felton Y Fortune Y Foster Y Fuller,C Galer Y Ginsberg Glover Y Godbee Y Greer Ham Hamilton Y Banner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson Ylrvin Y Isakson Y Jackson,J Y Jackson.N Y Jackson.W Y Jessup Y Johnson,G Johnson,R Y Jones.B Y Jones.H YKarrh YKemp Y Kilgore Y Lambert Y Lane,D Y Lane,R Lawson NLee Y Logan YLong YLord YLowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Richardson Y Robinson YRose YRoss Y Rowland Y Russell Savage 3328 JOURNAL OF THE HOUSE, Y Scott,A YScott,D YShepard YSherrod Y Sizemore YSmith.T Smith, V Smyie YSnow Y Steinberg Swann Y Thomas Y Thompson Y Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Vaughn Veazey Y Waddle Y Walker Y Wall Ware Y Watson Y White Y Widener N Williams.B.J On the adoption of the Resolution, the ayes were 126, nays 5. The Resolution was adopted. Williams.H Williams,R Wilson N Wood,J Y Wood,J.T Y Workman Speaker Murphy The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1546. By: Representatives Triplett of the 128th and McDonald of the 12th: A BILL to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center, so as to pro vide for the re-creation, powers, and duties of the Geo. L. Smith II Georgia World Congress Center Authority; to provide for the management of the Geo. L. Smith II Georgia World Congress Center Authority by a board of governors; and for other purposes. The following report of the Committee of Conference on HB 1546 was read: CONFERENCE COMMITTEE REPORT ON HB 1546 The Conference Committee on HB 1546 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1546 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Paul C. Broun Senator, 46th District /s/Honorable Floyd Hudgins Senator, 15th District FOR THE HOUSE OF REPRESENTATIVES: , .,, ,, _ m . , /s/Honorable Tom Triplett Representative, 128th District /s/Honorable Lauren McDonald, Jr. Representative, 12th District /s/Honorable Perry J. Hudson Senator, 35th District /s/Honorable Benson Ham Representative, 80th District A BILL To amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center, so as to provide for the re-creation, powers, and duties of the Geo. L. Smith II Georgia World Congress Center Authority; to provide for the management of the Geo. L. Smith II Georgia World Congress Center Authority by a board of governors; to provide for the composition, powers, and duties of the board of governors of the Geo. L. Smith II Georgia World Congress Center Authority; to provide for the creation of offices of the Geo. L. Smith II Georgia World Congress Center Authority; to provide that the Geo. L. Smith II Georgia World Congress Center Authority shall be exempt from taxation; to provide for venue in actions against the authority; to authorize the authority to accept contributions; to provide for establish ment of fees and charges and the disposition of receipts of the authority; to authorize con tracts between the Geo. L. Smith II Georgia World Congress Center Authority and the Department of Industry and Trade relating to the operation and management of the Geo. FRIDAY, MARCH 26, 1982 3329 L. Smith II Georgia World Congress Center; to provide for the creation, composition, pow ers, and duties of the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center, is amended by striking said chap ter in its entirety and inserting in lieu thereof a new Chapter 9 of the Official Code of Georgia Annotated to read as follows: "CHAPTER 9 ARTICLE 1 10-9-1. This chapter may be known and cited as the 'Geo. L. Smith II Georgia World Congress Center Act.' 10-9-2. There is re-created the 'Geo. L. Smith II Georgia World Congress Center Authority' as a body corporate and politic, which shall be an instrumentality of the State of Georgia and a public corporation. 10-9-3. As used in this chapter, the term: (1) 'Authority' means the Geo. L. Smith II Georgia World Congress Center Authority. (2) 'Cost of the project' means the cost of construction, the cost of all lands, prop erties, rights, easements, and franchises acquired; the cost of all machinery and equip ment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obli gation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the pro ceeds of general obligation bonds issued by the State of Georgia or such other bonds or obligations as may be issued by any authority or agency of the State of Georgia. (3) 'Project' means a comprehensive international trade and convention center and meeting facility with exhibit space capable of handling large trade groups; a Georgia Hall to be a world showcase for displaying exhibits of Georgia's counties, municipali ties, industries, and attractions and to promote the agricultural, historic, recreational, and natural resources of the State of Georgia; individual meeting rooms with simulta neous translation facilities for several languages; and other related facilities for cul tural, political, musical, educational, and other events, including, without limitation, refreshment stands and restaurants and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods and services of all kinds, whether oper ated or purveyed directly or indirectly through concessionaries, licensees, or lessees, or otherwise; and parking facilities and parking areas in connection therewith. The project shall be located in the City of Atlanta and will be known as the 'Geo. L. Smith II Georgia World Congress Center.' As used in this chapter, the project described by the term 'Geo. L. Smith II Georgia World Congress Center' shall include the same project formerly known as and may be referred to as the 'Georgia World Congress Center.' 10-9-4. The authority shall have the following powers: (1) To bring actions, complain, and implead in any judicial, administrative, arbi tration or other action or proceeding and, to the extent permitted by law, to have actions brought against it, to be impleaded, and to defend in such proceedings; (2) To have a seal and alter the same at its pleasure; (3) To make and alter bylaws, rules, and regulations, not inconsistent with law, for the administration and regulation of its business and affairs; 3330 JOURNAL OF THE HOUSE, (4) To elect, appoint, or hire officers, employees, and other agents of the authority, including experts and fiscal agents, define their duties, and fix their compensation; (5) To acquire, by purchase, gift, lease, or otherwise and to own, hold, improve and use, and to sell, convey, exchange, transfer, lease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate pur poses; (6) To make all contracts and to execute all instruments necessary or convenient to its purposes; (7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon the terms and conditions as may be imposed thereon to the extent the terms and condi tions are not inconsistent with the limitation and laws of this state and are otherwise within the power of the authority; (8) To exercise the power of eminent domain and acquire by condemnation, in accordance with the provisions of any and all existing laws applicable to the condem nation of property for public use, real property or rights of easement therein or fran chises necessary or convenient for its corporate purposes; (9) To borrow money for any of its corporate purposes and to provide for the pay ment of the same, as may be permitted under the Constitution and laws of the State of Georgia; (10) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (11) To do all things necessary or convenient to carry out the powers expressly given in this chapter; and (12) Said authority shall comply with all applicable state budgetary processes and procedures as relate to compensation of employees of the authority. 10-9-5. The authority is authorized and directed to contract with the Department of Industry and Trade to exercise on behalf of the department such future responsibility in connection with the acquisition, construction, operation, management, and mainte nance of the project as is now or may be vested in the department; and the Department of Industry and Trade is authorized by such contract to delegate to the authority all of its responsibilities and powers with respect to the project and to transfer to the author ity any and all contracts, plans, documents, or other papers of said department relating to the project, together with any and all funds heretofore or hereafter appropriated to it for the acquisition, construction, operation, management, or maintenance of the project or for all other purposes related to the project, other than appropriations made specifically for debt service purposes, as compensation to the authority under such con tract. Under contract with the Department of Industry and Trade, as herein authorized, the authority on behalf of the Department of Industry and Trade shall plan, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage the project, as hereinabove defined, on property owned by or leased by the State of Georgia in the City of Atlanta, Georgia, the cost of any such project to be paid in full or in part from the proceeds of general obligation bonds issued by the State of Georgia as the General Assembly may authorize or from such proceeds and other funds as may be available for such purposes, including any grant from the United States of America or any agency or instrumentality thereof. All actions of the authority and the Department of Industry and Trade, or their predecessors, heretofore taken in connection with such contractual relationship, are ratified and confirmed and shall not be affected by any provision of this chapter. Nothing herein shall affect the powers or duties of the Georgia State Financing and Investment Commission or of the State Properties Commis sion. 10-9-6. (a) The board of governors of the authority shall consist of nine members. Each member shall serve for a term of four years. All members of the board shall be appointed by the Governor of the State of Georgia and shall serve until the appointment and qualification of a successor. Said members shall be appointed from the general pub lic; and no person holding any other office of profit or trust under the state shall be appointed to membership. FRIDAY, MARCH 26, 1982 3331 (b) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. No vacancy on the board shall impair the right of the quorum of the remaining members then in office to exercise all rights and perform all duties of the board. (c) The members of the board of governors shall be entitled to and shall be reim bursed for their actual travel expenses necessarily incurred in the performance of their duties and, for each day actually spent in performance of their duties, shall receive the same per diem as do members of the General Assembly. (d) The members of the authority in office on the effective date of this chapter shall continue in office as members of the board of governors for the remainder of the terms for which they were appointed and until their successors are appointed and qualified hereunder. 10-9-7. (a) The management of the business and affairs of the authority shall be vested in the board of governors, subject to the provisions of this chapter and to the provisions of bylaws adopted by the board of governors as authorized by this chapter. (b) The board of governors shall have the power to make the bylaws, rules, and regu lations for the government of the authority and the operation, management, and mainte nance of the project as it may determine appropriate. (c) A majority of the number of members of the board then in office shall constitute a quorum for the transaction of business. The vote of a majority of the members of the board present at the time of the vote, if a quorum is present at such time, shall be the act of the board unless the vote of a greater number is required by law or by the bylaws of the board of governors. (d) If the bylaws of the authority so provide, the board of governors, by resolution adopted by a majority of the full board of directors, may designate from among its mem bers an executive committee and one or more other committees, each consisting of two or more members of the board and each of which, to the extent provided in such resolu tion or the bylaws of the authority, shall have and may exercise such authority as the board of governors may delegate to it. Unless otherwise provided in the bylaws of the authority, any such committee shall act by a majority of its members. The designation of any such committee and the delegation thereto of authority shall not operate to relieve the board of governors or any member thereof of any responsibility imposed by law. 10-9-8. (a) Meetings of the board of governors, regular or special, shall be held at the time and place fixed by or under the bylaws or, if not so fixed, by the board. Regu lar meetings of the board may be held with or without notice as prescribed in the bylaws. Special meetings of the board shall be held upon such notice as is prescribed in the bylaws. Unless otherwise prescribed in the bylaws, written notice of the time and place of special meetings of the board shall be given to each member either by personal delivery or by mail, telegram, or cablegram at least two days before the meeting. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the board need be specified in the notice or waiver of notice of such meeting unless required by the bylaws. Meetings of the board may be called by the chairman of the board or by any other person or persons authorized by the bylaws. (b) Upon receipt of a resolution by a majority of the number of members of the board authorized by this chapter which so certifies and requests, adopted after notice to the defaulting member, the Governor of the State may by executive order remove from membership a member of the board who has failed to attend three consecutive meetings of the board. The action of the Governor shall be final and nonreviewable. 10-9-9. (a) The board of governors shall elect or appoint such officers as may be provided in the bylaws and may delegate to such officers, who need not be members of the board, such authority and responsibility as the board may determine appropriate. (b) Each officer and employee of the authority shall serve at the pleasure of the authority and shall hold office for the term for which he is elected or appointed and until his successor has been elected or appointed and has qualified, or until his earlier resignation, removal from office, or death. 3332 JOURNAL OF THE HOUSE, (c) All officers and agents of the authority shall have such authority and perform such duties in the management of the authority as may be provided in the bylaws or as may be determined by action of the board not inconsistent with law or with the bylaws. (d) The board of governors shall have authority to fix the compensation of its offi cers and employees, except that officers or employees who are also members of the board shall serve without additional compensation for such service. 10-9-10. It is found, determined, and declared that the creation of the authority in the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and is a public purpose and that the authority will be performing an essen tial governmental function in the exercise of the powers conferred upon it by this chap ter. The authority shall be required to pay no taxes or assessments upon any property acquired or under the jurisdiction, control, possession, or supervision or upon its activi ties in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority; provided, however, in no event shall the exemptions granted in this Code section extend to any lessee or other private person or entity. 10-9-11. Any action against the authority to protect or enforce any rights under the provisions of this chapter shall be brought in the Superior Court of Fulton County, Georgia, and such court shall have exclusive, original jurisdiction of such actions. 10-9-12. The authority, in addition to the moneys received from the collection of rev enues, rents, and earnings derived under the provisions of this chapter or from the Department of Industry and Trade, shall have authority to accept from any federal agency grants for or in aid of the construction of any project and to receive and accept contributions from any source of either money or property or other things of value to be held, used, and applied only for the purposes for which such grants or contributions may be made. 10-9-13. All moneys received pursuant to the authority of this chapter, whether as grants or other contributions or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. 10-9-14. The board of governors of the authority is authorized to fix rentals, fees, prices, and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or part thereof or combination thereof, and for the goods and services provided by the authority in connection with such use, as the authority may deem necessary or appropriate to provide in connection with such use, and to charge and collect the same. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to be reasonably expected to provide a fund sufficient with other revenues of such project and funds available to the authority, if any, to pay the cost of maintaining, repairing, and operating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facil ities at such project. 10-9-15. (a) The authority shall operate the project so as to ensure maximum use of the project. In connection with and incident to its operation of the project, the authority may engage in such activities as it deems appropriate to promote trade shows, conventions, and tourism within the state so as to promote the use of the project and the use of the industrial, agricultural, educational, historical, cultural, recreational, and natural resources of the State of Georgia by those using or visiting the project. (b) The authority shall have the power to lease and make contracts with political subdivisions and agencies of this state with respect to the use of the project and the goods and services of the authority provided in connection with such use or the activities which the authority is otherwise authorized to undertake. (c) It shall be the duty of the board of governors of the authority to prescribe rules and regulations for the operation and governing the use of the project constructed under the provisions of this chapter, including rules and regulations to ensure maximum use of the project. FRIDAY, MARCH 26, 1982 3333 (d) (1) The authority shall be authorized to employ security guards to keep watch over and protect the Geo. L. Smith II Georgia World Congress Center and such other properties as may be under the management and control of the authority. The secu rity guards employed, as provided by this subsection, shall be employees of and com pensated by the authority. The security guards employed pursuant to the provisions of this Code section, shall be charged with the duty of protecting and preserving the property under the management and control of the authority and the prevention, detection, and investigation of offenses committed thereon. Security guards so employed by the authority shall not be subject to Chapter 8 of Title 35 of the Official Code of Georgia Annotated but may apply for and obtain certification thereunder. Any security guard so employed who is a candidate for or who has obtained certifica tion under Chapter 8 of Title 35 shall, in addition, have powers to arrest all persons committing offenses thereon and to possess and carry weapons while on duty, but only while in the performance of his duties and only while upon the property or in connec tion with the property under the control of the authority. (2) Under such terms and conditions as the authority and the Board of Public Safety may by agreement establish, the Board of Public Safety may provide through the Georgia Police Academy such limited or specialized training to security guards employed by the authority as may be appropriate to the responsibilities and powers vested in such security guards. Without limitation of the foregoing, the board may permit limited participation by such security guards in the training program, or such parts thereof as may be appropriate, offered to police officers by the Georgia Police Academy. Nothing in this Code section shall limit the duty of the Georgia Police Academy to train security guards who apply for certification under Chapter 8 of Title 35 of the Official Code of Georgia Annotated. 10-9-16. The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to the Attorney General, shall apply. 10-9-17. The foregoing Code sections of this chapter shall be deemed to provide an additional and alternative method for the doing of things authorized thereby and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing. 10-9-18. This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. 10-9-19. The accounts of the authority created in this chapter shall be kept as sepa rate and distinct accounts and shall be audited by the Department of Audits and Accounts of the state. ARTICLE 2 10-9-20. There is created as a joint committee of the General Assembly the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee to be com posed of three members of the House of Representatives appointed by the Speaker of the House and three members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairman of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairman of the committee shall be appointed by the Speaker of the House from the membership of the committee. The chairman and vice chairman shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairman or vice chairman of the com mittee shall be filled for the unexpired term in the same manner as the original appoint ment. The committee shall periodically inquire into and review the operations of the Geo. L. Smith II Georgia World Congress Center Authority, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this chapter. 3334 JOURNAL OF THE HOUSE, 10-9-21. The state auditor, the Attorney General, and all other agencies of state gov ernment, upon request by the committee, shall assist the committee in the discharge of its duties herein set forth. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants. 10-9-22. The Geo. L. Smith II Georgia World Congress Center Authority shall coop erate with the committee, its authorized personnel, the Attorney General, the state audi tor, and other state agencies in order that the charges of the committee, set forth in this article, may be timely and efficiently discharged. The authority shall submit to the com mittee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney Gen eral is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Geo. L. Smith II Georgia World Congress Center Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its find ings and recommendations based upon the review of the Geo. L. Smith II Georgia World Congress Center Authority, as set forth in this chapter. 10-9-23. In the discharge of its duties, the committee shall evaluate the performance of the Geo. L. Smith II Georgia World Congress Center Authority consistent with the following criteria: (1) Prudent, legal, and accountable expenditure of public funds; (2) Efficient operation; and (3) Performance of its statutory responsibilities. 10-9-24. (a) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel, paying for services of independent accountants, engineers, and consultants, and paying all other necessary expenses incurred by the committee in performing its duties. (b) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (c) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government." Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Representative Triplett of the 128th moved that the report of the Committee of Con ference on HB 1546 be adopted. 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 Aiken Y Anderson YArgo Y Auten N Balkcom Y Bargeron N Baugh Beal Beck Y Benefield YBenn Birdsong Y Bishop Bolster Y Branch Bray N Brooks YBuck Y Burruss Y Burton YByrd YCason Y Castleberry Y Chamberlin Y Chambless N Chance Y Cheeks Y Childers Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Colweil Y Connell Couch YCox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Davis.B Y Davis,J Y Davis,L YDean Dent Dixon N Dobbs N Dover Y Edwards Y Elliott Y Evans Y Felton N Fortune Foster Y Fuller.C Y Galer Y Ginsberg Glover Godbee Y Greer Ham Hamilton Y Banner Y Harris Y Harrison Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson N Irvin Y Isakson Y Jackson,J N 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 N Lane.R Lawson YLee Y Logan YLong YLord Lowe Y Lucas Y Mangum FRIDAY, MARCH 26, 1982 3335 Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Miles YMilford Y Montgomery Y Moody N Moore YMostiler Mullinax Y Nicholson Y Nix Y Oliver Y Padgett N Parham Y Patten Y Perry Y Peters YPhillips,B Y Phillips,L.L Y Phillips,R.T N Phillips,W.R Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson Y Rose Y Ross Y Rowland Russell Savage Y Scott,A Y Scott,D N Shepard Y Sherrod Y Sizemore Y Smith.T Smith, V Smyre Y Snow Y Steinberg Swann Thomas Y Thompson Townsend Y Triplett Y Tuten N Twiggs Vandiford Y Vaughn Veazey Y Waddle Walker Y Wall Ware Y Watson Y White Y Widener Y Williams,B.J Williams.H WilIiams,R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the motion, the ayes were 117, nays 16. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 734. By: Senators Greene of the 26th and Robinson of the 27th: A BILL to amend Code Section 5A-507, relating to the sale of alcoholic beverages on Sundays and election days, so as to change certain population brackets; to amend Code Sec tion 3-3-7 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays and election days, so as to change certain popu lation brackets and census references; and for other purposes. The following Committee substitute was read: A BILL To amend Code Title 5A, known as the "Georgia Alcoholic Beverage Code," as amended, so as to change certain population brackets and census references; to permit sales during certain hours in certain counties; to amend the Official Code of Georgia Anno tated accordingly; to provide effective dates; to repeal conflicting laws; and for other pur poses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Code Title 5A, known as the "Georgia Alcoholic Beverage Code," as amended, is amended by striking subsection (g) of Code Section 5A-507 in its entirety and substituting in lieu thereof a new subsection (g) to read as follows: "(g) (1) In each county having a population of not less than 160,000 153,000 or more than 165,000, according to the census, in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropri ate, may authorize the sale of alcoholic beverages for consumption on the premises: {i) (A) At any time from 11:55 P.M. on Saturdays and the two hours immedi ately following such time. (3) (B) In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. For the purposes of this paragraph, 'eating estab lishment' means an establishment which is licensed to sell distilled spirits, malt bev erages, or wines for consumption on the premises and which derives at least 50 per cent of its total annual gross food and beverage sales from the sale of prepared meals or food. 3336 JOURNAL OF THE HOUSE, (2) (A) In each county having a population of not less than 150,000 or more than 150,300, according to the census, in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic bever ages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises: (i) At any time from 11:55 P.M. on Saturdays and the two hours immediately following such time. (ii) In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. For the purposes of this paragraph, 'eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines for consumption on the premises and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. (B) The provisions of subparagraph (A) of this paragraph (2) shall become effec tive within a county and the municipalities in that county only if the application of said subparagraph (A) is approved by the voters of the county. In every county which has a population of not less than 150,000 and not more than 150,300 in which the sale of alcoholic beverages is lawful, the election superintendent of the county shall issue the call for a special election for auch purpose. The call shall be issued not less than 30 and not more than 60 days before the date of the first November general election held more than 60 days after the date on which the county first meets the criteria of subparagraph (A). The superintendent shall set the date of the special election for the date of the general election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of such counties. The ballot shall have written or printed thereon the words: '( ) YES ( ) NO Shall the governing authorities of (insert county name) and the munici palities therein in which the sale of alcoholic beverages is lawful be authorized to allow the sale of alcoholic beverages in certain establish ments during certain hours on Sundays?' All persons desiring to vote for approval shall vote 'Yes,' and those persons desir ing to vote for rejection shall vote 'No.' If more than one-half of the votes cast on such question are for approval, the subparagraph (A) shall become of full force and effect in the county and municipalities therein in which the sale of alcoholic bever ages is lawful; otherwise Section 3 of the Act shall be null and void and of no force and effect. The expense of such election shall be borne by such counties. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State." Section 2. Said Code Title is further amended by striking paragraph (1) of subsec tion (a) of Code Section 5A-6503 in its entirety and substituting in lieu thereof a new par agraph (1) to read as follows: "(1) 'Coliseum authority' means any public coliseum authority created by law in any county having a population of not less than 146,000 153,000 and not more than 165,000, according to the census." Part 2 Section 3. Title 3 of the Official Code of Georgia Annotated, known as the "Georgia Alcoholic Beverage Code," is amended by striking subsection (f) of Code Section 3-3-7 in its entirety and substituting in lieu thereof a new subsection (f) to read as follows: "(f) (1) In each county having a population of not less than 160,000 153,000 nor more than 165,000 according to the United States decennial census of 1070 1980 or any FRIDAY, MARCH 26, 1982 3337 future such census in which the sale of alcoholic beverages is lawful and in all munici palities within such counties in which the sale of alcoholic beverages is lawful, the gov erning authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises: (i) (A) At any time from 11:55 P.M. on Saturdays and the two hours immedi ately following such time; and {2} (B) In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays from 12:30 P.M. until 12:00 Midnight. As used in this paragraph, the term 'eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines for consumption on the premises and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. (2) (A) In each county having a population of not less than 150,000 or more than 150,300, according to the census, in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic bever ages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises: (i) At any time from 11:55 P.M. on Saturdays and the two hours immediately following such time. (ii) In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. For the purposes of this paragraph, 'eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines for consumption on the premises and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. (B) The provisions of subparagraph (A) of this paragraph (2) shall become effec tive within a county and the municipalities in that county only if the application of said subparagraph (A) is approved by the voters of the county. In every county which has a population of not less than 150,000 and not more than 150,300 in which the sale of alcoholic beverages is lawful, the election superintendent of the county shall issue the call for a special election for such purpose. The call shall be issued not less than 30 and not more than 60 days before the date of the first November general election held more than 60 days after the date on which the county first meets the criteria of subparagraph (A). The superintendent shall set the date of the special election for the date of the general election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of such counties. The ballot shall have written or printed thereon the words: '( ) YES ( ) NO Shall the governing authorities of (insert county name) and the munici palities therein in which the sale of alcoholic beverages is lawful be authorized to allow the sale of alcoholic beverages in certain establish ments during certain hours on Sundays?' All persons desiring to vote for approval shall vote 'Yes,' and those persons desir ing to vote for rejection shall vote 'No.' If more than one-half of the votes cast on such question are for approval, the subparagraph (A) shall become of full force and effect in the county and municipalities therein in which the sale of alcoholic bever ages is lawful; otherwise Section 3 of the Act shall be null and void and of no force and effect. The expense of such election shall be borne by such counties. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State." Section 4. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 3-8-3 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: 3338 JOURNAL OF THE HOUSE, "(1) 'Coliseum authority' means any public coliseum authority created by law in any county having a population of not less than 146,000 153,000 nor more than 165,000 according to the United States decennial census of 1070 1980 or any future such census." n Part3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Lucas of the 102nd moves to amend the Committee substitute to SB 734 by striking from line 18 of page 4 and from line 4 of page 8 the following: "Section 3 of the Act", and inserting in lieu thereof the following: "subparagraph (A)". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams,J N Adams.M Y Aiken N Anderson Argo YAuten N Balkcom Bargeron N Baugh Beal Beck Y Benefield YBenn Y Birdsong Y Bishop Bolster N Branch Bray Y Brooks YBuck Y Burruss N Burton NByrd YCason Y Castleberry N Chamberlin Y Chambless N Chance Y Cheeks Y Childers Childs Clark,B Clark.L Y Colbert Coleman Collins Colwell Y Connell Y Couch YCox N Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis,B N Davis,J Davis.L Dean Dent Y Dixon Dobbs N Dover Y Edwards Y Elliott Y Evans Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover Godbee Y Greer Ham Hamilton Hanner Harris Y Harrison Y Hasty Y Hawkins NHays Hill Holmes Y Hooks Home Hutchinson Irvin Y Isakson Y Jackson,J Jackson.N N Jackson.W Y Jessup N Johnson.G N Johnson,R Y Jones,B Jones.H NKarrh YKemp Y Kilgore Y Lambert N Lane,D N Lane,R Lawson YLee N Logan NLong YLord YLowe Y Lucas Y Mangum YMann Y Marcus Y Martin N Matthews Y McCollum McDonald McKinney Miles Milford Y Montgomery N Moody N Moore N Mostiler Y Mullinax Y Nicholson Nil Y Oliver Y Padgett N Parham N Patten N Perry Y Peters Y Phillips.B Phillips,L.L Y Phillips,R.T N Phillips,W.R Pilewicz N Pinkston N Rainey N Ralston Ramsey Randall N Reaves N Richardson Robinson YRose Ross Y Rowland Y Russell Savage Y Scott,A Y Scott,D Y Shepard N Sherrod Sizemore N Smith.T Smith.V Smyre YSnow Y Steinberg Swann N Thomas Thompson Y Townsend Triplet! NTuten N Twiggs Y Vandiford Y Vaughn Veazey Waddle Walker N Wall Ware Y Watson Y White N Widener N Williams.BJ Williams,H Williams,R Y Wilson N Wood,J Y Wood,J.T Y Workman Speaker Murphy FRIDAY, MARCH 26, 1982 3339 On the passage of the Bill, by substitute, as amended, the ayes were 79, nays 43. The Bill, by substitute, as amended, having failed to receive the requisite constitu tional majority, was lost. Representative Phillips of the 59th stated that he had intended to vote "nay" on the preceding roll call. The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon: HB 1464. By: Representatives Mullinax of the 69th, Wood of the 72nd, Mostiler of the 71st, Aaron of the 56th, White of the 132nd and Ginsberg of the 122nd: A BILL to amend Code Title 114, relating to workers' compensation, so as to change the provisions relating to income benefits for total disability; to change the provi sions relating to income benefits for permanent partial disability; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following report of the Committee of Conference on HB 1464 was read: CONFERENCE COMMITTEE REPORT ON HB 1464 The Conference Committee on HB 1464 reports that the Senate conferees have agreed to recede from the Senate position regarding a two-year rate freeze on workers' compensa tion insurance premium rates and to adopt a one-year rate freeze; that the House confer ees have agreed to recede from the House position regarding the definition of the term "accident"; and that all conferees have agreed to increase weekly income benefits for total disability from $115.00 to $135.00 and to include byssinosis as an occupational disease. Therefore, the Conference Committee on HB 1464 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Con ference Committee Substitute to HB 1464 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable W. D. Ballard Senator, 45th District /s/Honorable Render Hill Senator, 29th District FOR THE HOUSE OF REPRESENTATIVES: . .,, ,,,,,.,, , ,,. /s/Honorable Edwin G. Mullinax Representative, 69th District /s/Honorable Charles Martin Representative, 60th District /s/Honorable Kyle T. Cobb Senator, 28th District /s/Honorable Don Castleberry Representative, lllth District A BILL To amend Code Title 114, relating to workers' compensation, as amended, so as to provide for the use of certain guides to the evaluation of permanent impairment; to pro vide that the basic rates for policies or contracts of insurance against liability for workers' compensation shall be maintained at a certain level; to provide for procedures relative to the foregoing; to provide for hearings and appeals; to change certain provisions relative to the payment of workers' compensation benefits for total disability; to change the provi sions relating to occupational diseases so as to include byssinosis; to change the definition of the term "occupational disease"; to define the term "byssinosis"; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. 3340 JOURNAL OF THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 0.5. Code Title 114, relating to workers' compensation, as amended, is amended by striking Code Section 114-102 in its entirety and inserting in lieu thereof a new Code Section 114-102 to read as follows: "114-102. 'Injury' and 'personal injury' defined; evaluation of permanent impairment. (a) 'Injury' and 'personal injury' shall mean only injury by accident arising out of and in the course of the employment and shall not, except as hereinafter provided, include a disease in any form except where it results naturally and unavoidably from the acci dent, nor shall 'injury' and 'personal injury' include injury caused by the wilful act of a third person directed against an employee for reasons personal to such employee, nor shall 'injury' and 'personal injury' include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, or thrombosis, unless it is shown by pre ponderance of competent and creditable evidence that it was attributable to the per formance of the usual work of employment. Alcoholism or disabilities attributable thereto shall not be deemed to be 'injury' or 'personal injury' by accident arising out of and in the course of the employment. Drug addiction or disabilities resulting there from shall not be deemed to be 'injury' or 'personal injury' by accident arising out of and in the course of employment except when such addiction was caused by the use of drugs or medicines prescribed for the treatment of the initial injury by an authorized physician. (b) In all cases arising under the 'Georgia Workers' Compensation Act,' any percent age of disability or bodily loss ratings shall be based upon 'Guides to the Evaluation of Permanent Impairment' published by the American Medical Association or any other recognized medical books or guides." Section 1. Said Code Title 114 is further amended by striking Code Section 114-404 in its entirety and inserting in lieu thereof a new Code Section 114-404 to read as follows: "114-404. Income benefits for total disability. While the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $116.00 $135.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the aver age weekly wage." Section 2. Said Code Title 114 is further amended by adding a new Code section between Code Sections 114-609 and 114-610, as amended, to be designated Code Section 114-609.1, to read as follows: "114-609.1. (a) Notwithstanding any other provision of law, all insurers issuing poli cies or contracts of insurance against the liability for compensation under this chapter shall comply with the following provisions. Each insurer's basic rate for policies or con tracts of insurance against the liability for compensation under this chapter shall not exceed the insurer's effective rate approved by and on file with the Insurance Commis sioner as of the effective date of this Code section. These rates shall remain in effect until April 1, 1983. (b) There shall be no exception to the requirements of subsection (a) of this Code section unless the Insurance Commissioner finds, after a hearing upon the written request of an insurer, that the use of the rates required under subsection (a) of this Code section by the insurer will result in rates which are inadequate to the extent that: (1) Such rates do not properly reflect the insurer's loss experience in this state to the extent that its earned premiums would not equal its incurred losses or expenses; or (2) Such rates jeopardize the solvency of the insurer required to use such rates. (c) The insurer shall have the burden of showing that the use of the rate required under subsection (a) of this Code section will result in rates which are inadequate to the extent that they do not properly reflect the insurer's loss experience in this state or that their use would jeopardize its solvency. No insurer shall be relieved of using the required FRIDAY, MARCH 26, 1982 3341 rates if its most recently available experience on such lines of business shows a net underwriting gain unless, on the basis of statistical data, pertinent judgment, and trend factors, no other reasonable conclusion would be appropriate. (d) Upon conclusion of any hearing held pursuant to this chapter, the Insurance Commissioner shall enter his order specifying the rates required to be used by the insurer. The Commissioner shall indicate in his order all the factors entering into a deci sion relieving an insurer from full compliance with this Code section. The provisions of Code Chapter 56-2 shall apply to hearings held under this Code section. (e) Any insurer appealing from a final order of the Insurance Commissioner may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the Commissioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Code section. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of 12 percent per annum." Section 3. Said Code Title 114 is further amended by striking Code Section 114-801 in its entirety and inserting in lieu thereof a new Code Section 114-801 to read as follows: "114-801. General provisions.--Where the employer and employee are subject to the provisions of the workers' compensation law, the disablement or death of an employee resulting from an occupational disease as hereinafter listed and defined, shall be treated as the happening of an injury by accident, and the employee or, in the case of his death, his dependents, shall be entitled to compensation as provided by the workers' compensa tion law, except as hereinafter provided, and the practice and procedure prescribed in such law shall apply to all the proceedings under this Chapter except as hereinafter oth erwise provided: Provided, however, that in no case shall an employer be liable for com pensation under the provisions of this Chapter except for a disease specified in section 114-803, and unless such disease arose out of and in the course of employment and has resulted from the nature of the employment in which the employee was engaged under such employer and was actually contracted while engaged, meaning by 'nature of the employment' that to the occupation in which the employee was so engaged, there is attached the particular hazard of such disease that distinguishes it from the usual run of occupations and is in excess of the hazards of such disease attending employment in general, and unless disablement or death results within three years in the case of byssinosis, silicosis or asbestosis or within one year in the case of any other occupational disease after the last injurious exposure to the hazard of such disease in such employ ment, or, in case of death, unless death follows continuous disability from such disease commencing within the period above limited for which compensation has been paid or awarded or timely claim made as provided by the workers' compensation law, and results within seven years after such last exposure. Except, however, in cases of disabil ity or death caused by exposure to X-rays or radioactive substances as listed and defined under section 114-803-2, the time for the filing of such claims shall be within one year after the date upon which the employee first suffered disability from the expo sure of X-ray and either knew or in the exercise of reasonable diligence should have known that the occupational disease was caused by his present or prior employment. Notwithstanding any other provisions of law, in cases of disability or death resulting from byssinosis as defined in subsection (c) of Code Section 114-812, the time for filing claims shall be as provided by this Code Title; provided, however, that, with respect to cases of disability diagnosed as byssinosis prior to July 1^ 1983, such claims shall be filed prior to July 1^ 1984." Section 4. Said title is further amended by adding at the end of Code Section 114-803 the following: "6. byssinosis." Section 5. Said title is further amended by striking Code Section 114-812 in its entirety and inserting in lieu thereof a new Code Section 114-812 to read as follows: "114-812. Definition of 'silicosis/ ad 'asbestosis^' and 'byssinosis.'--(a) Whenever used in this Chapter, 'silicosis' shall mean a disease of the lungs caused by breathing 3342 JOURNAL OF THE HOUSE, silica dust (silicon dioxide) producing fibrous nodules, distributed through the lungs and demonstrated by X-ray examination or by autopsy. (b) Wherever used in this Chapter 'asbestosis' shall mean a disease of the lungs, caused by breathing asbestos dust, characterized anatomically by generalized fibrotic changes in the lungs, demonstrated by X-ray examination or by autopsy. (c) Wherever used in this Chapter, 'byssinosis' shall mean a pulmonary disease due to exposure to cotton dust for a period of seven years or longer and diagnosed as such by a doctor certified as a pulmonary specialist by the American Board of Internal Medi cine." Part 2 Section 5.5. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by adding at the end of Code Section 34-9-1 a new paragraph (5) to read as follows: "(5) In all cases arising under Chapter 9 of Title 34, any percentage of disability or bodily loss ratings shall be based upon 'Guides to the Evaluation of Permanent Impair ment' published by the American Medical Association or any other recognized medical books or guides." Section 6. Said chapter is further amended by adding a new Code section between Code Sections 34-9-130 and 34-9-131, to be designated Code Section 34-9-130.1, to read as follows: "34-9-130.1 (a) Notwithstanding any other provision of law, all insurers issuing poli cies or contracts of insurance against the liability for compensation under this chapter shall comply with the following provisions. Each insurer's basic rate for policies or con tracts of insurance against the liability for compensation under this chapter shall not exceed the insurer's effective rate approved by and on file with the Insurance Commis sioner as of the effective date of this Code section. These rates shall remain in effect until April 1, 1983. (b) There shall be no exception to the requirements of subsection (a) of this Code section unless the Insurance Commissioner finds, after a hearing upon the written request of an insurer, that the use of the rates required under subsection (a) of this Code section by the insurer will result in rates which are inadequate to the extent that: (1) Such rates do not properly reflect the insurer's loss experience in this state to the extent that its earned premiums would not equal its incurred losses or expenses; or (2) Such rates jeopardize the solvency of the insurer required to use such rates. (c) The insurer shall have the burden of showing that the use of the rate required under subsection (a) of this Code section will result in rates which are inadequate to the extent that they do not properly reflect the insurer's loss experience in this state or that their use would jeopardize its solvency. No insurer shall be relieved of using the required rates if its most recently available experience on such lines of business shows a net underwriting gain unless, on the basis of statistical data, pertinent judgment, and trend factors, no other reasonable conclusion would be appropriate. (d) Upon conclusion of any hearing held pursuant to this chapter, the Insurance Commissioner shall enter his order specifying the rates required to be used by the insurer. The Commissioner shall indicate in his order all the factors entering into a deci sion relieving an insurer from full compliance with this Code section. The provisions of Chapter 33-2 shall apply to hearings held under this Code section. (e) Any insurer appealing from a final order of the Insurance Commissioner may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the Commissioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Code section. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of 12 percent per annum." FRIDAY, MARCH 26, 1982 3343 Section 7. Said chapter is further amended by striking Code Section 34-9-261 in its entirety and inserting in lieu thereof a new Code Section 34-9-261 to read as follows: "34-9-261. While the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to twothirds of the employee's average weekly wage but not more than $116.00 $135.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage." Section 8. Said chapter is further amended by striking Code Section 34-9-280 in its entirety and inserting in lieu thereof a new Code Section 34-9-280 to read as follows: "34-9-280. As used in this article, the term: (1) 'Asbestosis' means a disease of the lungs which is caused by breathing asbestos dust and which is characterized anatomically by generalized fibrotic changes in the lungs as demonstrated by X-ray examination or by autopsy. (2) 'Disablement' means the event of an employee becoming actually incapacitated because of occupational disease from performing his work in the last occupation in which he was injuriously exposed to the hazards of such disease or from performing any work in any other occupation for remuneration. Remuneration for work performed in any other occupation, as herein used, shall mean remuneration which equals or exceeds 33 Vi percent of the average weekly wages of the employee at the time of last injurious exposure, as determined under Code Section 34-9-260, or $20.00 per week, whichever is less. 'Disability' means the state of being so totally incapacitated. (3) 'Occupational disease' means those diseases listed in this paragraph, but only if any such listed disease is due to causes and conditions which are characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is exposed to such disease (excluding all ordinary diseases of life to which the general public is exposed): (A) Poisoning by: (i) Arsenic; (ii) Benzol (benzene); (Hi) Cadmium; (iv) Carbon disulfide; (v) Carbon monoxide; (vi) Chlorine; (vii) Chromium; (viii) Cutting compounds; (ix) Halogenated hydrocarbons; (x) Hydrochloric acid; (xi) Hydrocyanic acid; (xii) Hydrofluoric acid; (xiii) Hydrogen sulfide; (xiv) Lead; (xv) Manganese; (xvi) Mercury; (xvii) Methanol (wood alcohol); (xviii) Nitric acid; (xix) Nitrous fumes (oxides of nitrogen); (xx) Sulfur dioxide; (xxi) Sulfuric acid; and (xxii) Zinc; (B) Diseased condition caused by exposure to X-rays or radioactive substances; (C) Asbestosis; (D) Silicosis; asd (E) Byssinosis; and {B) (F) Other occupational diseases, provided the employee or the employee's dependents first prove to the satisfaction of the State Board of Workers' Compensa tion (or the medical board, if the matter in controversy is referred to it under Code Section 34-9-311) all of the following: 3344 JOURNAL OF THE HOUSE, (i) A direct causal connection between the conditions under which the work is performed and the disease; (ii) That the disease followed as a natural incident of exposure by reason of the employment; (iii) That the disease is not of a character to which the employee may have had substantial exposure outside of the employment; (iv) That the disease is not an ordinary disease of life to which the general public is exposed; (v) That the disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural conse quence. For the purposes of this subparagraph, partial loss of hearing due to noise shall not be considered an occupational disease. (4) 'Silicosis' means a disease of the lungs which is caused by breathing silica dust (silicon dioxide) and which produces fibrous nodules distributed through the lungs as demonstrated by X-ray examination or by autopsy. (5) 'Byssinosis' means a pulmonary disease due to exposure to cotton dust for a period of seven years or longer and diagnosed as such by a doctor certified as a pul monary specialist by the American Board of Internal Medicine." Section 9. Said chapter is further amended by adding at the end of Code Section 34-9-281 a new subsection, to be designated subsection (d), to read as follows: "(d) In cases of disability or death resulting from byssinosis as defined in paragraph (5) of Code Section 34-9-280, the time for filing claims shall be as provided by this chap ter; provided, however, that, with respect to cases of disability diagnosed as byssinosis prior to July 1, 1983, such claims shall be filed prior to July 1, 1984." PartS Section 10. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 11. All laws and parts of laws in conflict with this Act are repealed. Representative Castleberry of the lllth moved that the report of the Committee of Conference on HB 1464 be adopted. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Adams.M Y Aiken Y Anderson NArgo N Auten N Balkcom N Bargeron N Baugh Beat Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch Bray Y Brooks YBuck Y Burruss N Burton YByrd N Cason Y Castleberry Chamberlin N Chambless Y Chance Y Cheeks Y Childers Y Childa Clark.B N Clark,L Y Colbert Coleman Collins Colwell Y Connell Y Couch NCox Y Crawford Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Y Davis.B N Davis,J Y Davis.L Dean * Dent Y Dixon N Dobbs N Dover Y Edwards N Elliott N Evans N Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover N Godbee Y Greer Ham Hamilton Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson Irvin Y Isakson N Jackson,J N 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 N Lane.R N Lawson YLee N Logan N Long Lord Y Lowe Y Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews N McColIum FRIDAY, MARCH 26, 1982 3345 N McDonald McKinney Miles NMilford N Montgomery Y Moody N Moore Y Mostiler Y Mullinax YNicholson Y Nix N Oliver Y Padgett N Parham N Patten N Perry Y Peters Y Phillips.B N Phillips.L.L Y Phillips.R.T Y Phillips.W.R Y Pilewicz Pinkston YRainey N Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson N Rose N Ross Y Rowland Y Russell Savage Y Scott,A Scott,D N Shepard N Sherrod N Sizemore Y Smith.T Smith, V Smyre Y Snow Y Steinberg Swann Y Thomas Y Thompson Y Townsend Y Triplet! Tuten N Twiggs Y Vandiford Y Vaughn Veazey Waddle Y Walker Y Wall Y Ware N Watson Y White N Widener N Williams,B.J Williams,H Williams,R Y Wilson Y Wood,J N Wood,J.T Y Workman Speaker Murphy On the motion, the ayes were 97, nays 45. The motion prevailed. HB 291. By: Representatives Harrison and Isakson of the 20th, Darden of the 19th, and Nix of the 20th: A BILL to amend an Act establishing the Teachers' Retire ment System of Georgia, so as to change a provision relative to a definition; and for other purposes. The following report of the Committee of Conference on HB 291 was read: CONFERENCE COMMITTEE REPORT ON HB 291 The Conference Committee on HB 291 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 291 be adopted. Respectfully submitted, FOR THE SENATE: /s/HSoennaotroarb,le30WthaDyniestrGicatrner /s/Honorable Terrell A. Starr Senator, 44th District FOR THE HOUSE OF REPRESENTATIVES: /s/_HTonorabl,e Carl HTTarri.son Representative, 20th District /s/Honorable Johnny Isakson Representative, 20th District /s/Honorable Horace E. Tate Senator, 38th District /s/Honorable Rudolph Johnson Representative, 72nd District A BILL To amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved April 16, 1979 (Ga. L. 1979, 1196), so as to provide creditable service for certain prior service as a mem ber of a certain local retirement fund; to provide conditions relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved April 16, 1979 (Ga. L. 1979, 1196), is amended by adding at the end of Section 4 a new subsection (7) to read as follows: 3346 JOURNAL OF THE HOUSE, "(7) (a) As used in this subsection the terms 'independent school system' and 'local retirement fund' shall have the same meaning as defined by subparagraphs (ii) and (iii) of paragraph (a) of subsection (8) of Section 9 of this Act. (b) Any active member who was employed by an independent school system prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retirement fund of such independent school system and had a vested right to benefits thereunder and who has not withdrawn employee contributions from the local retirement system shall receive creditable service under this Act equivalent to the creditable service the member had under said local retirement fund subject to the fol lowing conditions: (i) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system shall pay to the Board of Trustees the total amount of employee contributions credited to the mem ber under the local retirement fund plus applicable accrued regular interest (as determined by the Board of Trustees) which would have accumulated on such con tributions. Such payment must be paid to the Board of Trustees, in a manner pre scribed by the Board, by not later than January 1, 1983, or by the date of retirement, if the member retires prior to January 1, 1983. (ii) The member shall pay to the Board of Trustees the amount of contributions which would have been paid by the member to the Teachers' Retirement System if the member had been a member of the Teachers' Retirement System for the period of creditable service the member had under the local retirement fund plus applicable accrued regular interest (as determined by the Board of Trustees) which would have accumulated on such contributions, but the amount otherwise payable hereunder shall be reduced by the amount paid to the Board of Trustees under sub- paragraph (i) of this paragraph. Such payment must be made to the Board of Trust ees, in a manner prescribed by the Board, by not later than January 1, 1983, or by the date of retirement if the member retires prior to January 1, 1983. Creditable service under this paragraph shall not be granted to the member until the payment required by this subparagraph has been made to the Board of Trustees. (iii) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system, shall pay to the Board of Trustees the amount of employer contributions for such creditable service, which would have been paid to the Teachers' Retirement System had the teacher been a member of the Teachers' Retirement System at the time the service was ren dered, plus applicable accrued regular interest thereon (as determined by the Board of Trustees). (iv) No creditable service under this paragraph may be obtained for creditable service under a local retirement fund unless the member has forfeited any right to receive a retirement benefit under the local retirement fund. (v) No creditable service under this paragraph may be obtained if such credit able service would not be allowable under other provisions of this Act. (vi) Paragraphs (i), (j), and (k) of subsection (8) of Section 9 of this Act shall apply to payments required by this paragraph. (c) Any active member who was employed by an independent school system prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retirement fund of such independent school system and had no vested right to benefits thereunder and who has withdrawn employee contributions from the local retirement fund and who had 17 years or more of creditable service with that local retirement fund shall receive creditable service under this Act equivalent to the credit able service the member had under said local retirement fund upon the payment by the member to the Board of Trustees of the amount of contributions which would have been paid by the member to the Teachers' Retirement System if the member had been a member of the Teachers' Retirement System for the period of creditable service the member had under the local retirement fund, plus applicable accrued regu lar interest (as determined by the Board of Trustees) which would have accumulated on such contributions. Such payment must be paid to the Board of Trustees in a man ner prescribed by the Board by not later than January 1, 1983, or by the date of FRIDAY, MARCH 26, 1982 3347 retirement if the member retires prior to January 1, 1983. Creditable service under this paragraph shall not be granted until the payment required by this paragraph has been made to the Board of Trustees. Subparagraphs (iv) and (v) of paragraph (b) of this subsection shall apply to creditable service obtained under this paragraph." Part 2 Section 2. Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to creditable service under the Teachers Retirement System, is amended by adding between Code Sections 47-3-87 and 47-3-88 a new Code Section 47-3-87.1 to read as follows: "47-3-87.1. (a) As used in this Code section the terms 'independent school system' and 'local retirement fund' shall have the same meaning as defined by paragraphs (1) and (2) of subsection (a) of Code Section 47-3-66. (b) Any active member who was employed by an independent school system prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retirement fund of such independent school system and had a vested right to benefits thereunder and who has not withdrawn employee contributions from the local retire ment system shall receive creditable service under this chapter equivalent to the credit able service the member had under said local retirement fund subject to the following conditions: (1) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system shall pay to the board of trustees the total amount of employee contributions credited to the member under the local retirement fund plus applicable accrued regular interest (as determined by the board of trustees) which would have accumulated on such contributions. Such pay ment must be paid to the board of trustees, in a manner prescribed by the board, by not later than January 1, 1983, or by the date of retirement, if the member retires prior to January 1, 1983. (2) The member shall pay to the board of trustees the amount of contributions which would have been paid by the member to the Teachers Retirement System if the member had been a member of the Teachers Retirement System for the period of creditable service the member had under the local retirement fund plus applicable accrued regular interest (as determined by the board of trustees) which would have accumulated on such contributions, but the amount otherwise payable hereunder shall be reduced by the amount paid to the board of trustees under paragraph (1) of this subsection. Such payment must be made to the board of trustees, in a manner pre scribed by the board, by not later than January 1, 1983, or by the date of retirement if the member retires prior to January 1, 1983. Creditable service under this subsec tion shall not be granted to the member until the payment required by this paragraph has been made to the board of trustees. (3) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system, shall pay to the board of trustees the amount of employer contributions for such creditable service, which would have been paid to the Teachers Retirement System had the teacher been a member of the Teachers Retirement System at the time the service was rendered, plus applica ble accrued regular interest thereon (as determined by the board of trustees). (4) No creditable service under this subsection may be obtained for creditable ser vice under a local retirement fund unless the member has forfeited any right to receive a retirement benefit under the local retirement fund. (5) No creditable service under this subsection may be obtained if such creditable service would not be allowable under other provisions of this chapter. (6) Subsections (i), (j), and (k) of Code Section 47-3-66 shall apply to payments required by this subsection. (c) Any active member who was employed by an independent school system prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retirement fund of such independent school system and had no vested right to benefits thereunder and who has withdrawn employee contributions from the local retirement 3348 JOURNAL OF THE HOUSE, fund and who had 17 years or more of creditable service with that local retirement fund shall receive creditable service under this chapter equivalent to the creditable service the member had under said local retirement fund upon the payment by the member to the board of trustees of the amount of contributions which would have been paid by the member to the Teachers Retirement System if the member had been a member of the Teachers Retirement System for the period of creditable service the member had under the local retirement fund, plus applicable accrued regular interest (as determined by the board of trustees) which would have accumulated on such contributions. Such payment must be paid to the board of trustees in a manner prescribed by the board by not later than January 1, 1983, or by the date of retirement if the member retires prior to Janu ary 1, 1983. Creditable service under this subsection shall not be granted until the pay ment required by this subsection has been made to the board of trustees. Paragraphs (4) and (5) of subsection (b) of this Code section shall apply to creditable service obtained under this subsection." Part3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Johnson of the 72nd moved that the report of the Committee of Con ference on HB 291 be adopted. 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 YArgo N Auten N Balkcom N Bargeron Y Baugh Beal Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster N Branch Bray Y Brooks YBuck Y Burruss Y Burton YByrd YCason 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 NCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Y Davis3 Y Davis,J Davis,L Dean Dent YDUon Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Pelton N Fortune Y Poster Y Fuller.C YGaler Y Ginsberg Glover Godbee YGreer Ham Hamilton Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson Irvin Y Isakson Y Jackson,J Y Jackson.N Y Jackson.W Y Jessup Y Johnson ,G Y Johnson.R N Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane.D N Lane.R Y Lawson YLee Y Logan YLong Lord YLowe Lucas Y Mangum Mann Y Marcus Y Martin On the motion, the ayes were 126, nays 12. Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery N Moody N Moore Y Mostiler Mullinax Y Nicholson YNix Y Oliver Y Padgett YParham Y Patten Y Perry Peters Y Phillips,B Phillips,L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Y Pinkston Rainey N Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Savage Y Scott,A Y Scott,D N Shepard Y Sherrod Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Swann Y Thomas Y Thompson Y Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker Y Wall Ware Y Watson White Widener Y Williams,B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy FRIDAY, MARCH 26, 1982 3349 The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 555. By: Senators Tate of the 38th, Coverdell of the 40th, Allgood of the 22nd and others: A BILL to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to the transfer of teachers under a cer tain independent school system to the Teachers' Retirement System; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following substitute, offered by Representatives Johnson of the 72nd and Harrison of the 20th, was read and adopted: A BILL To amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to provide creditable service for certain prior service as a member of a certain local retirement fund; to provide conditions relative thereto; to change the provisions relative to the transfer of teachers under a certain inde pendent school system to the Teachers' Retirement System; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is amended by adding at the end of Section 4 a new subsection (7) to read as follows: "(7) (a) As used in this subsection the terms 'independent school system' and 'local retirement fund' shall have the same meaning as defined by subparagraphs (ii) and (iii) of paragraph (a) of subsection (8) of Section 9 of this Act. (b) Any active member who was employed by an independent school system for at least 17 years prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retirement fund of such independent school system shall receive creditable service under this Act equivalent to the creditable service the member had under said local retirement fund subject to the following conditions: (i) The member shall pay to the Board of Trustees the amount of contributions which would have been paid by the teacher to the Teachers' Retirement System if the member had been a member of the Teachers' Retirement System for the period of creditable service the member had under the local retirement fund plus applica ble accrued regular interest, as determined by the Board of Trustees, which would have accumulated on such contributions. Such payment must be made to the Board of Trustees, in a manner prescribed by the Board, by not later than January 1, 1983, or by the date of retirement if the member retires prior to January 1, 1983. Creditable service under this subsection shall not be granted to the member until the payment required by this subparagraph has been made to the Board of Trust ees; (ii) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the independent school system, or both, or their suc cessors in interest shall pay to the Board of Trustees the amount of employer con tributions for such creditable service, which would have been paid to the Teachers' Retirement System had the teacher been a member of the Teachers' Retirement System at the time the service was rendered, plus applicable accrued regular inter est thereon, as determined by the Board of Trustees; 3350 JOURNAL OF THE HOUSE, (iii) No creditable service under this subsection may be obtained for creditable service under a local retirement fund unless the member has withdrawn the member's contributions from the local retirement fund and forfeited any right to receive a retirement benefit under the local retirement fund; (iv) No creditable service under this subsection may be obtained if such credit able service would not be allowable under other provisions of this Act; and (v) Paragraphs (i), (j), and (k) of subsection (8) of Section 9 of this Act shall apply to payments required by this subsection." Section 2. Said Act is further amended by striking paragraph (e) of subsection (8) of Section 9 in its entirety and substituting in lieu thereof a new paragraph (e) to read as follows: "(e) Each teacher becoming a member of the Teachers' Retirement System pursuant to paragraph (c) of this subsection shall pay to the Board of Trustees the amount of contributions which would have been paid by the teacher to the Teachers' Retirement System had the teacher been a member of the Teachers' Retirement System during the period of creditable service established pursuant to paragraph (c) of this subsection, plus the applicable accrued interest {as determined by the Beard of Trustees^ as hereinafter provided, which would have accumulated on such contributions, less the amount paid on behalf of each such teacher pursuant to paragraph (d) of this subsection. Interest which would have accumulated on such contributions shall be computed on the basis of regular accrued interest until January 1^ 1982, and on the basis of 16 percent per annum from January lj 1982, until the payment required herein is made. The Board of Trustees shall determine the amount required to be paid as interest. Such payment shall and must be made to the Board of Trustees in the manner prescribed by the Board of Trustees by not later than January 1; 1082 December 31, 1983, or by the date of retirement for any teacher who retires prior to January i; 1082 December 31, 1983, whichever is earlier." Part 2 Section 3. Code Section 47-3-66 of the Official Code of Georgia Annotated, relating to membership of teachers who are employed by certain independent school systems, is amended by striking subsection (e) in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: "(e) Each teacher who becomes a member of the retirement system pursuant to sub section (c) of this Code section shall pay to the board of trustees the amount of contri butions which would have been paid by the teacher to the retirement system had the teacher been a member of the retirement system during the period of creditable service established pursuant to subsection (c) of this Code section, plus the applicable accrued regular interest, as determined by the beard ef trustees as hereinafter provided, which would have accumulated on such contributions, less the amount paid on behalf of each such teacher pursuant to subsection (d) of this Code section. Interest which would have accumulated on such contributions shall be computed on the basis of regular accrued interest until January 1^ 1982, and on the basis of 16 percent per annum from January li 1982, until the payment required herein is made. The board of trustees shall deter mine the amount to be paid as interest. Such payment shall and must be made to the board of trustees in the manner prescribed by the board of trustees by not later than January 4; 1982 December 31, 1983, or by the date of retirement for any teacher who retires prior to January i; 4982 December 31, 1983, whichever is earlier." Section 4. Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, is amended by adding at the end of Article 5 a new Code Section 47-3-90 to read as follows: "47-3-90. (a) As used in this Code section the terms 'independent school system' and 'local retirement fund' shall have the same meaning as defined by paragraphs (1) and (2) of subsection (a) of Code Section 47-3-66. (b) Any active member who was employed by an independent school system for at least 17 years prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retirement fund of such independent school system shall FRIDAY, MARCH 26, 1982 3351 receive creditable service under this chapter equivalent to the creditable service the member had under said local retirement fund subject to the following conditions: (1) The member shall pay to the board of trustees the amount of contributions which would have been paid by the teacher to the Teachers Retirement System if the member had been a member of the Teachers Retirement System for the period of creditable service the member had under the local retirement fund plus applicable accrued regular interest, as determined by the board of trustees, which would have accumulated on such contributions. Such payment must be made to the board of trustees, in a manner prescribed by the board, by not later than January 1, 1983, or by the date of retirement if the member retires prior to January 1, 1983. Creditable service under this Code section shall not be granted to the member until the payment required by this paragraph has been made to the board of trustees; (2) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the independent school system, or both, or their succes sors in interest shall pay to the board of trustees the amount of employer contribu tions for such creditable service, which would have been paid to the Teachers Retirement System had the teacher been a member of the Teachers Retirement Sys tem at the time the service was rendered, plus applicable accrued regular interest thereon, as determined by the board of trustees; (3) No creditable service under this Code section may be obtained for creditable service under a local retirement fund unless the member has withdrawn the member's contributions from the local retirement fund and forfeited any right to receive a retirement benefit under the local retirement fund; (4) No creditable service under this Code section may be obtained if such credit able service would not be allowable under other provisions of this chapter; and (5) Subsections (i), (j), and (k) of Code Section 47-3-66 shall apply to payments required by this Code section." Part3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron YAdam8,G Y Adams,J Y Adams.M Y Aiken Y Andereon Y Argo N Auten N Balkcom Bargeron Y Baugh Beal Y Beck YBenefleld Y Benn Y Birdsong Bishop Y Bolster N Branch Y Bray Brooks Y Buck Y Burruss Y Burton Y Byrd Cason Y Castleberry N Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B N Clark.L Y Colbert Coleman Collins Y Colwell Y Connell Y Couch Cox Y Crawford N Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Davis.B N Davis,J Davis,L Dean Dent Dixon Y Dobbs Y Dover Y Edwards N Elliott Y Evans Y Felton N Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Godbee Y Greer Y Ham Hamilton Hanner Y Harris Y Harrison Y Hasty Y Hawkins Y Hays Hill Y Holmes Y Hooks Home Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N N Jackson, W Y Jessup Y Johnson.G Y Johnson.R N Jones,B Y Jones.H N Karrh Y Kemp Y Kilgore Y Lambert 3352 JOURNAL OF THE HOUSE, Y Lane,D N Lane.R Y Lawson Y Lee Y Logan Y Long Lord Y Lowe Lucas Y Mangum Mann Marcus Y Martin N Matthews YMcCollum Y McDonald McKinney Miles N Milford Y Montgomery N Moody N Moore N Mostiler Mullinax Y Nicholson Y Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Peters Y Phillips.B Phillips,L.L Y Phillips,R.T N Phillips,W.R Y Pilewicz Y Pinkston Rainey N Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson Y Rose Y Ross Y Rowland Y Russell Savage Y Scott,A Y Scott.D N Shepard Y Sherrod N Sizemore Y Smith.T Smith, V Smyre Y Snow Y Steinberg Swann Thomas Y Thompson Y Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker Y Wall Ware Y Watson Y White N Widener Y Williams,B.J Williams.H 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 114, nays 23. The Bill, having received the requisite constitutional majority, was passed, by substi tute. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has agreed to the House substitute as amended by the Senate, to the fol lowing Bill of the Senate: SB 531. By: Senators Coverdell of the 40th, Scott of the 43rd, Allgood of the 22nd and others: A BILL to amend an Act known as the "Statewide Probation Act," so as to provide that county probation systems shall become a part of the state wide probation system effective on certain dates and shall be funded as a part of the statewide probation system; to amend the Official Code of Georgia Anno tated accordingly; and for other purposes. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1435. By: Representatives Parham of the 109th and Baugh of the 108th: A BILL to amend Code Title 79A, relating to the manufacture, production, distribution, and use of drugs, medicines, poisons, so as to amend the list of dangerous drugs; to amend the exemptions from the list of dangerous drugs; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following report of the Committee of Conference on HB 1435 was read: CONFERENCE COMMITTEE REPORT ON HB 1435 The Conference Committee on HB 1435 recommends that the Senate recede from its amendment and that the following amendment be adopted: Amend HB 1435 as it passed the House by striking on page 3, line 13, and on page 58, line 3, the following: "$500.00", and inserting in lieu thereof the following: FRIDAY, MARCH 26, 1982 3353 "$1,500.00". FOR THE SENATE: /s/Honorable Hugh M. Gillis, Sr. Senator, 20th District /s/Honorable Pierre Howard Senator, 42nd District /s/Honorable Culver Kidd Senator, 25th District Respectfully submitted, FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Wilbur Edwin Baugh Representative, 108th District /s/Honorable Bobby Eugene Parham Representative, 109th District /s/Honorable J. Roy Rowland Representative, 119th District Representative Rowland of the 119th moved that the House adopt the report of the Committee of Conference on HB 1435. 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 YArgo Auten Y Balkcom Bargeron Y Baugh Beal YBeck Y Benefield YBenn Y Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Y Burruas Y Burton YByrd YCason Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Y Colbert Coleman Y Collins Y Colwell Conneli Y Couch Cox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Davis.B Y Davis,J Davis,L Dean Dent Y Dixon Dobbs Y Dover Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C Galer Y Ginsberg Glover Y Godbee Y Greer YHam Hamilton Manner Y Harris Harrison Y Hasty Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson Ylrvin Y Isakson Y Jackson,J Jackson.N Y Jackson, W Jessup Johnson,G Johnson,R Y Jones.B Y Jones.H Y Karrh Kemp Y Kilgore Y Lambert Y Lane,D Y Lane.R Y Lawson YLee Y Logan YLong Lord YLowe Y Lucas Y Mangum Mann Marcus Y Martin On the motion, the ayes were 126, nays 0. The motion prevailed. Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Peters Y Phillips.B Y Phillips.L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Pinkston Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Savage Y Scott.A Y Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith,V Smyre YSnow Y Steinberg Y Swann Thomas Y Thompson Y Townsend Y Triplett Tuten Y Twiggs Vandiford Y Vaughn Veazey Y Waddle Y Walker Y Wall Ware Y Watson Y White Y Widener Y Williams,B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto: HB 1847. By: Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th, Chance of the 129th and Lambert of the 112th: A BILL to provide the compen sation of judges of certain courts of limited jurisdiction; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. 3354 JOURNAL OF THE HOUSE, The following Senate substitute was read: A BILL To provide the compensation of judges of certain courts of limited jurisdiction; to pro vide definitions; to provide for applicability; to provide for the procedures whereby the governing authority of a county shall select the method of compensating the judges; to provide for alternative compensation plans for judges of courts of limited jurisdiction; to provide for the operation and administration of these plans; to provide for the designation of judges as full-time judges and part-time judges of courts of limited jurisdiction; to pro vide for certain reports; to provide penalties; to provide for the disposition of certain funds; to provide for the scheduling of judges; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of cer tain provisions of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. Short Title. This Act shall be known and may be cited as the "Courts of Limited Jurisdiction Compensation Act of 1982." Section 2. Definitions. As used in this Act, the term: (1) "Court of limited jurisdiction" means a justice of the peace court, a small claims court, or any other court in which the judge is compensated, in whole or in part, from fees charged and collected for the performance of the duties of said court. (2) "Full-time judge" means a judge who serves on a continuing basis and who devotes a minimum of 40 hours per week to the performance of the official duties of his judicial office and whose court is open for the transaction of the public's business during normal working hours in accordance with Code Section 23-103. (3) "Fund" means the Courts of Limited Jurisdiction Fund created by Section 6 of this Act. (4) "Judge" means a justice of the peace, as defined in paragraph (5) of this sec tion, a judge of a small claims court who has been duly certified by the Georgia Jus tice Courts Training Council in accordance with an Act approved March 14, 1978 (Ga. L. 1978, p. 894), as amended, or who is exempt from certification, or a judge of any other court to which the provisions of this Act shall apply. (5) "Justice of the peace" means a justice of the peace or a notary public ex officio justice of the peace who has been duly certified by the Georgia Justice Courts Train ing Council in accordance with an Act approved March 14, 1978 (Ga. L. 1978, p. 894), as amended. (6) "Part-time judge" means any judge other than a full-time judge, provided such judge devotes a minimum of 20 hours per week to the performance of the official duties of his judicial office. (7) "Trustee" means a person designated to administer the Courts of Limited Jurisdiction Compensation Fund established by Section 6 of this Act. Section 3. Applicability. The provisions of this Act shall apply to any county con taining a court of this state created pursuant to Article VI of the Constitution of this state or any general or local Act enacted pursuant thereto in which the judge of said court is compensated in whole or in part by fees charged and collected for the performance of the duties of said court. The provisions of this Act shall not apply to any court in which the judge is compensated by the state or any political subdivision thereof on a salaried basis. Section 4. Election of Method of Compensating Judges, (a) The governing authority of each county of this state in which there is a court in which the judge of said court is compensated, in whole or in part, by fees charged and collected for the performance of the duties of said court shall, prior to July 1, 1982, elect to provide compensation for the judges of the courts of limited jurisdiction on a salary basis as provided in Section 5 of FRIDAY, MARCH 26, 1982 3355 this Act or as provided in Section 6 of this Act. The election shall be made in the form of a resolution adopted in accordance with the provisions of Paragraph I of Section II of Article IX of the Constitution relating to home rule for counties. (b) If the governing authority of such county fails to make the election provided for in subsection (a) of this section, the judges of the courts of limited jurisdiction shall be compensated in accordance with Section 6 of this Act. (c) Copies of the resolution electing a method of compensation as provided in this section shall be sent by first-class mail to the judge or judges of the courts of limited juris diction. (d) After June 30, 1983, the governing authority of any county in which the provi sions of this Act are applicable may, after notice and hearing, elect to change from the plan for compensating judges of courts of limited jurisdiction adopted pursuant to subsec tion (a) of this section to the alternative plan authorized by this Act. The governing authority shall give 90 days' notice of its intention to change the plan of compensation. Such notice shall be in writing and shall be accomplished by sending a copy of the notice to each judge affected and to the clerk of the superior court. The change of plan of com pensation shall be made in the form of a resolution adopted in accordance with the provi sions of subsection (a) of this section. However, the amount of compensation paid to any judge pursuant to this Act shall not be reduced as a result of a change in plan of compen sation made in accordance with this subsection. Section 5. Plan of Compensation "A", (a) Effective July 1, 1982, each full-time and part-time judge as determined by Section 7 of this Act shall be compensated by a reason able salary established by the governing authority of the county. The salary shall be the same for all full-time judges and the same for all part-time judges. (b) The governing authority of the county may provide for additional compensation provided that any such additional compensation shall apply uniformly to all judges of courts of limited jurisdiction. (c) The judges of courts of limited jurisdiction who are compensated in accordance with this section shall charge and collect for the official duties performed by them the same fees as are provided by law but any and all such fees so collected shall be the prop erty of the county and shall be paid into the county treasury as provided by an Act approved March 10, 1964 (Ga. L. 1964, p. 337). (d) Expenses for additional personnel, equipment, supplies, and other necessary and reasonable expenses for the operation of the court shall be paid out of such funds as shall be budgeted by the county governing authority for the operation of such courts of limited jurisdiction. Section 6. Plan of Compensation "B". (a) Effective July 1, 1982, in each county which has not adopted a resolution to provide compensation as provided in Section 5, there is established a special fund which shall be known as the "Courts of Limited Juris diction Fund." The fund shall be administered by a trustee as provided in subsections (h), (i), and (j) of this section and shall be subject to the audit and annual report provisions of Sections 8 and 9 of an Act providing local government financial management standards, approved April 8, 1980 (Ga. L. 1980, p. 1738). (b) The judges of courts of limited jurisdiction who are compensated in accordance with this section shall charge and collect for the official duties performed by them the same fees as are provided by law, but any and all fees so collected shall be paid into the fund as provided in subsection (c) of this section. (c) It shall be the duty of each judge of a court of limited jurisdiction to receive and account for all fees charged and collected and, on or before the first Monday of each month, to file with the trustee, on a form provided by the administrative office of the courts, a report of all fees and costs charged and collected during the month next preced ing such report, giving the date, amount, style of the case, if any, and the names of per sons from whom such fees were received, and to pay to the trustee so much as he shall have received. The trustee shall deposit all such fees received in the fund. (d) The trustee shall make disbursements and withdrawals from the fund in order to pay such reasonable and necessary expenses of the courts of limited jurisdiction, includ ing compensation of the trustee, as the chief judge of the superior court may direct. 3356 JOURNAL OF THE HOUSE, (e) Each full-time and part-time judge of a court of limited jurisdiction shall receive an annual salary which shall be determined by order of the judges of the superior court of the county; however, the annual salary shall be the same for all full-time judges and the same for all part-time judges and any salary shall be subject to approval by the county governing authority. (f) The annual salaries of the judges of the courts of limited jurisdiction shall be paid by the trustee in equal monthly installments out of the fund. (g) The judges of the courts of limited jurisdiction may, with the approval of the judges of the superior court, employ such additional personnel as may be necessary for them to perform the duties of their office and fix their salaries. However, such personnel as were regularly employed by a judge of a court of limited jurisdiction on or before March 1, 1982, shall be approved unless the judges of the superior court find that the anticipated revenue to be received from fees charged and collected will be insufficient to pay the sala ries of the judges and such additional personnel of the courts of limited jurisdiction and the reasonable and necessary expenses of such courts. (h) The judges of the courts of limited jurisdiction may, with the approval of the judges of the superior court, select some competent person to serve as trustee of the fund. The judges of the superior court shall by order appoint said person and a copy of the appointment shall be recorded on the minutes of the superior court. Any person appointed trustee of the fund shall, before entering into the duties of said office, take and subscribe to the oath of office prescribed by Code Section 89-302 and shall execute a bond with good security in the same amount as is prescribed by law for the clerk of the superior court of the county in which said trustee shall serve. Said bond shall be payable to the clerk of the superior court and conditioned for the faithful discharge of the trustee's duties. The trustee shall serve at the pleasure of the judges of the superior court. (i) The trustee of the fund shall annually, on or before the first day of January, file with the clerk of the superior court a full statement of all receipts and disbursements and a full statement and schedule of all funds in his hands as trustee. (j) Any person who is eligible to be appointed a trustee under the laws of this state, including the holder of any other public office under the laws of this state or any political subdivision thereof, may be appointed trustee of the fund. (k) In the event the fees paid into the fund are insufficient to pay all or a part of the annual salary of the judges and the expenses of the courts, the governing authority shall pay into the fund an amount necessary to pay such deficit. In the event the fees paid into the fund exceed the salaries and expenses paid from the fund the excess shall be paid into the county treasury. Section 7. Election of Full-time or Part-time Judges, (a) Within 30 days of the effective date of Part 1 of this Act, each judge of a court of limited jurisdiction shall notify in writing the chief judge of the superior court whether such judge desires to be designated a full-time or a part-time judge effective on July 1, 1982. A copy of this notice shall also be provided to the governing authority of the county. (b) (1) The judges of the superior court shall within 50 days of the effective date of Part 1 of this Act review the requests of the judges of the courts of limited jurisdic tion of each county within the circuit and determine which judges shall be full-time judges and which shall be part-time judges. The number of full-time and part-time judges shall be subject to the approval of the governing authority of the county. In making this determination, the judges of the superior court shall take into considera tion the following factors: (A) The desire of the judge concerned; (B) The population of the county; (C) The case load of the courts of limited jurisdiction prior to March 1, 1982; (D) The presentments, if any, of previous grand juries concerning each court of limited jurisdiction; (E) The background, education, and experience of the judge concerned; (F) The requirement of Section 9 of this Act that at least one of the judges of the courts of limited jurisdiction shall be available at all times for the purpose of acting on applications for arrest and search warrants; FRIDAY, MARCH 26, 1982 3357 (G) Whether the judge presently serves full time; and (H) The jurisdiction of the court. (2) Neither race, religion, creed, national origin, sex, age, physical handicap, nor political affiliation shall be considered in making the determination. (c) No judge of a court of limited jurisdiction who elects to be a part-time judge shall without his consent be designated as a full-time judge. (d) The decision of the judges of the superior court shall be made in an order signed by the chief judge which shall be entered in the minutes of the superior court. Copies of the order shall be sent by first-class mail to each concerned judge of a court of limited jurisdiction and to the governing authority of the county. (e) Any person who shall be elected or appointed judge of a court of limited jurisdic tion after the effective date of Part 1 of this Act shall, within ten days of taking his oath of office, notify the chief judge of the superior court in writing whether such judge desires to become a full-time or a part-time judge. A copy of this notice shall be sent to the gov erning authority of the county. (f) Within a reasonable time after the receipt of the notice provided in subsection (e) of this section, the judges of the superior court shall determine, in accordance with subsection (b) of this section, whether the judge shall be a full-time judge or a part-time judge. Section 8. Reports of Judges of Courts of Limited Jurisdiction, (a) On or before June 1, 1982, each judge of a court of limited jurisdiction shall file with the clerk of superior court a true and accurate report showing all gross receipts from fees and costs received in the performance of the official duties of his office together with such disbursements as may have been made for supplies, equipment, and personnel during the period from Janu ary 1, 1981, through December 31, 1981. The report shall itemize the amount paid to any person as salary or wages during said period, shall give the name of the person, and shall give the reason for the payment. (b) Said report shall be made in duplicate on forms provided by the administrative office of the courts and shall be verified by the judge of the court of limited jurisdiction. (c) Any judge of a court of limited jurisdiction who fails to file the report specified by this section shall be guilty of a misdemeanor. (d) The chief judge of the superior court of the circuit may, for good cause shown, grant an extension of not more than ten days for filing the report required by this section. Section 9. Scheduling of Judges, (a) The judges of the courts of limited jurisdiction in each county shall, on or before July 1, 1982, develop a written schedule which ensures that at least one such judge is available 24 hours per day, seven days per week for the purpose of issuing arrest and search warrants. The schedule may be revised from time to time as may be necessary. (b) In the event the judges of said courts are unable to agree on a schedule or fail to establish one, the judges of the superior court shall establish a schedule. (c) A copy of the schedule shall be provided to the sheriff, the chief of each law enforcement agency within the county, and the head of any state law enforcement agency located within the judicial circuit. Part 2 Section 10. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding at the end thereof a new Chapter 22 to read as follows: "CHAPTER 22 15-22-1. This chapter shall be known and may be cited as the 'Courts of Limited Jurisdiction Compensation Act of 1982.' 15-22-2. As used in this chapter, the term: (1) 'Court of limited jurisdiction' means a justice of the peace court, a small claims court, or any other court in which the judge is compensated, in whole or in part, from fees charged and collected for the performance of the duties of said court. 3358 JOURNAL OF THE HOUSE, (2) 'Full-time judge' means a judge who serves on a continuing basis and who devotes a minimum of 40 hours per week to the performance of the official duties of his judicial office and whose court is open for the transaction of the public's business during normal working hours in accordance with Code Section 36-1-12. (3) 'Fund' means the Courts of Limited Jurisdiction Fund created by Code Section 15-22-6. (4) 'Judge' means a justice of the peace, as defined in paragraph (5) of this Code section, a judge of a small claims court who has been duly certified by the Georgia Justice Courts Training Council in accordance with Article 5 of Chapter 10 of Title 15, or who is exempt from certification, or a judge of any other court to which the provisions of this chapter shall apply. (5) 'Justice of the peace' means a justice of the peace or a notary public ex officio justice of the peace who has been duly certified by the Georgia Justice Courts Train ing Council in accordance with Article 5 of Chapter 10 of Title 15. (6) 'Part-time judge' means any judge other than a full-time judge, provided such judge devotes a minimum of 20 hours per week to the performance of the official duties of his judicial office. (7) 'Trustee' means a person designated to administer the 'Courts of Limited Jurisdiction Compensation Fund' established by Code Section 15-22-6. 15-22-3. The provisions of this chapter shall apply to any county containing a court of this state created pursuant to Article VI of the Constitution of this state or any gen eral or local Act enacted pursuant thereto in which the judge of said court is compen sated in whole or in part by fees charged and collected for the performance of the duties of said court. The provisions of this chapter shall not apply to any court in which the judge is compensated by the state or any political subdivision thereof on a salaried basis. 15-22-4. (a) The governing authority of each county of this state in which there is a court in which the judge of said court is compensated, in whole or in part, by fees charged and collected for the performance of the duties of said court shall, prior to July 1, 1982, elect to provide compensation for the judges of the courts of limited jurisdiction on a salary basis as provided in Code Section 15-22-5 or as provided in Code Section 15-22-6. The election shall be made in the form of a resolution adopted in accordance with the provisions of Article IX of the Constitution, relating to home rule for counties. (b) If the governing authority of such county fails to make the election provided for in subsection (a) of this Code section, the judges of the courts of limited jurisdiction shall be compensated in accordance with Code Section 15-22-6. (c) Copies of the resolution electing a method of compensation as provided in this Code section shall be sent by first-class mail to the judge or judges of the courts of lim ited jurisdiction. (d) After June 30, 1983, the governing authority of any county in which the provi sions of this chapter are applicable may, after notice and hearing, elect to change from the plan for compensating judges of courts of limited jurisdiction adopted pursuant to subsection (a) of this Code section to the alternative plan authorized by this chapter. The governing authority shall give 90 days' notice of its intention to change the plan of compensation. Such notice shall be in writing and shall be accomplished by sending a copy of the notice to each judge affected and to the clerk of the superior court. The change of plan of compensation shall be made in the form of a resolution adopted in accordance with the provisions of subsection (a) of this Code section. However, the amount of compensation paid to any judge pursuant to this chapter shall not be reduced as a result of a change in plan of compensation made in accordance with this subsection. 15-22-5. (a) Each full-time and part-time judge of a court of limited jurisdiction as determined by Code Section 15-22-7 shall be compensated by a reasonable salary estab lished by the governing authority of the county. The salary shall be the same for all fulltime judges and the same for all part-time judges. (b) The governing authority of the county may provide for additional compensation, provided that any such additional compensation shall apply uniformly to all judges of courts of limited jurisdiction. (c) The judges of courts of limited jurisdiction who are compensated in accordance with this Code section shall charge and collect for the official duties performed by them FRIDAY, MARCH 26, 1982 3359 the same fees as are provided by law, but any and all such fees so collected shall be the property of the county and shall be paid into the county treasury as provided in Code Section 36-1-9. (d) Expenses for additional personnel, equipment, supplies, and other necessary and reasonable expenses for the operation of the court shall be paid out of such funds as shall be budgeted by the county governing authority for the operation of such courts of limited jurisdiction. 15-22-6. (a) In each county which has not adopted a resolution to provide compen sation as provided in Code Section 15-22-5, there is established a special fund which shall be known as the 'Courts of Limited Jurisdiction Fund.' The fund shall be adminis tered by a trustee as provided in subsections (h), (i), and (j) of this Code section and shall be subject to the audit and annual report provisions of Chapter 81 of Title 36. (b) The judges of courts of limited jurisdiction who are compensated in accordance with this Code section shall charge and collect for the official duties performed by them the same fees as are provided by law, but any and all fees so collected shall be paid into the fund as provided in subsection (c) of this Code section. (c) It shall be the duty of each judge of a court of limited jurisdiction to receive and account for all fees charged and collected and, on or before the first Monday of each month, to file with the trustee, on a form provided by the administrative office of the courts, a report of all fees and costs charged and collected during the month next pre ceding such report, giving the date, amount, style of the case, if any, and the names of persons from whom such fees were received, and to pay to the trustee so much as he shall have received. The trustee shall deposit all such fees received in the fund. (d) The trustee shall make disbursements and withdrawals from the fund in order to pay such reasonable and necessary expenses of the courts of limited jurisdiction, including compensation of the trustee, as the chief judge of the superior court may direct. (e) Each full-time and part-time judge of a court of limited jurisdiction shall receive an annual salary which shall be determined by order of the judges of the superior court of the county; however, the annual salary shall be the same for all full-time judges and the same for all part-time judges and any salary shall be subject to approval by the county governing authority. (f) The annual salaries of the judges of the courts of limited jurisdiction shall be paid by the trustee in equal monthly installments out of the fund. (g) The judges of the courts of limited jurisdiction may, with the approval of the judges of the superior court, employ such additional personnel as may be necessary for them to perform the duties of their office and fix their salaries. However, such personnel as were regularly employed by a judge of a court of limited jurisdiction on or before March 1, 1982, shall be approved unless the judges of the superior court find that the anticipated revenue to be received from fees charged and collected will be insufficient to pay the salaries of the judges and such additional personnel of the courts of limited jurisdiction and the reasonable and necessary expenses of such courts. (h) The judges of the courts of limited jurisdiction may, with the approval of the judges of the superior court, select some competent person to serve as trustee of the fund. The judges of the superior court shall by order appoint said person and a copy of the appointment shall be recorded on the minutes of the superior court. Any person appointed trustee of the fund shall, before entering into the duties of said office, take and subscribe to the oath of office prescribed by Code Section 45-3-1 and shall execute a bond with good security in the same amount as is prescribed by law for the clerk of the superior court of the county in which said trustee shall serve. Said bond shall be payable to the clerk of the superior court and conditioned for the faithful discharge of the trustee's duties. The trustee shall serve at the pleasure of the judges of the superior court. (i) The trustee of the fund shall annually, on or before the first day of January, file with the clerk of the superior court a full statement of all receipts and disbursements and a full statement and schedule of all funds in his hands as trustee. 3360 JOURNAL OF THE HOUSE, (j) Any person who is eligible to be appointed a trustee under the laws of this state, including the holder of any other public office under the laws of this state or any politi cal subdivision thereof, may be appointed trustee of the fund. (k) In the event the fees paid into the fund are insufficient to pay all or a part of the annual salary of the judges and the expenses of the courts, the governing authority shall pay into the fund an amount necessary to pay such deficit. In the event the fees paid into the fund exceed the salaries and expenses paid from the fund, the excess shall be paid into the county treasury. 15-22-7. (a) Any person who shall be elected or appointed judge of a court of lim ited jurisdiction after November 1, 1982, shall, within ten days of taking his oath of office, notify the chief judge of the superior court in writing whether such judge desires to become a full-time or part-time judge. A copy of this notice shall be sent to the gov erning authority of the county. The judges of the superior court shall then determine whether the judge shall be a full-time or part-time judge. The number of full-time and part-time judges shall be subject to the approval of the governing authority of the county. (b) (1) In determining whether a judge shall be a full-time or a part-time judge, the judges of the superior court shall take into consideration the following factors: (A) The desire of the judge concerned; (B) The population of the county; (C) The case load of the courts of limited jurisdiction; (D) The presentments, if any, of previous grand juries concerning each court of limited jurisdiction; (E) The background, education, and experience of the judge concerned; (F) The requirement of Code Section 15-22-8 that at least one of the judges of the courts of limited jurisdiction shall be available at all times for the purpose of acting on applications for arrest and search warrants; (G) Whether the judge presently serves full time; and (H) The jurisdiction of the court. (2) Neither race, religion, creed, national origin, sex, age, physical handicap, nor political affiliation shall be considered in making the determination. (c) No judge of a court of limited jurisdiction who elects to be a part-time judge shall without his consent be designated as a full-time judge. (d) The decision of the judges of the superior court shall be made in an order signed by the chief judge which shall be entered in the minutes of the superior court. Copies of the order shall be sent by first-class mail to each concerned judge of a court of lim ited jurisdiction and to the governing authority of the county. (e) Within a reasonable time after the receipt of the notice provided in subsection (a) of this Code section, the judges of the superior court shall determine, in accordance with this Code section, whether the judge shall be a full-time judge or a part-time judge. 15-22-8. (a) The judges of the courts of limited jurisdiction in each county shall develop a written schedule which ensures that at least one such judge is available 24 hours per day, seven days per week for the purpose of issuing arrest and search war rants. The schedule may be revised from time to time as may be necessary. (b) In the event the judges of said courts are unable to agree on a schedule or fail to establish one, the judges of the superior court shall establish a schedule. (c) A copy of the schedule shall be provided to the sheriff, the chief of each law enforcement agency within the county, and the head of any state law enforcement agency located within the judicial circuit." PartS Section 11. (a) Except as provided in subsection (c) of this section, this Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. FRIDAY, MARCH 26, 1982 3361 Section 12. All laws and parts of laws in conflict with this Act are repealed. Representative Snow of the 1st moved that the House agree to the Senate substitute to HB 1847. 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 YArgo Auten Y Balkcom Bargeron N Baugh Beal NBeck Benefield YBenn Y Birdsong Y Bishop Bolster Y Branch YBray Y Brooks YBuck Y Burruss N Burton YByrd Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark.B N Clark,L Y Colbert N Coleman Y Collins Y Colwell N Connell Y Couch Cox N Crawford Y Crosby Y Culpepper Y Cummings Y Darden Y Daugherty Y Davis,B N Davis,J Davis.L Dean Dent Y Dixon Dobbs Y Dover Edwards N Elliott Y Evans Y Felton Fortune Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer NHam Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson N Irvin YIsakson Y Jackson,J Jackson,N N Jackson.W Y Jessup Y Johnson.G Johnson.R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson Lee Y Logan YLong Lord YLowe Y Lucas Y Mangum Mann Y Marcus Y Martin On the motion, the ayes were 119, nays 21. The motion prevailed. Y Matthews Y McCollum N McDonald McKinney Miles N Milford Y Montgomery Y Moody N Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver N Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Y Pinkston Y Rainey Y Ralston Ramsey Y Randall N Reaves Y Richardson Y Robinson YRose NRoss Y Rowland Y Russell Savage Y Scott,A Y Scott.D N Shepard N Sherrod Sizemore Y Smith.T Smith.V Y Smyre YSnow Steinberg Swann Thomas Y Thompson Y Townsend Y Triplett Y Tuten N Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson Y White Widener Y Williams,B.J Williams.H Williams.R Y Wilson Wood,J Y Wood.J.T Y Workman Speaker Murphy Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the Senate was taken up for consideration and read the third time: SR 346. By: Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and oth- A RESOLUTION Creating the Environmental Facilities Study Commission; and for other purposes. WHEREAS, the historic policy of federal and state financial aid to local governments in the development of environmental facilities is undergoing drastic change due to reduced federal effort, thereby placing a severe financial burden on local governments in continuing this development; and WHEREAS, the development of environmental facilities to purify and deliver water for consumption, collect and treat waste water for discharge, clean air for emissions, dis pose of the wastes society produces, recover resources from the waste or create energy 3362 JOURNAL OF THE HOUSE, from it, among others, has in recent decades been a major public undertaking in Georgia enjoying the support of all Georgians; and WHEREAS, the continued development of these facilities is essential to the protection and preservation of Georgia's unique environmental resources, the protection of the health and welfare of Georgia's citizens, and for Georgia's continued economic growth and pros perity; and WHEREAS, the State of Georgia is not able to make up the loss of direct cash grants from the federal government to local governments which, in many cases, still must meet federal environmental quality standards; and WHEREAS, there are various means by which states are providing financial assistance to local governments for environmental facility development in lieu of direct cash grants. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created an Environmental Facilities Study Commission to be com posed of nine members, including a representative of the Governor, the Director of the Environmental Protection Division of the Department of Natural Resources, a representa tive of the Georgia Municipal Association, a representative of the Association County Commissioners of Georgia, two members of the House of Representatives to be appointed by the Speaker, two members of the Senate to be appointed by the Lieutenant Governor, and a representative of the University System of Georgia appointed by the Governor. Staff support for the committee shall be provided by the Office of Planning and Budget and such technical assistance shall be secured as the commission deems necessary. The Envi ronmental Facilities Study Commission shall examine the current and future needs of local governments to develop and improve their environmental facilities; shall explore ways in which the state may identify sources of assistance for local governments, including the use of federal and state grants, general obligation and revenue anticipation debt, loans and loan guarantees, private financing, and other means of assistance; shall investigate the nature and extent of local participation that should be involved; and shall examine the applicability of utilizing existing state agencies, departments, or authorities in meeting the program needs as are identified. The Environmental Facilities Study Commission shall prepare a report with recommendations to the Governor and General Assembly to be pre sented along with any necessary legislation in January, 1983, during the General Assembly session. The legislative members of the commission shall be entitled to receive the compensa tion and allowances authorized for legislative members of interim study committees. The other members of the commission who are members of state government shall be reim bursed for their actual expenses incurred in connection with the commission by the respec tive agency which employs the member. The following Committee substitute was read and adopted: A RESOLUTION Creating the Environmental Facilities Study Commission; and for other purposes. WHEREAS, the historic policy of federal and state financial aid to local governments in the development of environmental facilities is undergoing drastic change due to reduced federal effort, thereby placing a severe financial burden on local governments in continuing this development; and WHEREAS, the development of environmental facilities to purify and deliver water for consumption, collect and treat waste water for discharge, clean air for emissions, dis pose of the wastes society produces, recover resources from the waste or create energy from it, among others, has in recent decades been a major public undertaking in Georgia enjoying the support of all Georgians; and FRIDAY, MARCH 26, 1982 3363 WHEREAS, the continued development of these facilities is essential to the protection and preservation of Georgia's unique environmental resources, the protection of the health and welfare of Georgia's citizens, and for Georgia's continued economic growth and pros perity; and WHEREAS, the State of Georgia is not able to make up the loss of direct cash grants from the federal government to local governments which, in many cases, still must meet federal environmental quality standards; and WHEREAS, there are various means by which states are providing financial assistance to local governments for environmental facility development in lieu of direct cash grants. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created an Environmental Facilities Study Commission to be com posed of nine members, including a representative of the Governor, the Director of the Environmental Protection Division of the Department of Natural Resources, a representa tive of the Georgia Municipal Association, a representative of the Association County Commissioners of Georgia, two members of the House of Representatives to be appointed by the Speaker, two members of the Senate to be appointed by the Lieutenant Governor, and a representative of the University System of Georgia appointed by the Governor. Staff support for the committee shall be provided by the Office of Planning and Budget and such technical assistance shall be secured as the commission deems necessary. The Envi ronmental Facilities Study Commission shall examine the current and future needs of local governments to develop and improve their environmental facilities; shall explore ways in which the state may identify sources of assistance for local governments, including the use of federal and state grants, general obligation and revenue anticipation debt, loans and loan guarantees, private financing, and other means of assistance; shall investigate the nature and extent of local participation that should be involved; and shall examine the applicability of utilizing existing state agencies, departments, or authorities in meeting the program needs as are identified. The Environmental Facilities Study Commission shall prepare a report with recommendations to the Governor and General Assembly to be pre sented along with any necessary legislation in January, 1983, during the General Assembly session. The legislative members of the commission shall be entitled to receive the compensa tion and allowances authorized for legislative members of interim study committees. The other members of the commission who are members of state government shall be reim bursed for their actual expenses incurred in connection with the commission by the respec tive agency which employs the member. Compensation, allowances, and expenses for the members of the commission shall be limited to five meeting days for the purpose of carry ing out the provisions of this resolution. The report of the Commitee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Auten Y Balkcom Bargeron Y Baugh Beal YBeck Benefield Y Benn Y Birdsong Y Bishop Bolster Y Branch Y Bray Y Brooks Y Buck Y Burruss Y Burton Y Byrd Cason Y Castleberry YChamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch Cox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Y Daugherty Y Davis.B Y Davis,J Davis.L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer Y Ham Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins 3364 JOURNAL OF THE HOUSE, Y Hays Y Hill Y Holmes Y Hooks Home Hutchinson Y Irvin Y Isakson YJacksonJ Y Jackson,N Jackson.W Y Jessup Y Johnson.G Johnson.R Y Jones.B Y Jones.H Y Karrh Y Kemp Y Kilgore Lambert Y Lane,D Y Lane,R Y Lawson Lee Y Logan Y Long Lord Y Lowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Mullinax Y Nicholson Y Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Peters Y Phillips.B Y Phillips,L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinkston Rainey Y Ralston Ramsey Randall Y Reaves Richardson Y Robinson Y Rose Y Ross Y Rowland Y Russell Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Sizemore Y Smith.T Smith.V Smyre Y Snow Steinberg Swann Y Thomas Y Thompson Y Townsend Y Triplet! Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson Y White Widener Y Williams.B.J Williams.H Williams.R Y Wilson Wood,J Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, by substitute, the ayes were 133, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendment to the House substitute thereto: SB 531. By: Senators Coverdell of the 40th, Scott of the 43rd, Allgood of the 22nd and others: A BILL to amend an Act known as the "Statewide Probation Act," so as to provide that county probation systems shall become a part of the state wide probation system effective on certain dates and shall be funded as a part of the statewide probation system; to amend the Official Code of Georgia Anno tated accordingly; and for other purposes. The House substitute was read. The following Senate amendment to the House substitute to SB 531 was read: Amend the House substitute to SB 531 as follows: By inserting at the beginning of line 14 on page 3 immediately preceding the word "is" the following: "or a general law of local application". By inserting in line 21 on page 3 between the word "Act" and the word "is" the fol lowing: "or a general law of local application". Representative Colwell of the 4th moved that the House agree to the Senate amend ment to the House substitute to SB 531. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams,J Adams.M Y Aiken Y Anderson Y Argo Auten Balkcom Bargeron Y Baugh Y Beal Beck Y Benefield Y Benn Y Birdsong Y Bishop Bolster Y Branch Y Bray Y Brooks Y Buck Burruss Y Burton Y Byrd Cason Y Castleberry Y Chamberlin Chambless Chance FRIDAY, MARCH 26, 1982 3365 Y Cheeks Y Childers Y Childa Clark.B Y Clark,L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Couch Cox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Davis.B Y Davis,J Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Edwards Y Elliott Evans Y Felton Y Fortune Y Foster Y Fuller.C Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Manner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson Ylrvin Isakson Y Jackson,J Y Jackson.N Y Jackson,W Y Jessup Y Johnson.G Johnson.R Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane,D Y Lane,R Y Lawson YLee Y Logan YLong Lord Lowe Y Lucas Y Mangum Mann Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Miles Milford Y Montgomery Y Moody Y Moore Mostiler Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Peters Y Phillips.B Phillips.L.L N Phillips.R.T Phillips.W.R Y Pilewicz Pinkston Rainey Y Ralston Ramsey Y Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell Savage Y Scott,A Y Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Steinberg Swann Thomas Thompson Y Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Watson Y White Y Widener Y Williams.B.J Williams.H Williams.R Wilson Y Wood.J Y Wood,J.T Workman Speaker Murphy On the motion, the ayes were 115, nays 1. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 715. By: Senators Stumbaugh of the 55th, Howard of the 42nd, Scott of the 43rd and others: A BILL to amend the "Stone Mountain Memorial Association Act," so as to provide that the Stone Mountain Memorial Association may invest and reinvest the association fund in certain specified obligations; to amend the Offi cial Code of Georgia Annotated accordingly; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson YArgo Y Auten Y Balkcom Bargeron Y Baugh Beal Beck Benefield YBenn Y Birdsong Bishop Y Bolster Y Branch Bray Y Brooks YBuck Y Burruss Y Burton Byrd Y Cason Y Castleberry Y Chamberlin Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark.L Y Colbert Coleman Y Collins Y Colwell Y Connell Couch Cox Y Crawford Y Crosby Culpepper Y Cummings Y Darden Daugherty Y Davis.B Y Davis,J Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Edwards Elliott Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer Ham Hamilton Hanner Y Harris Y Harrison Y Hasty Hawkins YHays YHill Y Holmes Hooks Home Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson.N Jackson.W Y Jessup Y Johnson.G Johnson.R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson Lee Y Logan YLong YLord YLowe Y Lucas Y Mangum 3366 JOURNAL OF THE HOUSE, Y Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Mullinax Y Nicholson Y Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Peters YPhillips.B Phillips,L.L Y Phillips,R.T Y Phillips.W.R Y Pilewicz Pinkston Rainey Ralston Ramsey Y Randall Reaves Y Richardson Y Robinson Rose Y ROBS Rowland Y Russell Savage Y Scott,A Scott,D Y Shepard Y Sherrod Sizemore Y Smith.T Smith.V Smyre Y Snow Y Steinberg Swann Thomas Y Thompson Y Townsend Y Triplett Y Tuten Y Twiggs Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson Y White Y Widener Y Williams,B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed. Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the House, favorably reported by the Committee on Rules, was read: HR 815. By: Representatives Birdsong of the 103rd, Dobbs of the 74th, Balkcom of the 140th, Thomas and Johnson of the 66th, and others: A RESOLUTION Creating the House Hazardous Waste Disposal Study Committee; and for other pur poses. WHEREAS, one of the critical issues which faces the Georgia General Assembly and the legislatures of other states is the question of hazardous waste disposal; and WHEREAS, addressing the question of hazardous waste disposal requires that numer ous other questions be answered, including the clear definition as to exactly what consti tutes hazardous waste; and WHEREAS, it is vitally important that any plan for hazardous waste disposal provide not only for the implementation of proper disposal techniques for new sources of hazard ous waste, but also for the efficient and careful coordination of plans for storage and dis posal of such waste by existing industries; and WHEREAS, it is only fitting and proper that a concerted and careful study of this vital question be undertaken and that a special study committee of this House be created for such purpose. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the House Hazardous Waste Disposal Study Committee to be composed of five members of the House to be appointed by the Speaker, one of whom shall be designated as chairman and one of whom shall be designated as vice chairman. The Speaker is also authorized to appoint a six member advisory committee, two members of which shall be representative of the private sector, two members of which shall be rep resentative of industry, and two members of which shall represent the Environmental Pro tection Division of the Department of Natural Resources. The committee shall conduct a careful and thorough study of the issues and problems related to the storage and disposal of hazardous waste and shall pay particular attention to identifying which wastes are, in fact, hazardous. The committee shall work with the House Natural Resources Committee in conducting its study. The committee is authorized to seek the advice and counsel of persons knowledgeable in the above fields and other persons, groups and organizations, including the Southern States Energy Board and similar state and regional organizations, which the committee feels will be able to assist it in its endeavors. The legislative members FRIDAY, MARCH 26, 1982 3367 of the committee and those members of the advisory committee who are not state employ ees shall receive the allowances provided by law for legislative members of interim legisla tive committees. The committee shall meet upon the call of the chairman, and it is authorized to hold meetings and conduct studies at such times and places as the commit tee deems advisable in carrying out its duties, but for not more than ten days. The com mittee shall make a report of its findings, conclusions, and recommendations to the General Assembly not later than December 31, 1982, and shall thereupon stand dissolved. The following Committee amendment was read and adopted: The Committee on Rules moves to amend HR 815 as follows: By striking the word "ten" where it appears in line 24 on page 2 and inserting in lieu thereof the word "five". On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adaros,J V Adams,M Y Aiken Y Anderson YArgo Y Auten Y Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Branch YBray Y Brooks YBuck Y Burrusa Y Burton Byrd Cason Y Castleberry Y Chamberlin Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Clark,L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis.B Y Davis,J Y Davis.L Dean Dent Y Dixon YDobbs Y Dover Y Edwards Elliott Evans Y Felton Y Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover Y Godbee Greer YHam Hamilton Y Banner Y Harris Y Harrison Y Hasty Y Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson Ylrvin Y Isakson Y Jackson,J Jackson.N Y Jackson, W Y Jessup Y Johnson.G Y Johnson.R Y Jones,B Y Jones,H Y Karrh YKemp Y Kilgore Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Lucas Y Mangum Mann Y Marcus Y Martin Matthews Y McCollum Y McDonald McKinney Miles Milford Y Montgomery Y Moody Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Peters Y Phillips,B Phillips.L.L Y PhiIlips,R.T Phillips.W.R Y Pilewicz Pinkston Rainey Y Ralston Ramsey Y Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Savage Y Scott,A Y Scott,D Y Shepard Y Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Steinberg Y Swann Y Thomas Y Thompson Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Vaughn Y Veazey Y Waddle Y Walker Y Wall YWare Y Watson Y White Widener Williams.B.J Williams.H Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy On the adoption of the Resolution, as amended, the ayes were 133, nays 0. The Resolution was adopted, as amended. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 596. By: Senator Greene of the 26th: A BILL to amend Code Section 45-502, relating to night hunting, so as to require that certain security interest holders be noti fied of and be permitted to defend in certain actions relating to confiscation 3368 JOURNAL OF THE HOUSE, and seizure of property used in night hunting; to protect such security interests; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to eliminate poisonous snakes from the provision prohibiting the destruction or disturbance of the habitats of wildlife; to change the provisions relating to confiscation and seizure of property used in night hunting; to delineate a new salt-water and fresh-water demarcation line for fishing licenses, commercial fishing, and sport fishing; to provide an exception to the salt-water and fresh-water demarcation line for purposes of crabbing on the Altamaha River; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," is amended by striking Code Section 27-1-30 in its entirety and substitut ing in lieu thereof a new Code Section 27-1-30 to read as follows: "27-1-30. Except as otherwise provided by law or regulation, it shall be unlawful to disturb, mutilate, or destroy the dens, holes, or homes of any wildlife; to blind wildlife with lights; or to use explosives, chemicals, electrical or mechanical devices, or smokers of any kind in order to drive such wildlife out of such habitats; provided that this Code section shall not apply to poisonous snakes." Section 2. Said title is further amended by striking subsection (c) of Code Section 27-3-48 in its entirety and substituting in lieu thereof a new subsection (c) to read as fol lows: "(c) The district attorney whose circuit includes the county in which a seizure is made, within 30 days after the seizure of any vehicle, boat, animal, or firearm used in the hunting of deer at night, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons having an interest in or right affected by the seizure or sale of such erty, if known, and upon the person er persons having custody or possession ef the property at the time ef the confiscation er seizure. A copy of the petition shall be served upon the person or persons having custody or possession of the property at the time of the confiscation or seizure and, if known, upon any owner or lessee of the property and any person having a duly recorded security interest in or lien upon the property. If the owner, lessee, or person or persons having custody or possession of the property at the time of seizure is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriffs advertisements of the county are published. The publi cation shall be deemed notice to any and all persons having an interest in or right affected by the proceeding and any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that per son is unknown or resides out of the state or departs the state or cannot after due dili gence be found within the state or conceals himself so as to avoid service. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise, the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that the property was so used and that such use was with the consent, express or implied, of the owner, the FRIDAY, MARCH 26, 1982 3369 property shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from the sale shall be applied: (1) To the payment of proper costs and expenses, including expenses incurred in the seizure; (2) To the payment of the cost of the court and its officers; (3) To the payment of any cost incurred in the storage, advertisement, mainte nance, or care of the property; and (4) If any money remains, to the state treasury. The Attorney General may, upon the request of the commissioner, aid the district attorney in the in rem proceeding arising from any seizure or confiscation of property." Section 3. Said title is further amended by striking subsection (f) of Code Section 27-3-48 in its entirety and substituting in lieu thereof a new subsection (f) to read as fol lows: "(f) Any party at interest may appear, by answer under oath, and make his defense. The owner, lessee, security interest holder, or lienholder shall be permitted to defend by showing that the property seized, if illegally used by another, was used without the knowledge, connivance, or consent, expressed or implied, of the owner, lessee, security interest holder, or lienholder. The holder of any bona fide lien on or security interest in the property shall be protected to the full extent of his lien or security interest, respectively; provided, however, that nothing contained in this Code section shall be construed to obligate the district attorney whose circuit includes the county in which a seizure is made beyond the proceeds of any such sale less the actual costs incurred by him." Section 4. Said title is further amended by striking Code Section 27-4-1 in its entirety and substituting in lieu thereof a new Code Section 27-4-1 to read as follows: "27-4-1. (a) The line established in this state as the separation point between salt waters and fresh waters for fishing licenses, commercial fishing, and sport fishing is as follows: (1) The point at which Interstate Highway % U.S. Highway 17 crosses the follow ing bodies of water and their tributaries shall be the line of demarcation for them: St. Mary's River, Satilla River System (including Satilla River and White Oak Creek), South Altamaha River, Champney River, Butler River, Darien River2 and Cathead Creek, and Little Ogeechee System (both branches); except Salt Creek, North New port River, Medway River, Big Ogeechee River, and Savannah River. All water seaward of these points shall be considered salt water; and f\&Of\ TA \n\nc rptro>iirn>jt- tnrf-t nwriKiiiu^ihi ttK /iitn? oQcaaamVw/H\n fm/J *CjjatrnunssotnHinneo nPaoiiilr--u"t"iu*J. uf*r-~of*s.sMt?*fMn tmhne lfcoiLiiLucwuiziunugK bodies ef water and their tributaries shaH be the late ef- demarcation for them: North IN6wport Jtvivcr oystGm yDoiii IXICGDOPO flnd rCflcocit t^rccK DFflncrics^j .BI^ \jccencc way fy-. AH water seaward ef these points shall be conaidcrcd salt water; and {3) (2) The following rivers streams and their tributaries are designated as salt water for their entire length: Crooked River, Little Satilla River, South Brunswick River, Turtle River, Sapelo River, South Newport River, Jericho River, Salt Creek (Little Ogeechee System), and all other rivers, streams, and tributaries in the six coastal counties which are not enumerated in this subsection. (b) This Code section shall not apply to fresh-water ponds on the seaward side of the demarcation line." Section 5. Said title is further amended by striking subsection (a) of Code Section 27-4-151 in its entirety and substituting in lieu thereof a new subsection (a) to read as fol lows: "(a) For purposes of crabbing, that portion of the St. Mary's River and the Satilla River System (including the Satilla River and White Oak Creek) which is seaward of the points at which the Seaboard Coastline Railroad crosses such rivers streams and that portion of the Altamaha River System which is seaward of the points at which U.S. Highway 1-95 crosses the streams of that system shall be considered salt water. It shall 3370 JOURNAL OF THE HOUSE, be unlawful to place any crab trap in the waters of this state other than that described as salt water in Code Section 27-4-1 or by this subsection." Section 6. This Act shall become effective on November 1, 1982. Section 7. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by 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 Y Bargeron Y Baugh Beal YBeck Y Benefield YBenn Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton Byrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y CIark,B Y 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 Daugherty Y Davis,B Y Davis,J Y Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Evans Y Felton Y Fortune Y Foster Fuller.C YGaler Y Ginsberg Glover Y Godbee Y Greer YHam Hamilton Y Banner Y Harris Y Harrison Y Hasty Hawkins YHays Hill Y Holmes Hooks Home Hutchinson Y Irvin Y Isakson Y Jackson,J Jackson,N Y Jackson, W Y Jessup Y Johnson,G Y Johnson,R Y Jones.B Y Jones.H Y Karrh YKemp Y Kilgore Lambert Y Lane.D Lane.R Y Lawson YLee YLogan YLong YLord YLowe Lucas Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Multinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L Y Phillips,R.T Y Phillips.W.R Y Pilewicz Pinkston Y Rainey Y Ralston Ramsey Randall Y Reaves Y Richardson Y Robinson YRose Ross Y Rowland Y Russell Savage Y Scott,A Y Scott,D Y Shepard Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann Thomas Y Thompson Y Townsend Y Triplett YTuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Y Wall Ware Y Watson Y White Y Widener Y Williams.BJ Williams,H Williams.R Y Wilson Y Wood,J Y WoodJ.T Y Workman Speaker Murphy On the passage of the Bill, by substitute, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations: SR 321 Do Pass SB 457 Do Pass, by Substitute FRIDAY, MARCH 26, 1982 3371 Respectfully submitted, Adams of the 36th Chairman By unanimous consent, the following Bill and Resolution of the Senate were taken up for for consideration and read the third time: SB 457. By: Senator Stephens of the 36th: A BILL to define the status and prescribe the duties and powers of certain employees of county adult probation departments in certain counties; and for other purposes. The following Committee substitute was read and adopted: A BILL To express approval of the county probation system of each county of this state hav ing a population of 550,000 or more according to the United States decennial census of 1980 or any future such census becoming a part of the state-wide probation system; to pro vide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) This Act shall apply to each county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census. (b) Senate Bill 531 enacted into law at the 1982 regular session of the General Assembly of Georgia provides that certain county probation systems shall become a part of the state-wide probation system at the beginning of the 1984-85 fiscal year and provides for certain financial support by the state for such county probation systems for fiscal years 1982-83 and 1983-84. Said Senate Bill 531 also requires that a local Act or general law of local application must be enacted expressing approval of the county probation system becoming a part of the state-wide probation system as a condition of the effectiveness of said Senate Bill 531. This Act is for the specific purpose of expressing that approval, and it is hereby specifically declared that any county affected by this Act approves its county probation system becoming a part of the state-wide probation system in accordance with the terms of Senate Bill 531 enacted into law at the 1982 regular session of the General Assembly. Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SR 321. By: Senator Foster of the 50th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that unless the joint county and municipal sales and use tax is approved for imposition within Towns County prior to November 1, 1982, then the Board of Education of the Towns County School Dis trict shall be required to impose, levy, and collect a 1 percent sales and use tax for educa tional purposes and adjust millage rate limitations upon and the millage rate levied by the 3372 JOURNAL OF THE HOUSE, Towns County School District on and after January 1, 1984, to take into account the pro ceeds received from that tax by the school district the preceding year; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows: "The Board of Education of the Towns County School District shall impose, levy, and collect a sales and use tax for educational purposes of that school district. This tax shall be at the rate of 1 percent, but in all other respects, except as otherwise provided in this paragraph, shall correspond to the tax provided for by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal ity sales and use tax. The ad valorem tax millage rate limitation applicable to the Towns County School District under this Section VII of the Constitution shall be reduced for every taxable year beginning on or after January 1, 1984, by a millage rate which, if levied against property taxable for educational purposes within the Towns County School District, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by that school district in the immediately preceding taxable year. The Towns County School District shall also comply with the provisions of Code Section 48-8-91 as if the Towns County School District were a county or municipality within the meaning of that Code section and as if the tax provided for herein were levied pursuant to Article 2, Chapter 8, Title 48 of the Official Code of Georgia Anno tated. No referendum shall be required for the imposition of this tax. Nothing in this paragraph shall prohibit Towns County and those municipalities located therein from hereafter imposing as an additional tax that joint county and municipality sales and use tax authorized by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Anno tated, but if such joint county and municipality sales and use tax is approved for impo sition within the special district constituting Towns County prior to November 1, 1982, then this paragraph shall be null, void, and of no force and effect. The Towns County School District is authorized to contract or otherwise provide for the collection and administration of the tax required to be imposed under this paragraph. The tax autho rized by this paragraph may be imposed, levied, and collected as provided herein with out further action by the General Assembly, but the General Assembly shall be authorized by local law to control the subject matter of this paragraph and to further define and implement its provisions. This authority may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph and any local law adopted pursuant to the author ity of this paragraph shall control that subject matter notwithstanding the provisions of any conflicting general law." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that unless the joint county and municipal sales and use tax is approved for imposition within Towns County prior to November 1, 1982, then the Board of Education of the Towns County School District shall be required to impose, levy, and collect a 1 percent sales and use tax for educational purposes and adjust millage rate limitations upon and the millage rate levied by the Towns County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding year?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote FRIDAY, MARCH 26, 1982 3373 If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Aaron Y Adams.G Y Adams,J Y Adanw.M Y Aiken Y Anderson YArgo Y Auten Balkcom Y Bargeron Y Baugh Seal YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Branch YBray Y Brooks YBuck Y Burruss Y Burton YByrd Cason Y Castleberry Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Clark.L Y Colbert Coteman Y Collins Colwell Y Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis.B Davis,J Y Davis.L Dean YDent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Foster Y Fuller.C Galer Y Ginsberg Glover Y Godbee Gresr YHam Y Hamilton Y Banner Y Harris Y Harrison Y Hasty Hawkins YHays Hill Holmes Y Hooks Home Y Hutchinson Irvin Y Isakson Y Jackson,J Jackson.N Y Jackson, W Jessup Y Johnson.G Y Johnson.R Jones.B Y Jones.H Karrh Kemp Y Kilgore Y Lambert Y Lane,D Y Lane.R Y Lawson YLee Y Logan YLong YLord Lowe Lucas Mangum YMann Marcus Y Martin Y Matthews Y McCollum Y McDonald Y McKinney Y Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips,L.L Y Phillips.R.T Phillips,W.R Y Pilewicz Y Pinkston Y Rainey Ralston Y Rarasey Y Randall Y Reaves Y Richardson Robinson YRose YRoss Rowland Y Russell Savage Y Scott.A Scott,D Y Shepard Y Sherrod Sizemore Smith.T Smith.V Y Smyre Snow Y Steinberg Y Swann Thomas Y Thompson Townsend Y Triplett Tuten Y Vandiford Y Vaughn Y Veazey Waddle Y Walker YWall Y Ware Y Watson Y 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 Resolution, the ayes were 127, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto: HB 717. By: Representative Kemp of the 139th: A BILL to amend an Act which autho rizes the acceptance and payment of cash bonds from persons charged with vio lations of traffic laws, so as to authorize the acceptance and payment of cash bonds in certain cases; and for other purposes. The following Senate substitute was read: A BILL To amend an Act which authorizes the acceptance and payment of cash bonds from persons charged with violations of traffic laws, approved March 2, 1953 (Ga. L. 1953, Jan.Feb. Sess., p. 331), as amended, particularly by an Act approved April 18, 1975 (Ga. L. 3374 JOURNAL OF THE HOUSE, 1975, p. 845), so as to authorize the acceptance and payment of cash bonds in certain cases; to provide for the forfeiture of such cash bonds in certain cases; to provide for other matters relative to the foregoing; to amend an Act permitting driver's licenses to be depos ited as bail on arrest for certain traffic offenses, approved April 13, 1973 (Ga. L. 1973, p. 435), as amended, particularly by an Act approved February 20, 1976 (Ga. L. 1976, p. 213), so as to authorize driver's licenses to be deposited in certain cases; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. An Act which authorizes the acceptance and payment of cash bonds from persons charged with violations of traffic laws, approved March 2, 1953 (Ga. L. 1953, Jan.Feb. Sess., p. 331), as amended, particularly by an Act approved April 18, 1975 (Ga. L. 1975, p. 845), is amended by striking Section 1 of said Act which reads as follows: "Section 1. Any sheriff of the State of Georgia or his lawful agent or deputy, or any other county officer charged with the duty of enforcing traffic, game, fish or boating or litter laws of this State who makes an arrest outside of the corporate limits of any municipality of this State for the violation of any traffic, game, fish or boating or litter law, and has been authorized, as provided herein, by the judge having jurisdiction of such offense, to accept cash bonds, may accept a cash bond for the personal appearance of the person so arrested in lieu of a statutory bond or recognizance. No such officer shall be authorized to accept a cash bond unless he has been authorized to receive cash bonds in such cases by an order of the judge having jurisdiction of such offense, which order may be granted or dissolved in the discretion of such judge and which shall be filed with other records of the court over which said judge presides.", and substituting in lieu thereof the following: "Section 1. Any sheriff, deputy sheriff, county peace officer, or other county officer charged with the duty of enforcing the laws of this state relating to (1) traffic or the operation or licensing of motor vehicles or operators; (2) the width, height, or length of vehicles and loads; (3) motor common carriers and motor contract carriers; (4) road taxes on motor carriers as provided in Code Chapter 91A-51; (5) game and fish; (6) boat ing; or (7) litter control who makes an arrest outside the corporate limits of any munici pality of this state for a violation of said laws and who is authorized, as provided herein by a court of record having jurisdiction over such offenses, to accept cash bonds may accept a cash bond from the person arrested in lieu of a statutory bond or recognizance. No such officer shall accept a cash bond unless he is authorized to receive cash bonds in such cases by an order of the court having jurisdiction over such offenses and unless such order has been entered on the minutes of the court. Any such order may be granted, revoked, or modified by the court at any time." Section 2. Said Act is further amended by striking Section 4 of said Act, which reads as follows: "Section 4. If any person arrested for a violation of the traffic, game, fish or boating or litter laws of the State of Georgia gives a cash bond as above provided for his appear ance and fails to appear at the next regular term of court convening thereafter without legal excuse therefor, then and in that event, in the discretion of the court, said cash bond shall then and there be forfeited without the necessity for the statutory procedure provided for in the forfeiture of statutory bail bonds, and a judgment may be entered accordingly, in the discretion of the court, ordering the case disposed of and settled and the proceeds shall be applied and distributed as any fine would be. However, if the judge shall not desire to enter, in his discretion, a judgment ordering the case disposed of and settled, the forfeiture of the cash bond shall not be a bar to a subsequent prose cution of the arrested person for such violation.", and substituting in lieu thereof the following: "Section 4. If any person arrested for a misdemeanor arising out of a violation of the laws of this state relating to (1) traffic or the operation or licensing of motor vehicles FRIDAY, MARCH 26, 1982 3375 or operators; (2) the width, height, or length of vehicles and loads; (3) motor common carriers and motor contract carriers; (4) road taxes on motor carriers as provided in Code Chapter 91A-51; (5) game and fish; (6) boating; or (7) litter control gives a cash bond for his appearance as provided in Section 1 and fails to appear on the date, time, and place specified in the citation or summons without legal excuse, the court may order said cash bond forfeited without the necessity of complying with the procedures pro vided for in Code Chapter 27-29, relating to fines and forfeitures. A judgment ordering the case disposed of and settled may be entered by the court and the proceeds shall be applied in the same manner as fines. If the court does not enter a judgment ordering the case disposed of and settled, the forfeiture of the cash bond shall not be a bar to subsequent prosecution of the person charged with the violation of such laws." Section 3. An Act permitting driver's licenses to be deposited as bail on arrest for certain traffic offenses, approved April 13, 1973 (Ga. Laws 1973, p. 435), as amended, par ticularly by an Act approved February 20, 1976 (Ga. Laws 1976, p. 213), is hereby amended by striking the first undesignated subsection of Section 1 of said Act, which reads as follows: "Any other laws of the State of Georgia to the contrary notwithstanding, any person who is arrested by an officer for the violation of a traffic law or traffic ordinance, except any offense for which a license may be suspended by the Commissioner of Public Safety for a first offense, upon being served with the official summons issued by such arresting officer, in lieu of being immediately brought before the proper magistrate, recorder or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may, upon agreement with the arresting officer, deposit his chauffeur's or driver's license with the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons or being incarcerated by the arrest ing officer and held for further action by the appropriate judicial officer. A receipt for such license or deposit shall be given to such person by the arresting officer, and there after said person shall be permitted to use the receipt to operate a motor vehicle upon the highways of this State during the pendency of the case in which the license was deposited, unless his license or privilege is otherwise revoked, suspended or cancelled; provided, however, that such receipt shall in no event be valid for more than 45 days. The summons duly served as herein provided shall give the judicial officer jurisdiction to dispose of the matter.", and substituting in lieu thereof the following: "Any other laws of the State of Georgia to the contrary notwithstanding, any person who is arrested by an officer for the violation of the laws of this state or ordinances relating to (1) traffic, except any offense for which a license may be suspended for a first offense by the Commissioner of Public Safety; (2) the licensing and registration of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as pro vided in Code Chapter 91A-51 upon being served with the official summons issued by such arresting officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may deposit his chauffeur's or driver's license with the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons or being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for such license or deposit shall be given to such person by the arresting officer, and thereafter said person shall be permitted to use the receipt to operate a motor vehicle upon the highways of this state during the pen dency of the case in which the license was deposited, unless his license or privilege is otherwise revoked, suspended or cancelled; provided, however, that such receipt shall in no event be valid for more than 45 days. The summons duly served as herein provided shall give the judicial officer jurisdiction to dispose of the matter." Part 2 3376 JOURNAL OF THE HOUSE, Section 4. Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances in general, is amended by replacing Code Sec tion 17-6-5 which reads as follows: "17-6-5. Any sheriff of this state, his lawful agent or deputy, or any other county officer charged with the duty of enforcing traffic, game, fish, boating, or litter laws of this state who makes an arrest outside of the corporate limits of any municipality of this state for a violation of any traffic, game, fish, boating, or litter law and who has been authorized, as provided for in this Code section, by the judge having jurisdiction of such offense, to accept cash bonds may accept a cash bond for the personal appearance at trial of the person so arrested in lieu of a statutory bond or recognizance. No such offi cer shall be authorized to accept a cash bond unless he has been authorized to receive cash bonds in such cases by an order of the judge having jurisdiction of the offense. The order may be granted or dissolved in the discretion of the judge and shall be filed with other records of the court over which the judge presides.", with a new Code section to read as follows: "17-6-5. Any sheriff, deputy sheriff, county peace officer, or other county officer charged with the duty of enforcing the laws of this state relating to (1) traffic or the operation or licensing of motor vehicles or operators; (2) the width, height, or length of vehicles and loads; (3) motor common carriers and motor contract carriers; (4) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48; (5) game and fish; (6) boating; or (7) litter control who makes an arrest outside the corporate limits of any municipality of this state for a violation of said laws and who is authorized, as provided herein by a court of record having jurisdiction over such offenses, to accept cash bonds may accept a cash bond from the person arrested in lieu of a statutory bond or recognizance. No such officer shall accept a cash bond unless he is authorized to receive cash bonds in such cases by an order of the court having jurisdiction over such offenses and unless such order has been entered on the minutes of the court. Any such order may be granted, revoked, or modified by the court at any time." Section 5. Said article is further amended by replacing Code Section 17-6-8 which reads as follows: "17-6-8. If any person arrested for a violation of the traffic, game, fish, boating, or litter laws of this state gives a cash bond for his appearance in court as provided for in Code Section 17-6-5 and fails to appear at the next regular term of court convening after the arrest without legal excuse therefor, then, in the discretion of the court, the cash bond shall be forfeited without the necessity for the statutory procedure provided for in the forfeiture of statutory bail bonds, and a judgment may be entered accordingly, in the discretion of the court, ordering the case disposed of and settled and the proceeds applied and distributed like any other fine. However, if the judge does not desire to enter, in his discretion, a judgment ordering the case disposed of and settled, the forfei ture of the cash bond shall not be a bar to a subsequent prosecution of the arrested per son for the violation.", with a new Code section to read as follows: "17-6-8. If any person arrested for a misdemeanor arising out of a violation of the laws of this state relating to (1) traffic or the operation or licensing of motor vehicles or operators; (2) the width, height, or length of vehicles and loads; (3) motor common carriers and motor contract carriers; (4) road taxes on motor carriers as provided in Arti cle 2 of Chapter 9 of Title 48; (5) game and fish; (6) boating; or (7) litter control gives a cash bond for his appearance as provided in Code Section 17-6-5 and fails to appear on the date, time, and place specified in the citation or summons without legal excuse, the court may order said cash bond forfeited without the necessity of complying with the statutory procedure provided for in the forfeiture of statutory bail bonds. A judg ment ordering the case disposed of and settled may be entered by the court and the pro ceeds shall be applied in the same manner as fines. If the court does not enter a judgment ordering the case disposed of and settled, the forfeiture of the cash bond shall not be a bar to subsequent prosecution of the person charged with the violation of such laws." FRIDAY, MARCH 26, 1982 3377 Section 6. Said article is further amended by replacing subsection (a) of Code Sec tion 17-6-11 which reads as follows: "(a) Any other laws of this state to the contrary notwithstanding, any person who is arrested by an officer for a violation of a litter law, a traffic law, or a traffic ordi nance, except any offense for which a license may be suspended by the commissioner of public safety for a first offense, upon being served with the official summons issued by the arresting officer, in lieu of being immediately brought before the proper judicial officer to enter into a formal recognizance or making a direct deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may, upon agreement with the arresting officer, deposit his chauffeur's or driver's license with the officer in lieu of bail, in lieu of entering into a recognizance for his appearance for trial as set in the summons, or in lieu of being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. Any such person who is arrested by an officer for the violation of a litter law, a traffic law, or a traffic ordinance, except any offense for which a license may be suspended by the commissioner of public safety for a first offense, shall be entitled to deposit his chauffeur's or driver's license with a judicial officer or officer authorized to accept cash bonds in lieu of bail as provided for in Code Section 17-6-5. A receipt for the license shall be given to the person by the arresting officer, and there after the person shall be permitted to use the receipt to operate a motor vehicle upon the highways of this state during the pendency of the case in which the license was deposited unless his license or privilege is otherwise revoked, suspended, or canceled; provided, however, that the receipt shall in no event be valid for more than 45 days. The summons duly served as provided for in this Code section shall give the proper judicial officer jurisdiction to dispose of the matter.", with a new subsection to read as follows: "(a) Any other laws to the contrary notwithstanding, any person who is arrested by an officer for the violation of the laws of this state or ordinances relating to (1) traffic, except any offense for which a license may be suspended for a first offense by the com missioner of public safety; (2) the licensing and registration of motor vehicles and opera tors; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48 upon being served with the official summons issued by such arresting officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may deposit his chauffeur's or driver's license with the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons or being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for such license or deposit shall be given to such person by the arresting officer, and thereafter said person shall be permitted to use the receipt to operate a motor vehicle upon the highways of this state during the pen dency of the case in which the license was deposited, unless his license or privilege is otherwise revoked, suspended, or canceled; provided, however, that such receipt shall in no event be valid for more than 45 days. The summons duly served as herein provided shall give the judicial officer jurisdiction to dispose of the matter." Parts Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. Representative Kemp of the 139th moved that the House agree to the Senate substi tute to HB 717. On the motion, the roll call was ordered and the vote was as follows: 3378 JOURNAL OF THE HOUSE, Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson YArgo Y Auten N Balkcom Y Bargeron Y Baugh Beal YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Branch YBray Brooks YBuck Y Burruss Y Burton YByrd YCason N Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark.L Y Colbert Coleman Collins Colwell Y Connell Couch YCox Y Crawford Y Crosby Y Culpepper Y Cummings Y Darden Daugherty Y Davis,B Y Davis,J N Davis,L Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Y Elliott Evans Y Felton Y Fortune Y Foster Y Fuller.C Y Galer Y Ginsberg Glover YGodbee Y Greer YHam Hamilton Y Hanner Y Harris Harrison Y Hasty Y Hawkins YHays Hill Holmes Hooks Home Hutchinson Ylrvin N Isakson Y Jackson,J N Jackson.N Y Jackson.W Y Jessup N Johnson.G Johnson.R Jones,B Y Jones,H YKarrh YKemp Y Kilgore Lambert N Lane,D Y Lane.R Y Lawson YLee Y Logan YLong YLord YLowe Lucas Y Mangum Mann Marcus Y Martin On the motion, the ayes were 117, nays 19. The motion prevailed. Y Matthews N McCollum Y McDonald McKinney Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Y Patten N Perry Y Peters Phillips,B Y Phillips,L.L Y Phillips,R.T Phillips.W.R Y Pilewicz Pinkston N Rainey N Ralston Y Ramsey Randall N Reaves Y Richardson Y Robinson YRose NRoss Y Rowland Y Russell Savage Y Scott,A Scott.D N Shepard N Sherrod Y Sizemore Y Smith.T Smith.V Smyre YSnow Y Steinberg Y Swann N Thomas Y Thompson Y Townsend Triplett YTuten NTwiggs Y Vandiford Y Vaughn Veazey Y Waddle Y Walker N Wall Y Ware Y Watson Y White Y Widener N Williams,B.J Williams.H Williams,R Y Wilson YWood,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 disagreed to the House substitute to the following Bill of the Senate: SB 346. By: Senator Greene of the 26th: A BILL to amend Code Section 20-506, relating to attorney's fees upon any note or other evidence of indebtedness, as amended, so as to provide exceptions to notice requirements in certain cases involving bankruptcy proceedings; and for other purposes. The Senate has adopted, as amended, the following Resolution of the House: HR 953. By: Representative Murphy of the 18th: A RESOLUTION relative to adjourn ment; and for other purposes. The following Resolutions of the House were read and adopted: HR 950. By: Representative Kemp of the 139th: A RESOLUTION relative to the Bless ing of the Fleet in Darien, Georgia; and for other purposes. HR 951. By: Representative Kemp of the 139th: A RESOLUTION relative to Project RAFT (Restoring Altamaha Folklife Traditions); and for other purposes. FRIDAY, MARCH 26, 1982 3379 HR 952. By: Representative Kemp of the 139th: A RESOLUTION recognizing Pinkie Master's Lounge; and for other purposes. The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto: HR 953. By: Representative Murphy of the 18th: A RESOLUTION relative to adjourn ment; and for other purposes. The following Senate amendment was read: The Senate moves to amend HR 953 by striking on page 1, line 3 the following: "9:00"; and inserting in lieu thereof the following: "9:30". Representative Murphy of the 18th moved that the House agree to the Senate amend ment to HR 953. On the motion, the ayes were 123, nays 8. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was again taken up for consideration: SB 4. By: Senators Hudgins of the 15th and Littlefield of the 6th: A BILL to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to change the provi sions regarding creation of juvenile courts; to provide for judges; to provide for their election, compensation, terms of office and appointment; and for other purposes. The following Committee substitute was read: A BILL To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to the creation of juvenile courts; to change the provisions relating to the termination of juvenile courts; to provide for the compensation of juvenile judges; to prohibit certain juvenile judges from practicing law; to provide for administrative procedures; to provide for pension rights of certain judges; to provide for qualifications for referees; to provide an effective date; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety Code Section 15-11-3, which reads as follows: "15-11-3. (a) Except as provided in paragraph (2) of subsection (b) of this Code section, in counties having populations of 50,000 or more according to the United States decennial census of 1970 or any future such census, juvenile courts are created and established with original jurisdiction in all cases coming within the terms of this chapter, (b) (1) In any county having a population of less than 50,000 according to the United States decennial census of 1970 or any future such census, upon recommenda tion of two successive grand juries, a juvenile court shall be created and the judge of the superior court shall appoint a judge thereof, in accordance with this chapter. It shall thereupon be considered that a juvenile court has been established in the county. 3380 JOURNAL OF THE HOUSE, The powers, authority, jurisdiction, and procedure of court shall be the same as those of juvenile courts established under this chapter. (2) In all counties having populations of less than 50,000 according to the United States decennial census of 1970 or any future such census, wherein a juvenile court has not been established, and in Richmond County and such other counties of more than 50,000 population as may be provided by local Act, a judge of the superior court shall sit as the juvenile court judge and hear all cases coming within this chapter. Such hearing shall be conducted in accordance with the provisions set forth in this chapter. In any such court the clerk of the superior court shall exercise the functions of clerk of the juvenile court, subject to the direction of the judge. (3) Whenever any juvenile court has been established by appropriate action of two successive grand juries in any county having a population of less than 50,000 pursuant to this chapter, the existence of the juvenile court shall be terminated if two succes sive grand juries of the county thereafter adopt a resolution providing for the termina tion and the resolution is concurred in by the judge of the superior court of the county. Thereafter, the judge of the superior court of the county shall sit as the juve nile court judge of such county pursuant to this chapter. Action taken under this par agraph by the grand jury and the superior court judge shall not prevent the reestablishment thereafter of a juvenile court in the county by action taken by two successive grand juries as provided for in paragraph (1) of this subsection. (c) Except as provided in this chapter, the judge or a majority of the judges of the superior court circuit presiding over the county wherein a juvenile court is established by this chapter shall appoint the judge or judges of the juvenile court for a term of six years and shall fix his or their compensation except in those counties wherein the salary of the judge is fixed by legislative Act. The salary of the juvenile court judge shall be paid out of county funds. The governing authority of the county in which the court is located, at any meeting, may provide for the reimbursement to the judge of the juvenile court for expenses incurred while on court business outside the jurisdiction of the court. (d) No person shall be judge of the juvenile court unless, at the time of his appoint ment, he has attained the age of 30 years, has been a citizen of the state for three years, and has practiced law for three years. A juvenile court judge shall be eligible for reap- pointment. (e) In the event that more than one juvenile court judge is appointed, one shall be designated presiding judge. (f) It shall be unlawful for the judge of any juvenile court to engage directly or indi rectly in the practice of law in his own name or in the name of another as a partner or in any manner in any case, proceeding, or matter of any kind in his own court or in any other court in any case, proceeding, or any other matters of which his own court has pending jurisdiction or has had jurisdiction. It shall be unlawful for any juvenile court judge to give advice or counsel to any person on any matter of any kind whatso ever which has arisen directly or indirectly in his own court, except such advice or coun sel as he is called upon to give while performing his duties as juvenile court judge. (g) In any case in which action under this Code section is to be taken by the judge of the superior court of a county, such action shall be taken by a majority vote of the judges of the superior court of the judicial circuit encompassing the county where there are more than two superior court judges. Where there are two superior court judges of a county or judicial circuit encompassing a county, any action under this Code section shall be taken by the chief judge of the superior court circuit.", and inserting in lieu thereof a new Code Section 15-11-3 to read as follows: "15-11-3. (a) There is created a juvenile court in every county in the state. (b) The judge or a majority of the judges of the superior court in each circuit in the state may appoint one or more qualified persons as judge of the juvenile courts of the circuit. Each judge appointed will have the authority to act as judge of each juvenile court in the circuit. If no person is appointed a juvenile judge for the circuit, then the superior court judge or judges of the circuit shall assume the duties of the juvenile judge as part of the duties of the superior court judge. However, in any circuit where a supe rior court judge assumes the duties of the juvenile judge, such circuit shall not be enti tled to the state funds provided for in subsection (d) of this Code section. FRIDAY, MARCH 26, 1982 3381 (c) Any juvenile judge in office shall be authorized to fulfill his term of office. The jurisdiction of each judge shall be circuit-wide. (d) (1) Each juvenile judge appointed under this chapter shall serve for a term of years equal to that of the superior court judges of the circuit. Except as otherwise pro vided by law, the compensation of the juvenile judge shall be set by the judge or judges of the superior court. The state, out of funds appropriated to the judicial branch of government, shall contribute toward the salary of the judges on a per circuit basis in the following amounts: (A) Circuits with a population of 400,000 or more accord ing to the United States decennial census of 1980 or any future such cen sus ..........................................................$ 35,000.00 (B) Circuits with a population of 150,000 or more but less than 400,000 according to the United States decennial census of 1980 or any future such cen- (C) Circuits with a population of 100,000 or more but less than 150,000 according to the United States decennial census of 1980 or any future such cen- (D) Circuits with a population of 70,000 or more but less than 100,000 according to the United States decennial census of 1980 or any future such cen- (E) Circuits with a population of less than 70,000 accord ing to the United States decennial census of 1980 or any future such cen8US................................................................5.000.00 (2) The remaining amount of the salary of the juvenile judge provided for herein shall be paid by the counties comprising the judicial circuit in the ratio which the population of the county bears to the total population of the counties comprising said circuit as shown by the latest official decennial census. (3) Each juvenile judge appointed in a circuit with a population of 150,000 or more according to the United States decennial census of 1980 or any future such census shall be prohibited from practicing law, with the exception of carrying out his duties as judge or in defending against any action brought against him. (e) No person shall be judge of the juvenile court unless, at the time of his appoint ment, he has attained the age of 30 years, has been a citizen of the state for three years, and has practiced law for three years. A juvenile court judge shall be eligible for reappointment. (f) In the event that more than one juvenile court judge is appointed, one shall be designated presiding judge. (g) It shall be unlawful for the judge of any juvenile court to engage directly or indi rectly in the practice of law in his own name or in the name of another as a partner or in any manner in any case, proceeding, or matter of any kind in his own court or in any other court in any case, proceeding, or any other matters of which his own court 3382 JOURNAL OF THE HOUSE, has pending jurisdiction or has had jurisdiction. It shall be unlawful for any juvenile court judge to give advice or counsel to any person on any matter of any kind whatso ever which has arisen directly or indirectly in his own court, except such advice or coun sel as he is called upon to give while performing his duties as juvenile court judge. (h) In any case in which action under this Code section is to be taken by the judge of the superior court of a county, such action shall be taken by a majority vote of the judges of the superior court of the judicial circuit encompassing the county where there are more than two superior court judges. Where there are two superior court judges of a county or judicial circuit encompassing a county, any action under this Code section shall be taken by the chief judge of the superior court circuit. (i) Each juvenile court created under this chapter shall be assigned and attached to the superior court of the county for administrative purposes. All expenditures of the court are declared to be an expense of the court and payable out of the county treasury as such. (j) Any judge appointed pursuant to this chapter who, within 90 days prior to such appointment, was a judge of the juvenile court of a county with a pension plan created by local legislation, and was a contributing member thereof shall have the option of con tinuing as a member with county contributions and benefits as other members by notify ing the offices of said pension plan and the office of the Trial Judges and Solicitors Retirement Fund of the state of such election in writing within 30 days after his appointment. Thereupon the judge shall continue as a member of the local pension plan without interruption of credited service; and the judge shall have deducted thereafter from the total salary paid by the state and county for the judge's services in percentage amounts as is provided for members' contributions, which amounts shall be paid into the pension plan created by local legislation. Nothing in this Code section shall be con strued as prohibiting a judge from becoming a member of the Trial Judges and Solici tors Retirement Fund of the state as a juvenile court judge at such time as he withdraws further contributions to the pension plan created by local legislation and so notifies the office of the Trial Judges and Solicitors Retirement Fund of the state in writing." Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 15-11-10 and inserting in lieu thereof a new subsection (a) to read as fol lows: "(a) The judge may appoint one or more persons to serve as referee in juvenile mat ters on a full or part-time basis. The referee shall serve at the pleasure of the judge, and his salary shall be fixed by the judge with the approval of the governing authority . or governing authorities of the county or counties for which he is appointed; from county funds. The salary of each referee shall be paid from county funds. A referee shH fee training and experience. A referee shall be a member of the State Bar of Georgia or shall be a graduate of a law school; provided, however, that any person serving as a referee on July 1^ 1983, shall be qualified for appointment thereafter to serve as a referee." Section 3. This Act shall become effective July 1, 1983. Section 4. All laws and parts of laws in conflict with this Act are repealed. The following amendments were read and adopted: Representative Culpepper of the 98th moves to amend the Committee substitute to SB 4 by adding between lines 7 and 8 on page 6 the following: "No state funds shall be available for the above contributions toward the salary of the judges on a per circuit basis until the General Assembly has appropriated funds for that specific purpose." Representative Culpepper of the 98th moves to amend the Committee substitute to SB 4 by striking the figure "150,000" on line 16, page 6 and substituting the figure "160,000". FRIDAY, MARCH 26, 1982 3383 Representative Evans of the 84th moves to amend the Committee substitute to SB 4 by adding after the word "court" on line 9, page 5 the following: "with the approval of the governing authority or governing authorities of the county or counties for which he is appointed." By striking the words "as such" on lines 21 and 22 on page 7 and inserting in lieu thereof the following: "with the approval of the governing authority or governing authorities of the county or counties for which he is appointed." Representatives Childers of the 15th, Adams of the 14th and Montgomery of the 16th move to amend the Committee substitute by changing the period on line 25, page 4 to a comma and inserting the words "unless otherwise provided by a local Act." By changing the period on line 23, page 3 to a comma and inserting the words "unless otherwise provided by a local Act." Representatives Pinkston of the 100th and Ramsey of the 3rd move to amend the Committee substitute to SB 4 by adding in the title at the end of line 9 of page 1 the following: "to provide that the court may suspend the driver's license of a child who commits a delinquent act or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for a certain period of time; to provide for procedures in connection therewith;". By renumbering Sections 3 and 4 on page 9 as Sections 4 and 5, respectively, and by inserting immediately prior to such sections a new Section 3 to read as follows: "Section 3. Said chapter is further amended by striking Code Section 15-11-35 in its entirety and inserting in lieu thereof a new Code Section 15-11-35 to read as follows: '15-11-35. (a) At the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent act and is subsequently determined to be in need of treatment or rehabilitation, the court may make any of the following orders of disposi tion best suited to his treatment, rehabilitation, and welfare: (1) Any order authorized by Code Section 15-11-34 for the disposition of a deprived child; (2) An order placing the child on probation under conditions and limitations the court prescribes, under the supervision of: (A) The probation officer of the court or the court of another state as pro vided in Code Section 15-11-46; (B) Any public agency authorized by law to receive and provide care for the child; or (C) The chief executive officer of any community rehabilitation center acknowledging in writing his willingness to accept the responsibility for the super vision of the child; (3) An order placing the child in an institution, camp, or other facility for delin quent children operated under the direction of the court or other local public authority; or (4) An order committing the child to the Department of Human Resources. (b) At the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for the period of suspension and return it to the 3384 JOURNAL OF THE HOUSE, offender at the end of such period. The court shall notify the Department of Public Safety of any such actions taken pursuant to this subsection.'" Representatives Kilgore of the 65th and Dover of the llth move to amend the Com mittee substitute to SB 4 by inserting on line 30 of page 4 after the word "judge" and before the word "as" the following: "in all counties in the circuit in which a separate juvenile court judgeship had not been established". By inserting at the end of line 30 of page 4 a new sentence to read as follows: "All juvenile court judgeships, their methods of compensation, selection, and opera tion, established on or before July 1, 1983, shall continue until such time as a circuitwide juvenile court judge is appointed or until terminated by two successive recommendations of the grand juries of the county with the concurrence of the judge or judges of the superior court of the circuit." By striking from line 1 of page 5 the word "Any" and inserting in lieu thereof the following: "When a circuit-wide juvenile court judge is appointed, any". By inserting on line 1 of page 5 after the word "office" and before the word "shall" the following: "at that time". The following amendment was read and lost: Representatives Thomas and Johnson of the 66th, Patten of the 149th and Long of the 142nd move to amend the Committee substitute to SB 4 by striking the words "years equal to that of the superior court judges of the circuit.", on lines 5 and 6, page 5 and inserting in lieu thereof on line 5, page 5, the words "three years." The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson YArgo N Auten N Balkcom N Bargeron N Baugh Y Beal Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bolster N Branch Y Bray Y Brooks N Buck N Burruss Y Burton Y Byrd N Cason NCastleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B N Clark.L Y Colbert N Coleman N Collins N Cohvell N Connell Y Couch N Cox N Crawford N Crosby Y Culpepper N Cummings Y Darden Y Daugherty N Davis.B N Davis,J Y Davis.L Y Dean Y Dent N Dixon N Dobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Foster Y Fuller.C Y Galer Y Ginsberg Glover N Godbee Greer Y Ham Hamilton N Hanner Harris Harrison Y Hasty Y Hawkins N Hays Hill Y Holmes Y Hooks Home Hutchinson N Irvin Y Isakson N Jackson,J Y Jackson.N N Jackson.W Y Jessup N Johnson.G N Johnson.R Y Jones.B Y Jones.H Y Karrh Y Kemp Y Kilgore Lambert Y Lane,D N Lane.R Y Lawson Y Lee Y Logan FRIDAY, MARCH 26, 1982 3385 N Long N Lord Y Lowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews YMcCollum N McDonald YMcKinney Miles NMilford Y Montgomery Y Moody N Moore Y Mostiler N Mullinax YNicholson Y Nix N Oliver N Padgett N Parham N Patten N Perry N Peters Phillips,B N Phillips.L.L Y Phillips.R.T N Phillips.W.R Y Pilewicz Pinkston N Rainey N Ralston Y Ramsey Y Randall N Reaves Y Richardson Y Robinson N Rose N Ross Y Rowland N Russell Savage Y Scott,A Y Scott,D N Shepard N Sherrod N Sizemore N Smith.T Smith, V Smyie Y Snow Y Steinberg Y Swann N Thomas Y Thompson Y Townsend Y Triplett Y Tuten N Twiggs Y Vandiford Vaughn N Veazey Y Waddle Y Walker Y Wall N Ware Y Watson Y White Y Widener Y Williams.B.J Williams.H Williams.R Wilson Y Wood,J N Wood,J.T Y Workman Speaker Murphy On the passage of the Bill, by substitute, as amended, the ayes were 96, nays 60. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. Representative Murphy of the 18th arose to a point of personal privilege and addressed the House. The following Resolutions of the House were read and adopted: HR 954. By: Representatives Smith and Moore of the 152nd and Byrd of the 138th: A RESOLUTION congratulating Elisha Walter Sports on the occasion of his seventy-fifth birthday; and for other purposes. HR 955. By: Representative Smith of the 152nd: A RESOLUTION recognizing and com mending Honorable William McDonald "Don" Wheeler; and for other purposes. HR 956. By: Representative Phillips of the 91st: A RESOLUTION expressing apprecia tion to Mr. John Whorton; and for other purposes. HR 957. By: Representative Childs of the 51st: A RESOLUTION extending best wishes to Margaret Green on the occasion of her sixty-second birthday; and for other purposes. HR 958. By: Representative Crosby of the 150th: A RESOLUTION commending Henri Manning; and for other purposes. HR 959. By: Representative Crosby of the 150th: A RESOLUTION commending the Atkinson County High School Girls' Basketball Team; and for other purposes. HR 960. By: Representative Crosby of the 150th: A RESOLUTION commending the Atkinson County High School Girls' Track Team; and for other purposes. HR 961. By: Representatives Smyre of the 92nd, Buck of the 95th, Murphy of the 18th, Burruss of the 21st and Connell of the 87th: A RESOLUTION expressing appreciation to the young ladies of the telephone center; and for other pur poses. HR 962. By: Representatives Dover of the llth, Twiggs of the 4th, Murphy of the 18th, Dobbs of the 74th, Kilgore of the 65th and others: A RESOLUTION recogniz ing and commending Honorable Ernest Ralston; and for other purposes. 3386 JOURNAL OF THE HOUSE, HR 963. By: Representatives Johnson, Lee, Wood and Benefield of the 72nd, Lord of the 105th and Coleman of the 118th: A RESOLUTION commending the personnel of the House stenographic pool; and for other purposes. HR 964. By: Representatives Thompson, Wilson and Darden of the 19th, Nix of the 20th, Burruss of the 21st and others: A RESOLUTION commending Gail Kaley; and for other purposes. HR 965. By: Representative Wall of the 61st: A RESOLUTION commending the ladies of the Clerk's Office; and for other purposes. HR 966. By: Representatives Phillips of the 91st, Aaron of the 56th, Ralston of the 7th, Karrh of the 106th, Thompson of the 19th and others: A RESOLUTION recog nizing Wiley Nixon, Rowland W. Smith, and Louis Hawkins; and for other pur poses. HR 967. By: Representatives Tuten of the 153rd, Crawford of the 5th, Hooks of the 116th, Lane of the 81st, Watson of the 114th and others: A RESOLUTION rec ognizing Representative Rene' Kemp; and for other purposes. HR 968. By: Representatives Isakson of the 20th, Wilson of the 19th, Harrison of the 20th, Aiken of the 21st, Darden of the 19th and others: A RESOLUTION com mending the Honorable Kenneth Owen Nix, Sr.; and for other purposes. HR 969. By: Representatives Walker of the 115th, Harris of the 8th, Foster of the 6th, Lee of the 72nd, Steinberg of the 46th and others: A RESOLUTION expressing appreciation to Representative Bryant Culpepper; and for other purposes. HR 970. By: Representatives Ham of the 80th, Lee of the 72nd, Bray of the 70th, Beck of the 148th, Scott of the 123rd and others: A RESOLUTION commending Honorable Jim Wood; and for other purposes. HR 971. By: Representatives Isakson of the 20th, Burruss and Aiken of the 21st, Darden and Wilson of the 19th and others: A RESOLUTION commending the Honor able Carl Harrison; and for other purposes. HR 972. By: Representatives Murphy of the 18th, Childs of the 51st, Workman of the 56th, Vandiford of the 53rd, Connell of the 87th and others: A RESOLUTION recognizing and commending Honorable John Morgan Hawkins; and for other purposes. HR 973. By: Representatives Felton of the 22nd, Galer of the 97th, Steinberg of the 46th, Williams of the 48th, Richardson of the 52nd and others: A RESOLUTION rel ative to congressional action on federal budgets; and for other purposes. HR 974. By: Representatives Colwell and Twiggs of the 4th, Dover of the llth, Harris of the 8th, Irvin of the 10th and others: A RESOLUTION recognizing the Geor gia Department of Transportation for outstanding achievements in the recon struction of Atlanta's freeways under complex traffic conditions; and for other purposes. HR 975. By: Representatives Adams of the 36th and Widener of the 44th: A RESOLU TION urging the Congress of the United States to take certain actions with regard to the Mortgage Subsidy Bond Tax Act of 1980; and for other purposes. FRIDAY, MARCH 26, 1982 3387 HR 976. By: Representatives Jackson, Lawson and Wood of the 9th, Hasty of the 8th, Colwell of the 4th and others: A RESOLUTION relative to the Resource Con servation and Development Program; and for other purposes. HR 977. By: Representatives Childs of the 51st, Hawkins of the 50th, Clark of the 55th, Davis of the 45th and Mangum of the 56th: A RESOLUTION urging county boards of tax assessors to be more diligent and realistic in determining the "fair market value" of property; and for other purposes. HR 978. By: Representatives Chamberlin of the 73rd, Williams of the 54th, Robinson of the 58th, Dent of the 85th, Glover of the 32nd and others: A RESOLUTION urging the United States not to renew the Most Favored Nation trading status of the Socialist Republic of Romania. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has disagreed to the House substitute to the following Bill of the Senate: SB 555. By: Senators Tate of the 38th, Coverdell of the 40th, Allgood of the 22nd and others: A BILL to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to the transfer of teachers under a cer tain independent school system to the Teachers' Retirement System; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SB 555. By: Senators Tate of the 38th, Coverdell of the 40th, Allgood of the 22nd and others: A BILL to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to the transfer of teachers under a cer tain independent school system to the Teachers' Retirement System; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. Representative Johnson of the 72nd moved that the House recede from its substitute to SB 555. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G AdamsJ Y Adams.M Y Aiken YAndereon Y Argo Auten Balkcom YBargeron Y Baugh Beal YBeck Y Benef.eld YBenn Birdsong Bishop Y Bolster Y Branch Y Bray Y Brooks Buck Y Burruss Burton Y Byrd Y Cason Y Castleberry Chamberlin Y Chambless Chance Y Cheeks YChilders Y Childs Y Clark3 Clark.L YColbert Y Coleman Y Collins Y Colwell Y Connell Y Couch Y Coi Y Crawford N Crosby Y Culpepper N Cummings Y Darden Daugherty Davis.B Davis.J Y Davis,L Dean Dent N Dixon Y Dobbs Y Dover Y Edwards Y Elliott Y Evans N Felton Fortune Foster Y Fuller.C Y Galer Ginsberg Glover Y Godbee Y Greer Y Ham Hamilton Y Manner Y Harris Y Harrison Y Hasty Y Hawkins Y Hays Hill Y Holmes Y Hooks Home Hutchinson Y Irvin Isakson Y Jackson,J Y Jackson.N Y Jackson,W Y Jessup Y Johnson.G Y Johnson.R N Jones.B Y Jones,H Y Karrh Y Kemp Y Kilgore Lambert 3388 JOURNAL OF THE HOUSE, YLane.D Y Lane.R Y Lawson Y Lee Y Logan Y Long Lord Y Lowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKinney Miles Milford Y Montgomery Y Moody Y Moore Mostiler Mullinax Y Nicholson Y Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Phillips,B Phillips.L.L Phillips.R.T Phillips,W.R Y Pilewicz Pinkston Y Rainey Ralston Y Ramsey Randall Y Reaves Richardson Y Robinson Y Rose Y Ross Y Rowland Y Russell Savage Y Scott,A On the motion, the ayes were 125, nays 5. The motion prevailed. Y Scott.D Y Shepard Y Sherrod Y Sizemore Y Smith/I Smith, V Smyre Y Snow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker Wall Ware Y Watson Y 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 The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has disagreed to the House substitute to the following Bill of the Senate: SB 78. By: Senator Barnes of the 33rd: A BILL to amend an Act known as the "Act Cre ating the Superior Court Judges Retirement System," so as to change the provi sions relative to definitions; to provide for the inclusion of certain prior public service as creditable service under certain conditions; and for other purposes. His Excellency Governor George Busbee appeared upon the floor of the House and addressed the members briefly, thanking them for their diligence, foresight, and devotion to duty. The following Resolution of the Senate was taken up for the purpose of considering the Senate amendment to the House amendment thereto: SR 264. By: Senator Stephens of the 36th: A RESOLUTION proposing an amendment to the Constitution so as to exempt the capital improvements of the Cabbagetown Historic District economic reuse establishment and certain additions thereto from all City of Atlanta and Fulton County ad valorem property taxes, includ ing ad valorem taxes for school purposes, for a period of seven years following their establishment or addition; and for other purposes. The following House amendment was again read: Representatives Lane of the 40th, Bolster of the 30th, Pilewicz of the 41st, and others move to amend SR 264 as follows: On page 2, line 21, after the word "improvements" and before the word "in" insert the word "starting". On page 2, line 22, after the word "property" delete the word "made". On page 2, line 29, between the words "exempt" and "certain" insert the following: "the increased value of property resulting from". FRIDAY, MARCH 26, 1982 3389 On page 3, line 5, after the word "addition" add the following: "providing that there is substantial increase in employment?". The following Senate amendment to the House amendment was read: Amend the House amendment to SR 264 by striking the last paragraph which reads as follows in its entirety: "On Page 3, line 5, after the word 'addition' add the following: 'providing that there is substantial increase in employment?'". Representative Bolster of the 30th moved that the House agree to the Senate amend ment to the House amendment to SR 264. On the motion, the ayes were 120, nays 0. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted the following Resolution of the Senate: SR 427. By: Senators Allgood of the 22nd, Holloway of the 12th and Eldridge of the 7th: A RESOLUTION relative to adjournment. The following Resolution of the Senate was read and adopted: SR 427. By: Senators Allgood of the 22nd, Holloway of the 12th and Eldridge of the 7th: A RESOLUTION Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen e"1ra0l:0A0s"s.embly amend HR 953, as amended, by striking "9:30" and inserting in lieu thereof The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SB 78. By: Senator Barnes of the 33rd: A BILL to amend an Act known as the "Act Cre ating the Superior Court Judges Retirement System," so as to change the provi sions relative to definitions; to provide for the inclusion of certain prior public service as creditable service under certain conditions; and for other purposes. Representative Johnson of the 72nd moved that the House recede from the House substitute, which contained an amendment by Representative Scott of the 123rd, et al, and insist on the original House Committee substitute to SB 78. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G YAdams,J Y Adams.M Y Aiken Y Andersen Argo Y Auten Y Balkcom Y Bargeron Y Baugh Y Beal Y Beck Y Benefield Y Benn 3390 JOURNAL OF THE HOUSE, Birdaong Y Bishop Y Bolster Y Branch YBray Y Brooks Buck Y Burruss Y Burton YByrd YCason Y Castleberry Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B YClark,L Y Colbert Y Coleman Y CoUins Y ColweU Y Connell Y Couch YCo* Y Crawford Crosby Y Culpepper Y Cuminings YDarden Daugherty Davis.B Davis,J Davis.L Dean Dent Dixon YDobbs Y Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Y Foster Y Fuller.C YGaler Y Ginsberg Glover Y Godbee YGreer YHam Hamilton Y Manner Y Harris Harrison Y Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson Ylrvin Y Isakson Y Jackson,J Y Jackson,N Y Jackson.W Y Jesaup Y Johnson.G Y Johnson,R Y Jones,B Y Jones,H YKarrh YKemp Y Kilgore Y Lambert YLane.D Y Lane,R YLawson YLee Logan Long YLord YLowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCoIlum Y McDonald McKinney Miles Y Milford On the motion, the ayes were 140, nays 0. The motion prevailed. Y Montgomery Moody Y Moore Mostiler Y Mullinax Y Nicholson YNii Y Oliver Y Padgett YParham Y Patten Y Perry Y Peters Phillips.B Y Phillips.L.L Y Phillips,R.T Y Phillips.W.R Y Pilewicz Pinkston Y Rainey Ralston YRamsey Randall Y Reaves Y Richardson Y Robinaon YRose YRoss Y Rowland Russell Savage YScott,A Y Scott,D Y Shepard Sherrod Sizemore Y Smith.T Smith,V Smyre YSnow Y Steinberg YSwann Y Thomas Y Thompson Y Townsend Y Triplett YTuten YTwiggs Y Vandiford Y Vaughn YVeazey Y Waddle Y Walker Y Wall Ware Y Watson Y White Y Widener Y Wffliams,B.J Williams.H Y Williams.R Wilson Y WoodJ Y WoodJ.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 428. By: Senators Holloway of the 12th and Allgood of the 22nd: A RESOLUTION relative to adjournment. The following Resolution of the Senate was read and adopted: SR 428. By: Senators Holloway of the 12th and Allgood of the 22nd: A RESOLUTION Amending SR 427; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that SR 427 is hereby amended by striking the following: "10:00" and inserting in lieu thereof the fol lowing: "10:15". The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1337. By: Representatives Lambert of the 112th and Argo of the 63rd: A BILL to amend Chapter 42-5 of the Official Code of Georgia Annotated, relating to state FRIDAY, MARCH 26, 1982 3391 and county correctional institutions, so as to provide that persons convicted of crimes whose confinement shall be served in institutions under the control of the Department of Offender Rehabilitation shall not remain in confinement in local prison facilities while their conviction is on appeal; to change the provi sions relative to the delivery of custody of inmates to the Department of Offender Rehabilitation; and for other purposes. The following report of the Committee of Conference on HB 1337 was read: CONFERENCE COMMITTEE REPORT ON HB 1337 The Conference Committee on HB 1337 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1337 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Terrell A. Starr Senator, 44th District /s/Honorable Joseph E. Kennedy Senator, 4th District /s/Honorable Hugh M. Gillis, Sr. Senator, 20th District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable E. Roy Lambert Representative, 112th District /s/Honorable Benson Ham Representative, 80th District /s/Honorable George Darden Representative, 19th District A BILL To amend Chapter 42-5 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to provide that persons convicted of crimes whose confinement shall be served in institutions under the control of the Department of Offender Rehabilitation shall not remain in confinement in local prison facilities except under certain specified conditions; to change the provisions relative to the delivery of cus tody of inmates to the Department of Offender Rehabilitation; to change certain of the time limitations relative to the payment of counties for the reimbursement of costs of retaining custody of inmates awaiting assumption of their custody by the Department of Offender Rehabilitation; to provide the necessary procedures connected therewith; to pro vide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 42-5 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, is amended by striking in its entirety Code Section 42-5-50, relating to the transmission of information on convicted persons to the commis sioner of the Department of Offender Rehabilitation and to the assignment and transpor tation of inmates to the place of detention, and substituting in lieu thereof a new Code Section 42-5-50 to read as follows: "42-5-50. (a) Immediately upon the imposition of a sentence as provided in subsec tion (b) of Code Section 42-5-51, and after aH appeals er ether motions have %een dis posed ef se that th conviction has become final, the clerk of the court shall notify the commissioner of the sentence and shall forthwith dispatch, along with such notice, by mail, a complete history of the convicted person, upon forms provided by the commis sioner. The history shall include a certified copy of the indictment, accusation, or both, a certified copy of the sentence, and such other information as the commissioner may require. Except where the clerk is on a salary, the clerk shall receive from funds of the county the fee prescribed in Code Section 15-6-77 for such service. 3392 JOURNAL OF THE HOUSE, (b) Within a reasonable tim Except as otherwise provided in subsection (c), within 15 days after the receipt of the information provided for in subsection (a) of this Code section, the commissioner shall assign the convicted person to a correctional institution designated by him in accordance with subsection (b) of Code Section 42-5-51. It shall be the financial responsibility of the correctional institution to provide for the picking up and transportation, under guard, of the inmate to his assigned place of detention. If the inmate is assigned to a county correctional institution or other county facility, the county shall assume such duty and responsibility. (c) In the event that the attorney for the convicted person shall file a written request with the court setting forth that the presence of the convicted person is required within the county of the conviction, or incarceration, in order to properly prepare and prosecute the appeal of the conviction, the convicted person shall not be transferred to the correc tional institution as provided in subsection (b). In such event the convicted person shall remain in the custody of the local jail or lockup until all appeals of the conviction shall be disposed of or until the attorney of record for the convicted person shall file with the trial court an affidavit setting forth that the presence of the convicted person is no longer required within the county in which the conviction occurred, or in which the con victed person is incarcerated, whichever event shall first occur. (d) The department shall not be required to assume the custody of those inmates who have been convicted and sentenced prior to January 1, 1983, and because their con viction is under appeal have not been transferred to the custody of the department, until July 1^ 1983. The state shall pay for each such inmate not transferred to the cus tody of the department the per diem rate specified by subsection (c) of Code Section 42-5-51 for each day the inmate remains in the custody of the county after the depart ment receives the notice provided by subsection (a) on or after January lj 1983. (e) In the event that the convicted person is free on bond pending the appeal of his conviction, the notice provided for in subsection (a) shall not be transmitted to the com missioner until all appeals of such conviction have been disposed of or until the bond shall be revoked." Section 2. Said chapter is further amended by striking from subsection (c) of Code Section 42-5-51, relating to the reimbursement of the county for incarceration of inmates awaiting transfer to the Department of Offender Rehabilitation, wherever it shall appear, the figure "30" and substituting in lieu thereof the figure "15," by deleting therefrom the phrase ", unless the sentence is under appeal,", and by striking therefrom "$5.00" and substituting in lieu thereof "$7.50", so that when so amended said subsection (c) of Code Section 42-5-51 shall read as follows: "(c) After proper documentation is received from the clerk of the court, the depart ment shall have 36 15 days to transfer an inmate under sentence^ unless the sentence is tmdr appeal, to the place of confinement. If the inmate is not transferred within the 30 15 days, the department will reimburse the county, in a sum not less than $6.00 $7.50 per day per inmate and in such an amount as may be appropriated for this purpose by the General Assembly, for the cost of the incarceration, commencing 30 15 days after proper documentation is received by the department from the clerk of the court. The reimbursement provisions of this Code section shall only apply to payment for the incar ceration of felony inmates available for transfer to the department, except inmates under death sentence awaiting transfer after their initial trial, and shall not apply to inmates who were incarcerated under the custody of the commissioner at the time they were returned to the county jail for trial on additional charges or returned to the county jail for any other purposes, including for the purpose of a new trial." Section 3. Said chapter is further amended by deleting in their entirety Code Sec tions 42-5-54 through 42-5-56, which Code sections read as follows: "42-5-54. Authority is granted to city and county jail officials, sentencing judges, the department, and the wardens and superintendents of all county and state correctional institutions to arrange for the temporary transfer to state or county correctional institu tions of persons who have been convicted of crimes but who will likely be involved in FRIDAY, MARCH 26, 1982 3393 lengthy or long-term appeals and thus forced to spend considerable time in jails or lock ups which are not equipped to handle long-term inmates. 42-5-55. (a) Except in the circumstances described in subsections (b) and (c) of this Code section, the authority contained in Code Section 42-5-54 shall not be exercised as to any particular convicted person until and unless the person or his attorney or both have requested of the trial judge the desired transfer to a state or county correctional institution pending outcome of the appeal. (b) The authority contained in Code Section 42-5-54 may be exercised when the trial judge certifies in writing to the commissioner that the continued custody in the local jail or lockup of a person who has been convicted of the offense of murder, rape, kidnap ping, or armed robbery constitutes a dangerous condition which the local jail or lockup is not equipped to meet or control. (c) The authority contained in Code Section 42-5-54 may be exercised when the trial judge certifies in writing to the commissioner that the continued custody in the local jail or lockup of a person whose testimony or actions contributed to the conviction of another person held in the same local jail or lockup presents a dangerous situation which the local jail or lockup is not equipped to meet or control. (d) The commissioner may decline to accept any convicted person committed and transferred to his custody under the authority granted in this Code section if there is not adequate space in a state or county correctional institution to maintain the person. 42-5-56. The board is authorized to create and promulgate, in writing, reasonable rules and regulations which shall provide the methods and procedures for carrying out the authorization contained in Code Sections 42-5-54 and 42-5-55. The regulations may also provide for procedures and regulations governing the handling of the convicted per sons, including requiring such work as may lawfully be permissible. No transfers under Code Sections 42-5-54 and 42-5-55 of persons convicted of crimes will be permitted until the board has adopted such rules and regulations." Section 4. This Act shall become effective on January 1, 1983. Section 5. All laws and parts of laws in conflict with this Act are repealed. Representative Lambert of the 112th moved that the House adopt the report of the Committee of Conference on HB 1337. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G N Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom Bargeron Y Baugh YBeal YBeck Y Benefield YBenn Birdsong Y Bishop Y Bolster Y Branch YBray N Brooks Buck Y Burruss Burton YByrd Y Cason Y Castleberry Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Y Collins Y Colwell Y Connell Y Couch Cox Y Crawford Crosby Y Culpepper Y Cummings Y Darden Daugherty Davis.B N Davis.J N Davis.L YDean Dent Dixon Y Dobbs Y Dover Y Edwards Elliott Evans Y Felton Y Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover Y Godbee Y Greer YHam Hamilton Y Manner Y Harris Y Harrison Hasty Y Hawkins YHays YHill Y Holmes Y Hooks Home Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N N Jackson, W Y Jessup Y Johnson.G Y Johnson.R Jones,B N Jones.H Y Karrh YKemp Y Kilgore Y Lambert Y Lane,D Y Lane.R Y Lawson YLee Y Logan Long YLord YLowe Lucas Y Mangum Mann Y Marcus Y Martin Y Matthews Y McCollum Y McDonald McKtnney Miles Y Milford Y Montgomery Y Moody Y Moore Mostiler Y Mullinax Y Nicholson YNix Y Oliver Y Padgett Y Parham Patten Y Perry Y Peters Phillips.B Phillips.L.L Y Phillips,R.T Y Phillips,W.R Y Pilewicz Pinks ton Y Rainey Y Ralston Y Ramsey Randall Y Reaves Y Richardson Y Robinson 3394 JOURNAL OF THE HOUSE, Rose YRoss Y Rowland Y Russell Savage Scott,A YScott,D YShepard Sherrod YSizemore Y Smith,T Smith.V Smyre YSnow YSteinberg Y Swann Y Thomas Y Thompson Y Townsend Triplett Y Tuten N Twiggs Y Vandiford Y Vaughn On the motion, the ayes were 132, nays 7. The motion prevailed. Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson Y White Y 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 passed by the requisite constitutional majority the following Bills of the House: HB 1841. By: Representative Birdsong of the 103rd: A BILL to amend an Act providing an annual salary for the Clerk of the Superior Court of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relating to the compensation of the clerk; to change the provisions relating to personnel for said officer; and for other purposes. HB 1842. By: Representative Birdsong of the 103rd: A BILL to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation of the sheriff; to change the provisions relative to personnel for said officer; and for other purposes. HB 1843. By: Representative Birdsong of the 103rd: A BILL to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Twiggs, so as to change the compensation of the chairman and other members of the board; and for other purposes. HB 1844. By: Representative Birdsong of the 103rd: A BILL to amend an Act providing an annual salary for the Tax Commissioner of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relative to the compen sation of the tax commissioner; to change the provisions relative to personnel for said officer; and for other purposes. HB 1845. By: Representative Birdsong of the 103rd: A BILL to amend an Act providing an annual salary for the Judge of the Probate Court of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation of the judge of the probate court; to change the provisions rela tive to personnel for said officer; and for other purposes. HB 407. By: Representative Hill of the 127th: A BILL to amend an Act providing for the compensation of certain officers of counties of this state having a population of not less than 180,000 nor more than 190,000, so as to change the compensation of the tax commissioner; and for other purposes. HB 944. By: Representative Phillips of the 125th: A BILL to amend an Act imple menting the provisions of Article V, Section VII, Paragraph II of the Constitu tion of Georgia creating the Savannah District Authority, now known as the FRIDAY, MARCH 26, 1982 3395 Savannah Port Authority, so as to further define the terms "project" and "cost of project" in describing the powers and duties of the Savannah Port Authority; and for other purposes. HB 1303. By: Representative Greer of the 43rd: A BILL to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county, so as to provide that individuals employed by the Fulton County Department of Family and Children Services after a certain date shall not be authorized to participate in the pension fund established by said Act; and for other purposes. HB 1343. By: Representative Benn of the 38th: A BILL to amend the Act providing that cities having a population of more than 300,000 shall furnish pensions to all officers and employees of such cities and for such purposes set forth in the cap tion of said Act and the several Acts amendatory thereof, so as to correct an inadvertent reference to the "Superior Court of Fulton County,"; and for other purposes. HB 1357. By: Representatives Williams and Foster of the 6th: A BILL to amend an Act incorporating the City of Dalton, so as to revise and consolidate comprehensively the "Mayor and Council of the City of Dalton Employees' Pension Plan"; and for other purposes. HB 1396. By: Representative Daugherty of the 33rd: A BILL to amend an Act establishing a municipal court of the City of Atlanta, so as to revise certain costs and service fees charged by the clerk and marshal of said court; and for other purposes. HB 1412. By: Representative Pinkston of the 100th: A BILL to amend an Act entitled "Macon-Water Commissioners Pension Plan;" and for other purposes. HB 1501. By: Representatives Fuller of the 27th and Couch of the 43rd: A BILL to com pletely and exhaustively revise, supersede, consolidate, and replace all of the laws and amendments thereto pertaining to the Fulton County Personnel Administration; and for other purposes. HB 1537. By: Representatives Nicholson of the 88th and Padgett of the 86th: A BILL to establish the compensation of certain officials of Richmond County, Georgia; to prohibit certain practices by certain officials; and for other purposes. HB 1625. By: Representatives Home of the 104th, Pinkston of the 100th, Randall of the 101st, Ham of the 80th, Birdsong of the 103rd and Lucas of the 102nd: A BILL to amend an Act establishing the board of public education and orphanage for Bibb County, so as to provide that there shall be no limit upon the number of terms which a member of the board may serve; and for other purposes. HB 1671. By: Representatives Townsend of the 24th, Fuller of the 27th, Couch, Lowe and Greer of the 43rd: A BILL to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions pertaining to municipal corporations, so as to authorize the municipal authorities in certain municipal corporations to close municipal streets under certain conditions; and for other purposes. HB 1691. By: Representative Adams of the 36th: A BILL to provide for the establishment of a county-wide library system in Fulton County; to provide the procedures for 3396 JOURNAL OF THE HOUSE, the transfer of certain existing library services and facilities located within unincorporated Fulton County; to provide conditions for the effectiveness of this Act and for an effective date; and for other purposes. HB 1707. By: Representative Dean of the 29th: A BILL to amend an Act creating county building authorities in certain counties having a population of 550,000 or more according to 1970 United States decennial census or any such future census, so as to redefine project; to authorize the leasing of project to governmental and public and private persons; to redefine the "cost of the project"; and for other purposes. HB 1737. By: Representative Hawkins of the 50th: A BILL to amend an Act creating a new charter for the City of Atlanta, so as to exclude certain property from the corporate limits of the city; and for other purposes. HB 1749. By: Representatives Scott of the 123rd, Dent of the 85th, Nicholson of the 88th, Hill of the 127th, Smyre of the 92nd and others: A BILL to amend Code Sec tion 5A-507, relating to the sale of alcoholic beverages on Sundays and election days, so as to change the population requirements relating to such sales in counties having a population of not less than 170,000 and not more than 195,000 according to the United States decennial census of 1970 or any future such census; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1811. By: Representatives Snow and Hays of the 1st, Foster of the 6th, Peters of the 2nd and Ramsey of the 3rd: A BILL to amend an Act providing a salary for the court reporter of the Lookout Mountain Judicial Circuit, so as to change the salary of the court reporter; and for other purposes. HB 1836. By: Representative Couch of the 43rd: A BILL to provide a new charter for the City of Union City; and for other purposes. HB 1877. By: Representative Dobbs of the 74th: A BILL to repeal an Act fixing the com pensation of members of boards of education in counties having a population of not less than 34,000 and not more than 34,500; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1887. By: Representatives Moody and Byrd of the 138th: A BILL to amend an Act creating the Board of Commissioners of Wayne County, so as to change the pro visions relative to the election of members of the Board; and for other purposes. HB 1926. By: Representatives Wilson of the 19th, Isakson, Nix and Harrison of the 20th, and Burruss and Aiken of the 21st: A BILL to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide that in all counties having a population of not less than 250,000 nor more than 400,000 according to the United States decennial census of 1980 or any future such census the taxes shall become due and pay able on August 15 in each year and shall become delinquent if not paid by October 15 of each year; and for other purposes. HB 1941. By: Representative Mullinax of the 69th: A BILL to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to extend and increase the corporate limits of the City of LaGrange; and for other pur poses. FRIDAY, MARCH 26, 1982 3397 The Senate has adopted the report of the Committee of Conference on the following Bill of the House: HB 1906. By: Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th: A BILL to amend the "Georgia Alcoholic Beverage Code," Code Title 5A, so as to permit the governing authorities of certain counties and municipalities to authorize the sale of alcoholic beverages for consumption on the premises on Sundays if approved at a referendum; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House: HB 1943. By: Representative Kilgore of the 65th: A BILL to provide for election districts for election to the Board of Education of Douglas County; and for other pur poses. HB 1946. By: Representatives Jackson, Wood and Lawson of the 9th: A BILL to amend an Act creating a board of commissioners for Forsyth County, so as to change the dollar amount of purchases which can be made without the necessity of receiving bids; and for other purposes. HB 1945. By: Representative Jones of the 78th: A BILL to amend an Act creating the board of commissioners of Butts County, so as to provide for staggered terms of members of the board; and for other purposes. HB 1949. By: Representatives Karrh of the 106th and Miles of the 107th: A BILL to abol ish the present mode of compensating the Clerk of the Superior Court of Emanuel County, known as the fee system; to provide in lieu thereof an annual salary and to provide for the increase and decrease thereof; and for other purposes. HB 1950. By: Representative Bray of the 70th: A BILL to amend an Act incorporating the City of Manchester, so as to change the corporate limits of the city; and for other purposes. HB 1951. By: Representative Vaughn of the 57th: A BILL to amend an Act creating the Magistrate's Court of Rockdale County, so as to change the amount of the fine that the magistrate may impose for any single offense; and for other purposes. HB 1952. By: Representatives Mann and Milford of the 13th: A BILL to amend an Act incorporating the City of Maxeys, so as to change the terms of the mayor and councilmen; and for other purposes. HB 1953. By: Representatives Buck of the 95th, Cason of the 96th, Rose of the 93rd, Galer of the 97th, Smyre of the 92nd and others: A BILL to amend an Act establish ing the Municipal Court of Columbus, so as to change the provisions relating to the bonds of the clerk and the marshal of said court; and for other purposes. HB 1956. By: Representative Reaves of the 147th: A BILL to fix the compensation of cer tain officials of cities which have a population of not less than 5,150 and not more than 5,300; and for other purposes. HB 1958. By: Representative Culpepper of the 98th: A BILL to amend an Act establishing a municipal court in and for the City of Fort Valley, so as to change the provi sions relating to penalties imposed by such court; and for other purposes. 3398 JOURNAL OF THE HOUSE, HB 1959. By: Representatives Karrh of the 106th and Miles of the 107th: A BILL to pro vide for election of members to the Emanuel County Board of Education; to provide for seven single-member election districts; and for other purposes. HB 1960. By: Representative Branch of the 137th: A BILL to amend an Act placing the sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change the provisions relative to the salary of deputy sheriffs; and for other purposes. HB 1961. By: Representative Branch of the 137th: A BILL to amend an Act creating a board of commissioners of roads and revenues for the County of Irwin, so as to change the salary provisions relating to the clerk and the secretary; and for other purposes. HB 1962. By: Representative Jackson of the 77th: A BILL to amend an Act changing the compensation of coroners in all counties of this State having a population of not less than 22,320 and not more than 22,500, according to the United States decennial census of 1970, or any future such census, so as to change certain population brackets and census references; and for other purposes. HB 1963. By: Representative Ross of the 76th: A BILL to amend an Act placing the clerk of the Superior Court of Warren County on an annual salary, so as to change the provisions relative to the compensation of the deputy clerk; and for other purposes. HB 1965. By: Representatives Walker of the 115th and Culpepper of the 98th: A BILL to amend an Act relating to the State Court of Macon County, so as to change provisions relating to the compensation of the judge and solicitor; and for other purposes. HB 1966. By: Representatives Nix, Harrison and Isakson of the 20th, Darden and Thomp son of the 19th, and others: A BILL to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to provide that the board of education of Cobb County may conduct its meetings at any location within Cobb County and, for special purposes, outside the limits of Cobb County; and for other purposes. HB 1967. By: Representatives Godbee of the 82nd and Bargeron of the 83rd: A BILL to amend an Act creating the Small Claims Court of Burke County, so as to change provisions relating to the compensation of the judge and fees and costs charged by the court; and for other purposes. HB 1968. By: Representatives Johnson, Benefield, Lee and Wood of the 72nd: A BILL to change the composition of and manner of selection of the members of the board of education of Clayton County; to fix the compensation of members of the board; and for other purposes. HB 1970. By: Representative Padgett of the 86th: A BILL to amend an Act creating the Town of Hephzibah and for other purposes, so as to change a provision relative to the manager of financial affairs; and for other purposes. HB 1971. By: Representative Lane of the 40th: A BILL to amend an Act providing for the powers and purposes of the East Point Business and Industrial Develop ment Authority, so as to clarify the procedure for appointing certain members of the authority; and for other purposes. FRIDAY, MARCH 26, 1982 3399 HB 1969. By: Representative Colbert of the 23rd: A BILL to amend an Act consolidating, creating, revising and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said munici pal corporation, so as to remove certain property from the corporate limits of said city; and for other purposes. HB 1899. By: Representatives Davis of the 45th, Mangum of the 56th and Williams of the 48th: A BILL to amend an Act providing for the organization, jurisdiction, venue, practice and procedure of state courts, so as to provide for the terms of the state court of each county of this state having a population of not less than 350,000 nor more than 500,000 according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Anno tated accordingly; and for other purposes. HB 1942. By: Representative Reaves of the 147th: A BILL to amend an Act relating to fire protection districts in Brooks County, so as to limit the amount of taxes which may be levied without a referendum; and for other purposes. HB 1055. By: Representatives Brooks of the 34th,Randall of the 101st, Hill of the 127th, Scott of the 123rd, Walker of the 115th and others: A BILL to amend Code Chapter 35-10, relating to regulation of professional fund raising, so as to redefine the terms "charitable organization" and "charitable purpose"; and for other purposes. HB 1204. By: Representatives Richardson of the 52nd, Felton of the 22nd, Williams of the 48th, Childs of the 51st and Lowe of the 43rd: A BILL to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to pro vide a new chapter establishing children's responsibility for cost of nursing home care of their parents; and for other purposes. HB 1348. By: Representatives Hays and Snow of the 1st, Colwell of the 4th, Jackson and Wood of the 9th, and Oliver of the 121st: A BILL to amend an Act known as the "Statewide Probation Act," so as to enact certain provisions relating to pro bated sentences; to provide for certain conditions that may be placed on pro bated sentences; to provide for notice to the Department of Offender Rehabilitation when a person is sentenced under these certain conditions; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. HB 1547. By: Representative Bray of the 70th: A BILL to amend Code Section 49-606, relating to the procedure for appointing a guardian, so as to authorize certain physicians in federal medical facilities to execute certain affidavits; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1638. By: Representative Lambert of the 112th: A BILL to amend Code Section 44-10-2 of the Official Code of Georgia Annotated, relating to definitions relat ing to facade and conservation easements, so as to change the definition of facade easement to include easements granted on certain designated property; and for other purposes. HB 1776. By: Representative Birdsong of the 103rd: A BILL to amend Code Section 59-105, relating to the compensation of jury commissioners, so as to change the provisions relative to such compensation; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. 3400 JOURNAL OF THE HOUSE, HB 1421. By: Representative Twiggs of the 4th: A BILL to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to notaries public, so as to provide proof of appointment for notaries public to purchase or obtain the seal of office; to provide that cer tain practices or conduct shall be unlawful; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House: HR 690. By: Representatives Adams of the 36th, Bolster of the 30th, Johnson of the 66th and Argo of the 63rd: A RESOLUTION urging the Georgia Office of Energy Resources to provide expertise in assisting persons in the development HR 938. By: Representative Collins of the 144th: A RESOLUTION commending the Honorable James L. (Jimmy) Lester; and for other purposes. The Senate has agreed to the House amendment to the Senate substitute to the fol lowing Resolution of the House: HR 753. By: Representative Dobbs of the 74th: A RESOLUTION proposing an amend ment to the Constitution so as to change the provisions relating to homestead exemptions for residents of Newton County so that each resident shall receive a $4,000.00 exemption from county and school ad valorem taxes and certain elderly and disabled residents may receive an $8,000.00 exemption; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House: HR 563. By: Representative Crosby of the 150th: A RESOLUTION proposing an amend ment to the Constitution so as to authorize the board of commissioners of Ware County to create the office of county manager, appoint and remove the county manager, fix his compensation, and duties, powers, and responsibilities; and for other purposes. HR 672. By: Representative Smith of the 42nd: A RESOLUTION proposing an amend ment to the Constitution so as to provide an increase in the maximum income qualification for homestead exemptions from the city ad valorem taxation for resident homeowners in the City of Union City who are 65 years of age or older; and for other purposes. HR 701. By: Representative Couch of the 43rd: A RESOLUTION proposing an amend ment to the Constitution so as to increase the amount of the homestead exemp tion from city ad valorem taxation to resident homeowners in the City of College Park, who are under the age of 65 to the amount of $6,000.00 and to increase the homestead exemption from city ad valorem taxation to resident homeowners in the City of College Park who are totally disabled or 65 years of age or older to the amount of $8,000.00; and for other purposes. HR 718. By: Representative Dean of the 29th: A RESOLUTION proposing an amendment to the Constitution so as to authorize, ratify, and affirm the creation by the General Assembly of a building authority of Fulton County; to authorize such authority to enter into certain contracts; authorize the General Assembly to exempt the obligations, properties, activities, or income of such authority from FRIDAY, MARCH 26, 1982 3401 taxation; to authorize the General Assembly to provide for the validation of any revenue obligation of such authority; and for other purposes. HR 741. By: Representatives Adams of the 36th: A RESOLUTION proposing an amend ment to the Constitution of the State of Georgia so as to create the Hapeville Development Authority; and for other purposes. HR 774. By: Representative Bolster of the 30th: A RESOLUTION proposing an amend ment to the Constitution so as to authorize the General Assembly to provide by local law that exemptions from ad valorem taxation by Fulton County and the City of Atlanta for inventories of certain goods may apply within urban enterprise zones established by the governing body of the City of Atlanta; and for other purposes. HR 775. By: Representative Bolster of the 30th: A RESOLUTION proposing an amend ment to the Constitution so as to provide that the General Assembly may enact legislation treating real property located in an urban enterprise zone as desig nated by the governing body of the City of Atlanta as a separate class of prop erty in Fulton County and the City of Atlanta for the purposes of ad valorem taxes levied for city and county purposes; and for other purposes. HR 789. By: Representatives Davis of the 45th, Widener of the 44th and Williams of the 48th: A RESOLUTION proposing an amendment to the Constitution so as to limit the power of DeKalb County and the DeKalb County School District to impose, levy, collect, and receive ad valorem taxes; and for other purposes. HR 942. By: Representatives Burruss of the 21st, Thompson and Darden of the 19th, Nix and Isakson of the 20th and Aiken of the 21st: A RESOLUTION commending Dr. Sid E. Williams; and for other purposes. The Senate recedes from its amendments to the following Bills of the House: HB 1641. By: Representatives Mostiler and Fortune of the 71st and Cummings of the 17th: A BILL to amend Code Section 20-2-53 of the Official Code of Georgia Annotated, relating to certifying the selection of members of county boards of education and county school superintendents, so as to change the provisions rel ative to such certification; and for other purposes. HB 1380. By: Representatives Adams of the 36th, Hamilton of the 31st, Greer of the 43rd and Townsend of the 24th: A BILL to amend an Act creating the Board of Commissioners of Fulton County, so as to revise commissioner districts for the election of certain members of the board of commissioners; and for other pur poses. HB 1395. By: Representative Savage of the 25th: A BILL to amend Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, so as to change the definition of the term "eye bank"; to change the provisions relating to persons who may operate eye banks; and for other purposes. HB 1714. By: Representatives Snow of the 1st and Castleberry of the lllth: A BILL to amend Code Section 15-6-89 of the Official Code of Georgia Annotated, relating to additional remuneration for clerks of the superior courts, so as to add provi sions relative to the abolishment of certain courts; and for other purposes. 3402 JOURNAL OF THE HOUSE, The Senate recedes from its substitute to the following Bill of the House: HB 1529. By: Representatives Crosby of the 150th and Dixon of the 151st: A BILL to amend an Act providing for the issuance of special license tags to motor vehicle owners who operate citizens' band radio stations, so as to provide for the amount of the additional fee required to obtain such special license plate; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. The Senate has agreed to the House amendments to the following Bills and Resolu tions of the Senate: SB 567. By: Senator Kidd of the 25th: A BILL to create the Executive Probate Judges Council of Georgia; to amend the Official Code of Georgia Annotated accord ingly; and for other purposes. SB 593. By: Senator Scott of the 43rd: A BILL to amend Code Section 56-2419, relating to construction of insurance policies, so as to provide that no other laws shall be construed to abrogate any insurer's rights or duties under policies of insur ance or provisions of policies of insurance which have been approved by the Insurance Commissioner of the State of Georgia; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. SB 599. By: Senator Broun of the 46th: A BILL to amend Code Section 68B-307, relating to the authority of the Department of Public Safety, to suspend or revoke licenses, so as to require the Department of Public Safety to deduct any points assessed against an individual under certain circumstances; to amend the Offi cial Code of Georgia Annotated accordingly; and for other purposes. SB 602. By: Senators Dean of the 31st, McKenzie of the 14th and Bell of the 5th: A BILL to amend Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relat ing to standards and requirements for the construction and alteration of build ings and other structures, so as to provide for the certification of industrialized buildings and for the establishment of uniform health and safety standards and inspection procedures for industrialized buildings; and for other purposes. SB 747. By: Senator Horton of the 17th: A BILL to amend an Act known as the "Fair Business Practices Act of 1975," so as to provide for the regulation of career consulting firms; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. SB 757. By: Senator Stumbaugh of the 55th: A BILL to provide for an advisory referen dum within DeKalb County to determine the opinion of the electorate relative to DeKalb Community College continuing to be operated as an institution of the DeKalb County Board of Education or being transferred to the Board of Regents and operated as a unit of the University System of Georgia; and for other purposes. SB 782. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to change the method of selection of members of the Glynn-Brunswick Hospital Authority; to provide for qualifications of members; and for other purposes. SR 171. By: Senator Hudgins of the 15th: A RESOLUTION creating the Joint Chil dren and Youth Study Committee; and for other purposes. FRIDAY, MARCH 26, 1982 3403 SR 226. By: Senators Horton of the 17th, Bond of the 39th, Eldridge of the 7th and oth ers: A RESOLUTION creating the Services for the Aged Study Committee; and for other purposes. SR 274. By: Senator Coverdell of the 40th: A RESOLUTION creating the Hazardous Driv ers Study Committee; and for other purposes. The Senate has adopted the Conference Committee Reports on the following Bills of the Senate and House: SB 506. By: Senator Land of the 16th: A BILL to amend Code Section 40-5-63 of the Offi cial Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to change the period of suspension in cases where a person in violation of Code Section 40-5-55 is the operator of a motor vehicle which is involved in an accident in which any person is killed; and for other purposes. SB 693. By: Senator Sutton of the 9th: A BILL to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of pub lic records, so as to provide for certain penalties; to provide for certain actions in the superior courts; and for other purposes. HB 291. By: Representatives Harrison and Isakson of the 20th, Darden of the 19th, and Nix of the 20th: A BILL to amend an Act establishing the Teachers' Retire ment System of Georgia, so as to change a provision relative to a definition; and for other purposes. HB 1337. By: Representatives Lambert of the 112th and Argo of the 63rd: A BILL to amend Chapter 42-5 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to provide that persons convicted of crimes whose confinement shall be served in institutions under the control of the Department of Offender Rehabilitation shall not remain in confinement in local prison facilities while their conviction is on appeal; to change the provi sions relative to the delivery of custody of inmates to the Department of Offender Rehabilitation; and for other purposes. HB 1349. By: Representatives Coleman of the 118th, Pinkston of the 100th, Hanner of the 130th, Ramsey of the 3rd, Phillips of the 59th, and Jackson of the 77th: A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the definition of the term "counterfeit substance"; to make it unlawful to manufacture, deliver, dis tribute, dispense, or sell a noncontrolled substance upon the express or implied representation that the substance is a narcotic or nonnarcotic controlled sub stance; and for other purposes. HB 1373. By: Representatives Reaves of the 147th, Veazey of the 146th, Balkcom of the 140th, Long of the 142nd, and Cheeks of the 89th: A BILL to amend Code Chapter 84-40, relating to the Georgia State Board of Landscape Architects, so as to continue the board and the laws relating to the board until a certain date; to clarify the exemption for landscape contractors; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1435. By: Representatives Parham of the 109th and Baugh of the 108th: A BILL to amend Code Title 79A, relating to the manufacture, production, distribution, and use of drugs, medicines, poisons, so as to amend the list of dangerous 3404 JOURNAL OF THE HOUSE, drugs; to amend the exemptions from the list of dangerous drugs; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1437. By: Representative Ham of the 80th: A BILL to amend Code Section 5A-5511, relating to small domestic wineries, so as to change the amount of wine which may be produced by wineries selling at retail on their premises; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. HB 1464. By: Representatives Mullinax of the 69th, Wood of the 72nd, Mostiler of the 71st, Aaron of the 56th, White of the 132nd and Ginsberg of the 122nd: A BILL to amend Code Title 114, relating to workers' compensation, so as to change the provisions relating to income benefits for total disability; to change the provi sions relating to income benefits for permanent partial disability; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. 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 1906. By: Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th: A BILL to amend the "Georgia Alcoholic Beverage Code," Code Title 5A, so as to permit the governing authorities of certain counties and municipalities to authorize the sale of alcoholic beverages for consumption on the premises on Sundays if approved at a referendum; and for other purposes. The President has appointed on the part of the Senate the following: Senators Broun of the 46th, Reynolds of the 48th and Kidd of the 25th. The following Bill of the House was taken up for the purpose of considering the Senate's appointment of a Second Committee of Conference thereon: HB 1906. By: Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th: A BILL to amend the "Georgia Alcoholic Beverage Code," Code Title 5A, so as to permit the governing authorities of certain counties and municipalities to authorize the sale of alcoholic beverages for consumption on the premises on Sundays if approved at a referendum; and for other purposes. Representative Martin of the 60th moved that the House appoint a Second Committee of Conference on HB 1906 to confer with a like Committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Second Committee of Conference on the part of the House, the following members: Representatives Argo of the 63rd, Martin of the 60th, and Dixon of the 151st. The Senate has adopted the Conference Committee Reports on the following Bills of the House: HB 1525. By: Representatives Rainey of the 135th and Peters of the 2nd: A BILL to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to eliminate the requirement that superior court clerks FRIDAY, MARCH 26, 1982 3405 report to the Department of Natural Resources the disposition of game and fish prosecutions; and for other purposes. HB 1546. By: Representatives Triplett of the 128th and McDonald of the 12th: A BILL to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center, so as to pro vide for the re-creation, powers, and duties of the Geo. L. Smith II Georgia World Congress Center Authority; to provide for the management of the Geo. L. Smith II Georgia World Congress Center Authority by a board of governors; and for other purposes. HB 1261. By: Representatives Parham of the 109th and Baugh of the 108th: A BILL to amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, so as to continue the State Board of Pharmacy and the laws relating thereto but to pro vide for the later termination of the board and the laws relating thereto; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. The Senate has adopted the Second Conference Committee report on the following Bills of the House: HB 55. By: Representatives Greer of the 43rd and Adams of the 36th: A BILL to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965," to give the Authority the power to enter into contracts to acquire prop erty from or dispose of property to the United States of America, the State of Georgia, other states of the U.S., and political subdivisions thereof; and for other purposes. HB 1906. By: Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th: A BILL to amend the "Georgia Alcoholic Beverage Code," Code Title 5A, so as to permit the governing authorities of certain counties and municipalities to authorize the sale of alcoholic beverages for consumption on the premises on Sundays if approved at a referendum; and for other purposes. The Senate has agreed to the House substitutes to the following Bills and Resolutions of the Senate: SB 4. By: Senators Hudgins of the 15th and Littlefield of the 6th: A BILL to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to change the provi sions regarding creation of juvenile courts; to provide for judges; to provide for their election, compensation, terms of office and appointment; and for other purposes. SB 78. By: Senator Barnes of the 33rd: A BILL to amend an Act known as the "Act Cre ating the Superior Court Judges Retirement System," so as to change the provi sions relative to definitions; to provide for the inclusion of certain prior public service as creditable service under certain conditions; and for other purposes. SB 142. By: Senator Tysinger of the 41st: A BILL to amend an Act providing certain requirements in connection with blasting or excavating in the vicinity of under ground gas pipes and other facilities, so as to change the definition of the term "gas"; and for other purposes. SB 325. By: Senator Howard of the 42nd: A BILL to amend Code Title 8, relating to attachment, so as to provide when a judgment of attachment binds the defend ant's property; to provide for setting aside judgments; to provide for issue of 3406 JOURNAL OF THE HOUSE, execution and levy on judgments; to provide for application of proceeds of sales; and for other purposes. SB 364. By: Senators Littlefield of the 6th, Wessels of the 2nd and Barnes of the 33rd: A BILL to amend Code Title 56, relating to insurance, so as to provide for a new Code chapter relating to insurance information and privacy protection; to provide for legislative intent; to provide for the scope and application of said Code Chapter; and for other purposes. SB 457. By: Senator Stephens of the 36th: A BILL to define the status and prescribe the duties and powers of certain employees of county adult probation departments in certain counties; and for other purposes. SB 489. By: Senator Scott of the 43rd: A BILL to amend Code Section 68-214, relating to the registration and licensing of motor vehicles, license plates, and revalidation stickers, so as to delete the provision allowing a vehicle to be stored at the owner's expense if a county decal is not affixed to the license plate; to amend the Official Code of Georgia Annotated accordingly; and for other pur poses. SB 511. By: Senators Garner of the 30th, Hill of the 29th, Cobb of the 28th and Barnes of the 33rd: A BILL to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to make it unlawful knowingly to publish the name of a person under the age of 17 who has been or may have been the victim of a crime which constitutes a felony without the written consent of a parent or legal guardian; and for other purposes. SB 519. By: Senators Coverdell of the 40th, Stumbaugh of the 55th and Howard of the 42nd: A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for conditional drivers' licenses for persons 16 or 17 years of age; to provide for the revocation of such licenses; to change the provisions relating to habitual violators; to change the provisions relating to the mandatory suspension of drivers' licenses for certain offenses; and for other purposes. SB 596. By: Senator Greene of the 26th: A BILL to amend Code Section 45-502, relating to night hunting, so as to require that certain security interest holders be noti fied of and be permitted to defend in certain actions relating to confiscation and seizure of property used in night hunting; to protect such security interests; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. SB 678. By: Senators Greene of the 26th and Robinson of the 27th: A BILL to amend Code Section 23-1705, relating to requirements of payment and performance bonds for public contracts, so as to change the provisions relating to exemption of contracts below a certain price; to amend the Official Code of Georgia Anno tated accordingly; and for other purposes. SB 683. By: Senators Barnes of the 33rd, Sutton of the 9th, Howard of the 42nd and oth ers: A BILL to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to the conduct of meetings of state and local government departments, agencies, and authorities, so as to completely revise and supersede said chapter; and for other purposes. FRIDAY, MARCH 26, 1982 3407 SB 684. By: Senators Engram of the 34th, Starr of the 44th, Gillis of the 20th and others: A BILL to amend Code Chapter 88-3A, relating to public health law inspection warrants, so as to change the definition of inspection warrant; to provide for persons who may obtain inspection warrants; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. SB 696. By: Senators Robinson of the 27th and Barker of the 18th: A BILL to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to cer tificates of title, security interests, and liens, so as to change certain penalty provisions; and for other purposes. SB 730. By: Senator Summers of the 53rd: A BILL to amend Code Section 84-311A, relat ing to the qualifications for auctioneers and apprentice auctioneers, so as to authorize the issuance of an auctioneer's license to certain persons without the necessity for taking an examination; to amend the Official Code of Georgia Annotated accordingly; and for other purposes. SB 775. By: Senator Walker of the 19th: A BILL to amend an Act providing for the elec tion of members of the Telfair County Board of Education from education dis tricts, so as to change the terms of office of certain current members; and for other purposes. SB 780. By: Senators Littlefield of the 6th and Bryant of the 3rd: A BILL to amend an Act creating the Magistrate's Court of Glynn County, so as to change the com pensation of the deputy magistrate; and for other purposes. SR 29. By: Senator Kidd of the 25th: A RESOLUTION authorizing the conveyance of cer tain State-owned property located in the City of Milledgeville, Baldwin County; and for other purposes. SR 340. By: Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th: A RES OLUTION proposing an amendment to the Constitution so as to provide for the sovereign immunity of the state and all of its departments and agencies; to provide for a waiver thereof by Act of the General Assembly; and for other pur poses. SR 346. By: Senators Starr of the 44th, Howard of the 42nd, Gillis of the 20th and others: A RESOLUTION creating the Environmental Facilities Study Commission; and for other purposes. The following Bill of the House was taken up for the purpose of considering the report of the Second Committee of Conference thereon: HB 1906. By: Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th: A BILL to amend the "Georgia Alcoholic Beverage Code," Code Title 5A, so as to permit the governing authorities of certain counties and municipalities to authorize the sale of alcoholic beverages for consumption on the premises on Sundays if approved at a referendum; and for other purposes. The following report of the Second Committee of Conference on HB 1906 was read: 3408 JOURNAL OF THE HOUSE, CONFERENCE COMMITTEE REPORT ON HB 1906 The Conference Committee on HB 1906 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1906 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Culver Kidd Senator, 25th District /s/Honorable Paul C. Broun Senator, 46th District FOR THE HOUSE OF REPRESENTATIVES: , ,,, ,, ,, , . /s/Honorable Bob Argo Representative, 63rd District /s/Honorable Harry D. Dixon Representative, 151st District /s/Honorable Steve Reynolds Senator, 48th District /s/Honorable Charles Martin Representative, 60th District A BILL To amend the "Georgia Alcoholic Beverage Code," Code Title 5A, so as to permit the governing authorities of certain counties and municipalities to authorize the sale of alco holic beverages for consumption on the premises at certain times on Sundays if approved in a referendum; to provide that certain special referendum elections to determine if licenses to sell alcoholic beverages for beverage purposes by the drink, such sales to be for consumption only on the premises, shall be conducted at the time of any other primary or election; to provide the procedures connected therewith; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1. The "Georgia Alcoholic Beverage Code," Code Title 5A, is amended by adding at the end of Section 5A-507, relating to the sale of alcoholic beverages on Sundays and election days, a new subsection to be labeled subsection (j) and to read as follows: "(j) (1) In each county having a population of not less than 69,000 and not more than 75,000 according to the United States Decennial Census of 1980 or any future such census, in which the sale of alcoholic beverages is lawful and in all municipalities in those counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alco holic beverages for consumption on the premises at any time from 11:55 P.M. on Sat urdays and one hour immediately following that time. (2) (A) This subsection shall not become effective in the unincorporated area of any such county or in any municipality unless the application to the unincorporated area of such county or municipality is approved at a referendum by the voters of the unincorporated area of any such county or municipality. Such referendum shall be held on the date of the first general primary election held after this paragraph first applies to the county or municipality. Not less than 30 nor more than 60 days prior to the date of such primary, it shall be the duty of the election superintendent of the county to issue the call for an election for the purpose of submitting this question to the electors of the unincorporated area of any such county and each affected municipality for approval or rejection. The superintendent shall set the date of such election for the date of said primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the county. The bal lot shall have written or printed thereon the words: FRIDAY, MARCH 26, 1982 3409 '( ) YES ( ) NO Shall the law allowing the governing authority of (insert name of the affected political subdivision) to allow the sale of alcoholic beverages for one hour after 11:55 P.M. on Saturdays be approved?' (B) All persons desiring to vote for approval shall vote 'Yes,' and those persons desiring to vote for rejection shall vote 'No.' If more than one-half of the votes cast on such question in the unincorporated area of such county are for approval, then paragraph (1) shall become of full force and effect in the unincorporated area of the county. If more than one-half of the votes case on such question in any municipality are for approval, then paragraph (1) shall become of full force and effect in such municipality. (C) The expense of such election shall be borne by the county. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State." Section 2. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 5A-2903 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) Upon a written petition containing 35 percent of the registered and qualified voters of a municipality or county coming within the provisions of this section being filed with the appropriate governing authority, the governing authority shall be required to hold and conduct a special referendum election which shall be held at the time of holding any other primary or election in such county or municipality for the purpose of submitting to the qualified voters of the municipality or county the question of whether or not the sale of distilled spirits, as provided for in this chapter, shall be authorized." Part 2 Section 3. Title 3 of the Official Code of Georgia Annotated, known as the "Georgia Alcoholic Beverage Code," is amended by adding a new subsection (i) at the end of Code Section 3-3-7 to read as follows: "(i) (1) In each county having a population of not less than 69,000 and not more than 75,000 according to the United States decennial census of 1980 or any future such census, in which the sale of alcoholic beverages is lawful and in all municipalities in those counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alco holic beverages for consumption on the premises at any time from 11:55 P.M. on Sat urdays and one hour immediately following that time. (2) (A) This subsection shall not become effective in the unincorporated area of any such county or in any municipality unless the application to the unincorporated area of such county or municipality is approved at a referendum by the voters of the unincorporated area of any such county or municipality. Such referendum shall be held on the date of the first general primary election held after this paragraph first applies to the county or municipality. Not less than 30 nor more than 60 days prior to the date of such primary, it shall be the duty of the election superintendent of the county to issue the call for an election for the purpose of submitting this question to the electors of the unincorporated area of any such county and each affected municipality for approval or rejection. The superintendent shall set the date of such election for the date of said primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the county. The bal lot shall have written or printed thereon the words: '( ) YES ( ) NO Shall the law allowing the governing authority of (insert name of the affected political subdivision) to allow the sale of alcoholic beverages for one hour after 11:55 P.M. on Saturdays be approved?' (B) All persons desiring to vote for approval shall vote 'Yes,' and those persons desiring to vote for rejection shall vote 'No.' If more than one-half of the votes cast 3410 JOURNAL OF THE HOUSE, on such question in the unincorporated area of such county are for approval, then paragraph (1) shall become of full force and effect in the unincorporated area of the county. If more than one-half of the votes case on such question in any municipality are for approval, then paragraph (1) shall become of full force and effect in such municipality. (C) The expense of such election shall be borne by the county. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State." Section 4. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 3-4-92 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) Upon a written petition containing the signatures of 35 percent of the registered and qualified voters of a municipality or county described in subsection (a) of this Code section being filed with the appropriate governing authority, the governing authority shall be required to hold and conduct a special referendum election which shall be held at the time of holding any other primary or election in such county or municipality for the purpose of submitting to the qualified voters of the municipality or county the ques tion of whether the sale of distilled spirits, as provided for in this article, shall be autho rized." Part3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective November 1, 1982. Section 6. Notwithstanding any other provision of law to the contrary, the United States decennial census of 1980 shall become effective for purposes of this Act on the effective date of this Act. Section 7. All laws and parts of laws in conflict with this Act are repealed. Representative Argo of the 63rd moved that the report of the Second Committee of Conference on HB 1906 be adopted: On the motion, the roll call was ordered and the vote was as follows: Y Aaron N Adams.G Y Adams,J N Adama.M Y Aiken Y Anderson YArgo Y Auten N Balkcom Y Bargeron NBaugh Beal YBeck Y Benefield YBenn Y Birdsong Y Bishop Bolster Y Branch YBray Y Brooks Buck Y Burruss N Burton NByrd Y Cason Y Castleberry N Chamberlin Y Chambless N Chance Y Cheeks Y Childere Childs Y Clark.B N Clark,L Y Colbert Y Coleman Collins N Cohvell Y Connell Y Couch YCox N Crawford Y Crosby Y Culpepper N Cummings Y Darden Daugherty N Davis.B N Davis,J Y Davis,L Dean Dent Y Dixon N Dobbs N Dover Y Edwards Y Elliott Y Evans Y Felton Y Fortune Foster Y Fuller.C Y Galer Ginsberg Glover YGodbee Greer Ham Hamilton Y Hanner Harris Harrison Y Hasty N Hawkins YHays Hill Y Holmes Y Hooks Home Hutchinson N Irvin Y Isakson Y Jackson,J N Jackson.N N Jackson.W Y Jessup N Johnson.G Y Johnson,R Y Jones.B Y Jones.H Karrh YKemp Y Kilgore Y Lambert N Lane,D N Lane.R Y Lawson YLee YLogan Long Lord Lowe Lucas Y Mangum Mann Marcus Y Martin N Matthews Y McCollum Y McDonald McKinney Miles N Milford Y Montgomery N Moody N Moore N Mostiler Y Mullinai Y Nicholson YNix Y Oliver Y Padgett N Parham Y Patten N Perry Peters Phillips.B Y Phillips,L.L Y Phillips.R.T FRIDAY, MARCH 26, 1982 3411 N Phillips,W.R Y Pilewicz Pinkston Rainey Ralston N Ramsey Randall Y Reaves Y Richardson Y Robinson Y Rose N Ross Y Rowland Y Russell Savage Y Scott,A Y ScottJD N Shepard N Sherrod N Sizemore N Smith.T Smith, V Smyie Y Snow Y Steinberg Y Swann Y Thomas Y Thompson Y Townsend Y Triplett Y Tuten N Twiggs Y Vandiford Vaughn Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson Y White N Widener N WiUiams,B-J Williams.H Williams,R Wilson N WoodJ Y Wood,J.T Y Workman Speaker Murphy On the motion, the ayes were 96, nays 41. The motion prevailed. During this day's proceedings, the Speaker and Speaker Pro Tern alternated serving in the Chair. The following communication was received and read: Secretary of State 214 State Capitol Atlanta 30334 March 26, 1982 Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Ellard: I am transmitting to you herewith a certified list of those persons who registered in the Docket of Legislative Appearance for the 1982 Regular Session. The list is numbered 1 through 513. With best wishes, I am Very truly yours, /s/ David B. Poythress Secretary of State DBP/jh Attachment 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 attached list contains the names and addresses of those persons, numbered 1 through 513, who registered in the Docket of Legislative Appearance for the 1982 Regular Session of the General Assembly, in accordance with Georgia Law 1970, pp. 695, 698, as the same appears of file and record in this office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 26th day of March, in the year of our Lord One Thousand Nine Hundred and Eighty Two and of the Independence of the United States of America the Two Hundred and Sixth. /s/David B. Poythress Secretary of State. (SEAL) 3412 JOURNAL OF THE HOUSE, Persons Registered in the Docket of Legislative Appearance - 1982 1. Larry A. Whitlock Georgia Federation of Young Republican Clubs 200 26th Street, N. W. Apt. L-204 Atlanta, Georgia 30309 2. Bert Fridlin National Federation of Independent Business 44 Broad Street, N. W. Atlanta, Georgia 30303 3. James R. Loyd Georgia Tire Dealers & Retreaders Association 300 W. Wieuca Road, N.E. Suite 115 Atlanta, Georgia 30342 4. E. H. Lapari International Lobbyist Assn. Post Office Box 1733 Smyrna, Georgia 30081 5. Dr. Adele Zieman International Lobbyist Assn. Post Office Box 724444 Atlanta, Georgia 30339 6. H. M. Zieman International Lobbyist Assn. Post Office Box 724444 Atlanta, Georgia 30339 7. Charles E. Harman, Jr. Petroleum Council of Georgia 230 Peachtree Street, N.W. Suite 1500 Atlanta, Georgia 30303 8. Cheatham E. Hodges, Jr. Counsultant; Legislative & Governmental Affairs Ga. Podiatric Medical Assoc. Ga. Health Care Assoc. Ga. Assoc. of Physicians Assistants Sussex Place, Suite 520 148 International Avenue Atlanta, Georgia 30303 9. Ron E. Widener Ga. Independent Auto Dealers Association 609 Princess Circle Lithia Springs, Georgia 30057 10. Brenda Griffin Georgia Residential Child Care Association 1981 Garraux Road, N.W. Atlanta, Georgia 30327 11. James H. Purcell Independent Insurance Agents of Georgia Post Office Box 48386 Atlanta, Georgia 30362 12. William G. Appel Ga. Automotive Wholesalers' Association, Inc. 2193 Northlake Parkway Suite 35 Tucker, Georgia 30084 13. Marshall F. Sinback, P.A.-C Ga. Association of Physician Assistants 4669 Five Forks Trickum Road Lilburn, Georgia 30247 14. Thomas P. Knox United Family Life Insurance Company 335 Fifth Street Atlanta, Georgia 30308 15. Stephen P. Georgeson Sears, Roebuck & Company 675 Ponce de Leon Avenue Atlanta, Georgia 30395 16. Dot Williams Ga. Federation of Business and Professional Women 1228 Woodland Avenue, N.E. Apartment 6 Atlanta, Georgia 30324 17. Doris P. Lassiter League of Women Voters (Marietta-Cobb) 4090 Columns Drive Marietta, Georgia 30067 18. Jim Morrison Georgia Wildlife Federation 4019 Woburn Drive Tucker, Georgia 30084 19. Coy P. Evans Citizens' Committee for Improved Transportation 286 9th Street, N.E. Atlanta, Georgia 30309 FRIDAY, MARCH 26, 1982 3413 20. Rosalie Fitzpatrick League of Women Voters of Georgia 5026 Hidden Branches Circle Dunwoody, Georgia 30338 21. C. D. "Bill" Warren, M.D. Ga. Community Mental Health Director's Association 99 Butler Street Atlanta, Georgia 30303 22. F. Thomas Longerbeam Mot. Veh. Manufacturers Assn. of the United States, Inc. Five Dunwoody Park Suite 113 Atlanta, Georgia 30338 23. Robert A. Cucchi TRW, Inc. 1507 Peachtree Center Harris Tower 233 Peachtree Street, N.E. Atlanta, Georgia 30303 24. Robert D. Sumner Georgia Business and Industry Association Ga. Self Insurers Association 181 Washington Street, S.W. Atlanta, Georgia 30303 25. Jack W. Houston Georgia Association of Petroleum Retailers Inc. 4460 Lake Breeze Drive Stone Mountain, Georgia 30083 26. Tom Keating Atlanta Public Schools 147 Mockingbird Lane Decatur, Georgia 30030 27. Demetrius Mazacoufa Georgia Nurses Association 1362 W. Peachtree Street Atlanta, Georgia 30309 28. Aubrey T. Villines, Jr. Ga. Chiropractic Assn., Inc. Consulting Engineers Council of Georgia, Inc. 1260 South Omni International Atlanta, Georgia 30303 29. Mark A. Fackler Georgia Credit Union League 1404 8th Avenue Albany, Georgia 31707 30. George L. Bowen, III American Iron & Steel Institute Pleasant Drive RD #7 Bethlehem, Pa. 18015 31. William S. Carmichael American Iron & Steel Institute RD 2 Box 44, Thomas Road Glen Gardner, NJ 08826 33. Sandy Cohen YWCA 4925 Old House Trail Atlanta, Georgia 30342 34. Robert S. Tamer Atlantic Steel Company 4145 Chados Walk Marietta, Georgia 30062 35. L. Glenn Dewberry, Jr. Atlantic Steel Company 520 Valley Hall Drive Dunwoody, Georgia 30038 36. Roy W. Sockwell Christian Science Committee on Publication 3305 Peachtree Road, N.E. Suite 11 Atlanta, Georgia 30305 37. Lynne Mclntyre Georgia Gerontology Society 775 Houston Mill Road, #4 Atlanta, Georgia 30329 38. Cathy M. Alexander Council for Children, Inc. 3076 Vinings Ferry Drive Atlanta, Georgia 30339 39. Reina W. Oostingh Life Insurance Company of Ga. 600 West Peachtree St., N.W. Atlanta, Georgia 30365 40. Richard B. Cobb Petroleum Council of Georgia 230 Peachtree Street, N.E. Suite 1500 Atlanta, Georgia 30303 41. Sam West Beneficial Management Corp. - AM 1000 Weathered Wood Circle Winter Springs, Florida 32708 3414 JOURNAL OF THE HOUSE, 42. C. Robert Smith Georgia Assn. of Assessing Officials 4374 Eton Court Douglasville, Georgia 30135 43. J. William Bailey Georgia Assn. of Assessing Officials 6199 Miranda Court Douglasville, Georgia 30135 44. Jerry Hill Amoco Companies 6 Executive Park Drive Atlanta, Georgia 30130 45. Frank Ward National Retired Teachers Association American Association of Retired Persons 1700 E. John Calvin Avenue College Park, Georgia 30337 46. Vita R. Ostrander National Retired Teachers Association American Association of Retired Persons 1839 Mount Royal Drive, N.E. Atlanta, Georgia 30329 47. James E. Reilly National Retired Teachers Association American Association of Retired Persons 4701 Flat Shoals Road Union City, Georgia 30291 48. Forrest P. Lutters National Retired Teachers Association American Association of Retired Persons 6338 Cherry Tree Lane, N.E. Atlanta, Georgia 30328 49. John S. Prickett, Jr. National Retired Teachers Association American Association of Retired Persons 3267 Wiltshire Drive Avondale Estates, Ga. 30002 50. Maynard A. Mobley National Association of Retired Federal Employees American Association of Retired Persons 5332 Orchard Place Lake City, Georgia 30252 51. William R. Baldwin National Retired Teachers Association American Association of Retired Persons 5835 Brookgreen Road, N.E. Atlanta, Georgia 30328 52. Joseph A. Parker Georgia Hospital Association North X Northwest Office Park Atlanta, Georgia 30339 53. A. Morry Seayer National Retired Teachers Association American Association of Retired Persons 2616 Sharondale Drive. N.E. Atlanta, Georgia 30305 54. Fred W. Bell National Retired Teachers Association American Association of Retired Persons 2940 TeJas Trail, S.W. Atlanta, Georgia 30331 55. J. C. Reynolds Amalgamated Transit Union Local 732 250 Tenth Street, N.E. Suite 208 Atlanta, Georgia 30309 56. Dorothy Tracy Legislex 3037 Slaton Drive, N.E. Atlanta, Georgia 30305 57. Glint G. Sweazea Air Transport Assocation Delta Airline Hartsfield Intl. Airport Atlanta, Georgia 30320 58. John W. Cox Ga. Association of Realtors 3200 Presidential Drive Atlanta, Georgia 30340 59. T. H. LaFountain Avco Financial Services 5736 DeKalb Lane Norcross, Georgia 30093 FRIDAY, MARCH 26, 1982 3415 60. Virgil T. Smith Life Chiropratic College 1101 Collier Road, N.W. Apt. Ql Atlanta, Georgia 30318 61. Linda Womack Georgia Electric Membership Corporation 148 International Boulevard Suite 845 Atlanta, Georgia 30043 62. Michael J. Egan Investment Company Institute Robinson Humphrey Co., Inc. 3100 First Atlanta Tower Atlanta, Georgia 30383 63. Nancy Jo Roth Physical Therapy Association of Georgia 3749 Loveland Terrace Chamblee, Georgia 30341 64. Richard L. Bray Georgia Electric Membership Corporation 148 International Boulevard Suite 845 Atlanta, Georgia 30043 65. Penelope S. Jacks Public Assistance Coalition 151 Spring Street, N.W. Atlanta, Georgia 30335 66. Joseph R. Parrott ITT Rayonier, Inc. Post Office Box 45165 Atlanta, Georgia 30320 67. Bob Watson Fulton Federal Savings & Loan Association 1448 Altamont Drive Decatur, Georgia 30033 68. Curtis A. Thurston, Jr. Ga. State Dental Laboratory Association, Inc. 1616 First Federal Building 40 Marietta Street, N.W. Atlanta, Georgia 30303 69. W. A. Hathaway National Association of Retired Federal Employees Retired Officers Association 1067 McConnell Drive Decatur, Georgia 30033 70. Frank L. Carter Georgia Textile Manufacturers Association, Inc. 2640 NBG Building Atlanta, Georgia 30303 71. Ray E. Clifton Georgia EMC 148 International Boulevard Suite 845 Atlanta, Georgia 30043 72. Gilbert R. Campbell, Jr. DeKalb Chamber of Commerce, Inc. 515 Decatur Federal Building Decatur, Georgia 30030 73. Joe H. McKenzie, Jr. Freeport Kaolin Company 118 McKinley Lane, N.E. Milledgeville, Georgia 31061 74. Edward Deaton Georgia Assn. of Educators 2900 Britt David Road Columbus, Georgia 31904 75. Bonnie Engle Parents Anonymous of Ga., Inc. 410 Summit Drive, N.E. Atlanta, Georgia 30324 76. Steven E. McWilliams Georgia Mining Association Ga. Concrete & Products Assn. 119-C, 4151 Memorial Drive Decatur, Georgia 30032 77. Kent Lawrence Georgia Chamber of Commerce 421 McDaniel Street Monroe, Georgia 30655 78. Diane Claire Dillon Georgia Nurses Association 9340 Huntcliff Trace Atlanta, Georgia 30338 79. Harrison W. Bray Georgia Oilman's Association 3300 N.E. Expressway Suite 8-P Atlanta, Georgia 30341 80. Steve Levetan Georgia Association of Scrap Processors 80 Milton Avenue Atlanta, Georgia 30315 3416 JOURNAL OF THE HOUSE, 81. Ernest B. Davis Georgia Chamber of Commerce 1679 Timberland Road Atlanta, Georgia 30345 82. Don Cargill Georgia Chamber of Commerce 1200 Commerce Building Atlanta, Georgia 30335 83. Charles R. Short Hoffmann-Laroche, Inc. Box 98007 Atlanta, Georgia 30359-1707 84. Gary P. Fowler Associated General Contractors of America, Inc.- Ga. Branch 147 Harris Street, N.W. Atlanta, Georgia 30313 85. Richard E. Hitt Mental Health Assn. of Georgia 100 Edgewood Avenue. N.E. Suite 502 Atlanta, Georgia 30303 86. Peter L. Banks Mortgage Bankers Assn. of Ga. Miller Brewing Company Georgia Press Association Dunn and Bradstreet 3300 First Atlanta Towers Atlanta, Georgia 30383 87. William F. Morie Georgia Auto Dealers Assn. Georgia Highway Users 1380 W. Paces Ferry Road, N.W. Atlanta, Georgia 30327 88. John F. Chambless Associated General Contractors 147 Harris Street, N.W. Atlanta, Georgia 30313 89. Authur M. Gignilliat, Jr. Savannah Electric & Power Co. Post Office Box 968 Savannah, Georgia 31402 90. Alice Faye Katrina Brown NAACP - Atlanta Branch 360 Six Flags Drive Apartment 3-D Atlanta, Georgia 30001 91. Yvonne J. Wiltz NAACP - Atlanta Branch 3390 Laren Lane, S.W. Atlanta, Georgia 30311 92. Suzanne C. Grace Georgia Day Care Association 920 Green Street Conyers, Georgia 30207 93. Charles Graves Independent Bankers Assn. of Georgia 1 Park Place 1900 Emery Street, N.W. Atlanta, Georgia 30318 94. Dr. J. C. Mullis Georgia Retired Teachers Assn. 3875 Barnett Shoals Road Athens, Georgia 30605 95. Marvin Jerome Nunnally NAACP 2343 Campbellton Road Atlanta, Georgia 30331 96. D. Douglas White Georgia Day Care Association 920 Green Street Conyers, Georgia 30207 97. Charles R. Grantland Great Southern Paper Company Post Office Box 44 Cedar Springs, Georgia 31732 98. Lynn L. White Georgia Day Care Association 920 Green Street Conyers, Georgia 30207 99. Gary Ashley Georgia School Board Assn. 3050 Presidential Drive Suite 111 Atlanta, Georgia 30340 100. Frank D. Roberts Ga. Fraternal Order of Police 4010 Manor House Drive, N.E. Marietta, Georgia 30062 101. Robert E. Woodard Georgia School Board Assn. 3050 Presidential Drive Suite 111 Atlanta, Georgia 30340 102. James L. Hutto Ga. Highway Contractors Assn. 92 Luckie Street, N.W. Atlanta, Georgia 30303 FRIDAY, MARCH 26, 1982 3417 103. Tone S. Garrett Georgia Asphalt Pavement Assn. 3445 Peachtree Road, N.E. #879 Atlanta, Georgia 30326 104. B. F. Hyde Cities Service Company Copperhill, Tennessee 37317 105. Judith H. Rhodes League of Women Voters of Georgia 2772 Mornington Drive Atlanta, Georgia 30327 106. Vickie D. Wiley Georgia Business & Industry Association 812 Pine Valley Drive Forest Park, Georgia 30050 107. John H. Thomas Tri-State Systems, Inc. New Resources Group, Inc. Georgia Baptist Medical Center D'Lites of America, Inc. 1795 Peachtree Road Suite 208 Atlanta, Georgia 30329 108. Stephen E. Janas Georgia Dental Association 2951 Flowers Road, South Atlanta, Georgia 30340 109. Charles R. Morrison Sears, Roebuck and Company 1651 Planters Row Stone Mountain, Georgia 30087 110. Daniel P. Starnes Council for Children, Inc. 100 Edgewood Avenue Atlanta, Georgia 30303 111. Wilton Hill Georgia School Bus Drivers Association Post Office Box 158 Reidsville, Georgia 30453 112. William G. Sanders Georgia Assn. of Broadcasters 6065 Roswell Road Suite 815 Atlanta, Georgia 30328 113. Tom Watson Brown Georgia Assn. of Broadcasters 2631 West Wesley Road, N.W. Atlanta, Georgia 30327 114. William J. White Self 4137 Cedar Ridge Trail Stone Mountain, Georgia 30083 115. Paul G. Brower Gold Kist, Inc. Post Office Box 2210 Atlanta, Georgia 30301 116. Bob Merckle ABATE of Georgia 990 Tanglewood Trail Woodstock, Georgia 30188 117. Richard J. Burrell Household International Inc. 981 Guys Court Lilburn, Georgia 30247 118. John E. Rollins Citicorp Person to Person Citicorp Acceptance Corp. Citicorp Homeowners Inc. 129 Tiburon Court Decatur, Georgia 30038 119. Lee M. Sessions, Jr. Citizens and Southern Georgia Corporation 99 Annex Atlanta, Georgia 30399 120. Ann M. Hodges Research Assistant to Cheatham E. Hodges, Jr. Legislative & Governmental Affairs Consultant Sussex Place, Suite 520 148 International Avenue Atlanta, Georgia 30303 121. Beverly Adams Stop ERA Eagle Forum 1111 Oakcliff Road Macon, Georgia 31211 122. Melinda Parrill-Burnstein Georgia Assn. for Children and Adults with Learning Disabilities 1717 North Rock Springs Road Atlanta, Georgia 30324 123. Pat Gardner Georgia Psychological Assn. 668 E. Pelham Atlanta, Georgia 30324 3418 JOURNAL OF THE HOUSE, 124. Jean H. Fountain Georgia Recreation & Park Society, Inc. 4319 Covington Highway #209 Decatur, Georgia 30035 125. Virgil W. Hodges NAACP - Atlanta Branch 2343 Campbellton Road, S.W. #1 Atlanta, Georgia 30311 126. Anne M. Shearer Junior League of DeKalb County 3825 Tuxedo Road, N.W. Atlanta, Georgia 30342 127. H. M. Fulbright Georgia Assn. of Educational Leaders Box 651 Carrollton, Georgia 30117 128. Randy Simpson Self Post Office Box 407 Snellville, Georgia 30278 129. Cheatham E. Hodges, Jr. Georgia Catholic Conference Assn. of Private Colleges and Universities of Georgia 3200 Deans Bridge Road Office Building Augusta, Georgia 30906 130. Mary E. Hodges Research Assistant to Cheatham E. Hodges, Jr., Legislative and Governmental Affairs Consultant Sussex Place, Suite 53a 148 International Avenue Atlanta, Georgia 30303 131. George "Randy" Johnson Self 203 Mediteranean Lane Lawrenceville, Georgia 30245 132. W. Randall Tye Troutman, Sanders, Lockerman and Ashmore 1400 Candler Building Atlanta, Georgia 30043 133. Robert W. Gerson Troutman, Sanders, Lockerman and Ashmore 1622 Arnaud Court Atlanta, Georgia 30338 134. Abit Massey Georgia Poultry Federation Post Office Box 763 Gainesville, Georgia 30503 135. Gary W. Price Medical Association of Georgia 938 Peachtree Street, N.E. Atlanta, Georgia 30309 136. Betty Blondeau Georgia Citizens for the Arts 586 Ponce de Leon Manor, N.E. Atlanta, Georgia 30307 137. Ann Wells White Planned Parenthood of Atlanta Colony House 1237 145 Fifteenth Street, N.E. Atlanta, Georgia 30361 138. Carolyn G. Gold Planned Parenthood of Atlanta 2795 Margaret Mitchell Drive, N.W. Atlanta, Georgia 30327 139. Cynthia D. Wright Troutman, Sanders, Lockerman and Ashmore 1400 Candler Building Atlanta, Georgia 30043 140. John A. Blackmon Atlanta Convention and Visitors Bureau Georgia Hospitality and Travel Association Ga. Automobile Dealers Assn. CitiCorp 2400 First National Bank Bldg. Atlanta, Georgia 30383 141. Barclay T. Resler The Coca Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301 142. Connell Stafford The Coca Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301 143. Earl T. Leonard, Jr. The Coca Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301 144. Rhoda Russell Georgia Council of Public Libraries 1887 Bruce Road, N.E. Atlanta, Georgia 30329 FRIDAY, MARCH 26, 1982 3419 145. James H. Hudson Eli Lilly and Company 310 Riverhill Drive, N.W. Atlanta, Georgia 30328 146. Gregory G. Kergosien The Upjohn Company 1554 N. Springs Drive Dunwoody, Georgia 30338 147. Joyce Parker ERA Georgia, Inc. 369 Darien Way, N.W. Marietta, Georgia 30064 148. Janice K. Teller Ga. Women's Political Caucus P.O. Box 21073 Emory University Atlanta, Georgia 30322 149. Samuel L. Dumas Georgia Power Company 270 Peachtree Street Atlanta, Georgia 30303 150. Lisa Lanette Owen Ga. Women's Political Caucus Box 22781 Emory University Atlanta, Georgia 30322 151. Adele M. Ward League of Women Voters of Ga. 868 Castle Falls Drive, N.E. Atlanta, Georgia 30329 152. Fred B. Kitchens, Jr. Wine & Spirits Wholesalers of Georgia, Inc. Six Piedmont Center, Suite 414 3525 Piedmont Road, N.E. Atlanta, Georgia 30305 153. Alan Smith Georgia Chamber of Commerce 1200 Commerce Building Atlanta, Georgia 30335 154. Linda Stephens Ga. Occupational Therapy Assn. 1696 Wawona Terrace Atlanta, Georgia 30319 155. Henry Steely Ga. Occupational Therapy Assn. 1056 South Main Cedartown, Georgia 30125 156. Max M. Kimball Ga. Occupational Therapy Assn. 5694 Trowbridge Drive Dunwoody, Georgia 30338 157. Charles Davis Vaughn Alston, Miller and Gaines 1200 Citizens & Southern National Bank Building 35 Broad Street Atlanta, Georgia 30335 158. Rufus Thomas Dorsey, IV Alston, Miller and Gaines 481 Overbrook Drive, N.W. Atlanta, Georgia 30318 159. Jerry R. Griffin Georgia Municipal Association Suite 2300 34 Peachtree Street, N.W. Atlanta, Georgia 30303 160. T. R. Wade Watkins Associated Industries Post Office Box 1738 1958 Monroe Drive, N.E. Atlanta, Georgia 30371 161. Lois Sacher League of Women Voters Atlanta-Fulton 2955 Ascot Lane Roswell, Georgia 30076 162. Sandi Maloney League of Women Voters Atlanta-Fulton 5810 Mountain Creek Road Atlanta, Georgia 30328 163. John M. Crane City of Marietta Georgia Firefighters Standards and Training Council Ga. City and County Management Association Box 609 Marietta, Georgia 30061 164. Frances Beck Fulton County Daily Report 190 Pryor Street, S.W. Atlanta, Georgia 30303 165. Patsy Jo Hilliard League of Women Voters 3350 Sir Henry Street East Point, Georgia 30344 166. Laura L. Mullins Georgia Tobacco Tax Council 704 Channing Drive Atlanta, Georgia 30318 3420 JOURNAL OF THE HOUSE, 167. Shannon Corr Ga. State University Student Government Association 5263 Murphy Circle Fort McPherson, Georgia 30330 168. Steven Teske Ga. State University Student Government Association 1742 Brenda Drive Jonesboro, Georgia 30236 169. Coy R. Johnson Georgia Association of Life Insurance Companies 112 N. Main Street Gumming, Georgia 30130 170. Russell A. Lemieux Hill and Knowlton 405 S. Omni International Atlanta, Georgia 30303 171. Herman L. Moore Georgia Pacific Corporation 2210 Parklake Drive, N.E. Post Office Box 105041 Atlanta, Georgia 30348 172. Sarah B. Dangar Eagle Forum 1629 Club View Court Kennesaw, Georgia 30144 173. Thomas T. Gresham LegisWatch Post Office Box 76235 Atlanta, Georgia 30358 174. Leon S. Brown Georgia Forestry Association 141 Tiburon Court Decatur, Georgia 30038 175. Richard W. Brown 3-M Company 101 Lindsey Road Yatesville, Georgia 31097 176. Talitha M. Russell Medical Association of Georgia 938 Peachtree Street, N.E. Atlanta, Georgia 30309 177. Robert R. King Georgia Hospitality & Travel 233 Peachtree Street, N.E. Suite 201 Atlanta, Georgia 30301 178. Gary E. Jackson Self 1550 Peachtree Summit Bldg. Atlanta, Georgia 30308 179. Phillip Alford Ga. State University Student Government Association 2577 Lake Erin Drive Tucker, Georgia 30084 180. Brad Stolte Ga. State University Student Government Association 1120 Hampton Hall Drive, N.E. Atlanta, Georgia 30319 181. Bruce Alan Kling Ga. State University Student Government Association 1614 Camelot Circle Tucker, Georgia 30084 182. William J. Shortt Johnson & Johnson 139 Skyland Drive Cornelia, Georgia 30531 183. Thomas C. Parker Atlanta Chamber of Commerce 550 Buckeye Road Fayetteville, Georgia 30214 184. Tom Collins Clayton County Chamber of Commerce 2305 Meadowcreek Lane Jonesboro, Georgia 30236 185. Gene Dyson Georgia Business and Industry Association 181 Washington Street, S.W. Atlanta, Georgia 30303 186. Jim Parkman Georgia Business and Industry Association 181 Washington Street, S.W. Atlanta, Georgia 30303 187. Pam Gillen Georgia Business and Industry Association 181 Washington Street, S.W. Atlanta, Georgia 30303 188. Wayne Bryan AAA Georgia Motor Club 1100 Spring Street Atlanta, Georgia 30367 FRIDAY, MARCH 26, 1982 3421 189. David Lee Farther CWA Georgia Political Council 1299 Euclid Avenue, N.E. Atlanta, Georgia 30307 190. Carl D. Rudin CWA Local 3204 6980 Roswell Road Sandy Springs, Georgia 30328 191. W. M. (Bill) Alexander City of Atlanta 68 Mitchell Street, S.W. Atlanta, Georgia 30303 192. Fern Richardson Common Cause ERA, Georgia, Inc. 1854 Chancery Lane Chamblee, Georgia 30341 193. Joseph A. Sports Kunian Enterprises Superstar TV Car and Truck Rental Leasing Association 3-M Company 822 Candler Building Atlanta, Georgia 30303 194. Donna J. Coles Georgia League of Women Voters 2450 Kirk Lane Kennesaw, Georgia 30144 195. Ed Sumner Georgia Municipal Association Joint Municipal Employees Retirement System Suite 2300, NBG Building 34 Peachtree Stree, N.W. Atlanta, Georgia 30303 196. E. Kenneth Jones Georgia Municipal Association Suite 2300, NBG Building 34 Peachtree Street, N.W. Atlanta, Georgia 30303 197. Margot Dokken ERA Georgia, Inc. 280 Hampton Farms Court Marietta, Georgia 30067 198. AbbyWenzel ERA Georgia, Inc. 3155 Cedar Creek Parkway Decatur, Georgia 30033 199. H. Philip Paradice, Jr. Ga. League of Savings Assn. Suite 507, Standard Federal Building 41 Marietta Street, N.W. Atlanta, Georgia 30303 200. Jared L. Freedman Georgia Federation of Teachers AFT/AFL-CIO 6065 Roswell Road Atlanta, Georgia 30329 201. Richard L. Wheeler Fulton County Board of Education 4348 Herschel Road College Park, Georgia 30337 202. Frank T. Bunch Chevron U.S.A., Inc. P.O. Box 1706 Atlanta, Georgia 30301 203. James E. Dyer Fraternal Order of Police 3028 Empire Blvd., S.W. Atlanta, Georgia 30354 204. Herbert H. Mabry AFL-CIO 501 Pulliam Street, S.W. Atlanta, Georgia 30312 205. Adron Harden Georgia Farm Bureau Federation 5021 Wood Dale Avenue Macon, Georgia 31201 206. Gerald Busbee First National Bank 2 Peachtree Street Atlanta, Georgia 30302 207. Claude McGuinn CWA Georgia Political Council Box 642 Decatur, Georgia 30331 208. Earl B. Johnson, Sr. CWA Georgia Political Council 155 Echo Trail Watkinsville, Georgia 30677 209. George B. Applewhite CWA Georgia Political Council Route 1, Box 209 M Evans, Georgia 30809 210. Gerald W. Bowling Municipal Electric Authority of Georgia Heard Leverett & Adams 315 Hascall Road, N.W. Atlanta, Georgia 30309 3422 JOURNAL OF THE HOUSE, 211. Barbara C. Decker Heard Leverett & Adams 4010 Allenwood Way Tucker, Georgia 30084 212. Virginia "Ginger" M. Ackerman ERA Georgia 3940 Clubland Drive Marietta, Georgia 30067 213. Stephen Martin Newton Georgia Farm Bureau Post Office Box 6870 Macon, Georgia 31210 214. Lee Wysong Georgia Stop ERA Committee Eagle Forum 701 Longleaf Drive, N.E. Atlanta, Georgia 30342 215. E. Wayne Stanford Georgia Grocers Association 2248 Clearwater Drive Marietta, Georgia 30067 216. Ben T. Wiggins Continental Resources Company Suite 400 The Candler Building 127 Peachtree Street Atlanta, Georgia 30303 217. J. Danny Faulkner CWA Georgia Political Council Route 1, Box 119A1 Milner, Georgia 30257 218. Stacy Erb Ga. Women's Political Caucus 110 Tuxedo Terrace Atlanta, Georgia 30342 219. Fredricka R. Lainoff Ga. Women's Political Caucus 1279 Biltmore Drive, N.E. Atlanta, Georgia 30329 220. Rebecca L. Van Gilder Ga. Women's Political Caucus 478 Seminole Avenue, N.E. Atlanta, Georgia 30307 221. Douglas Brooks Atlanta, Georgia Labor Council AFL-CIO 501 Pulliam Street Suite 233 Atlanta, Georgia 30312 222. Alayne L. Snyder ERA 3842 Randall Farm Road Atlanta, Georgia 30339 223. Linda G. Edmonds Ga. Optometric Association 4289 Memorial Drive Suite J Decatur, Georgia 30033 224. David S. Godfrey Atlanta Gas Light Company 235 Peachtree Street Atlanta, Georgia 30302 225. Helen F. Shell We Care in Georgia, Inc. 5545 Arundel Drive, N.W. Atlanta, Georgia 30327 226. Jeff Bickerstaff American Family Life Assurance Company 1821 Iris Drive Columbus, Georgia 31906 227. Ann Q. Curry League of Women Voters of Ga. 530 Tanacrest Circle, N.W. Atlanta, Georgia 30328 228. Linda Hallenberg Ga. Women's Political Caucus 3036 Wellington Court Atlanta, Georgia 30339 229. Richard R. Shaw John Hancock Insurance 2400 Campbellton Road, S.W. #M-11 Atlanta, Georgia 30311 230. Kay Pippin Ga. Association of Educators 774 McCaskill Drive Jackson, Georgia 30233 231. Susan Tucker Georgia Girl Scout Councils 991 Somerset Drive, N.W. Atlanta, Georgia 30327 232. Frank Bacon Freeport Kaolin Company P.O. Box 37 Gordon, Georgia 31031 233. J. Robert Benton Wine Institute Post Office Box 895 Jonesboro, Georgia 30237 FRIDAY, MARCH 26, 1982 3423 234. James M. Griffith Georgia Power Company 995 Hunterhill Drive Roswell, Georgia 30075 235. Thomas M. Boiler Georgia Power Company 33 Piedmont Avenue Atlanta, Georgia 30301 236. Donald E. Holcomb , John Deere Company 5250 Bailey Road Conyers, Georgia 30207 237. Ray Edwards Deere & Company 310 Hubbell Building Des Moines, Iowa 50309 238. Judy McMillan Ga. Women's Political Caucus 2846 Fantasy Lane Decatur, Georgia 30033 239. W. E. Cobble Brotherhood of Locomotive Engineers 2427 Shendoah Avenue, N.E. Atlanta, Georgia 30305 240. Walter F. Jackson Brother of Maintenance of Way Employees Route 4, Box 449 Forsyth, Georgia 31029 241. Ann McKee Parker Better Infant Births/ March of Dimes 40 28th Street, N.W. Atlanta, Georgia 30309 242. Linda Barnes Cater People of Faith for Equal Rights Amendment 23 Stillhouse Road, Vinings Atlanta, Georgia 30339 243. Claudia A. Crim League of Women Voters Marietta-Cobb 1042 Rockcrest Drive, N.E. Marietta, Georgia 30062 244. Debbie Holmes ERA Georgia, Inc. 4513 Inlet Road Marietta, Georgia 30066 245. Dr. Charles Lechasney Parents Anonymous of Ga., Inc. 2479 Peachtree Road Suite 107 Atlanta, Georgia 30305 246. L. W. (Scott) Mall Miller Brewing Company 30 Perimeter Center East #110 Atlanta, Georgia 30346 247. Lauren Burke Girl Scouts of Region III 6963-G Roswell Road Atlanta, Georgia 30328 248. Jan Adams Ga. Women's Political Caucus 2846 Fantasy Lane Decatur, Georgia 30033 249. James P. Martin Georgia Society of CPA's Suite 800, Tower Place 3340 Peachtree Street, N.E. Atlanta, Georgia 30026 250. James H. Williams Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035 251. Glenn Newsome Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035 252. Bob Bullington United Transportation Union P.O. Box 80763 Chamblee, Georgia 30366 253. Mary N. Long Georgia Nurses Association 602 Grant Street, S.E. Atlanta, Georgia 30312 254. Joyce Lenore Parker People of Faith for ERA Students Act for ERA 369 Darien Way Marietta, Georgia 30064 255. Mary Anne F. Gaunt League of Women Voters Atlanta/Fulton 1249 Reeder Circle, N.E. Atlanta, Georgia 30306 3424 JOURNAL OF THE HOUSE, 256. Maureen M. Lok League of Women Voters Marietta/Cobb 3793 Raccoon Run Marietta, Georgia 30062 257. Elaine Nachman Ga. Association of Educators 314 Eureka Drive Atlanta, Georgia 30305 258. Jonnie L. Cox Georgia Pacific Corporation P.O. Box 105041 Atlanta, Georgia 30348 259. James H. Groome Mead Corporation P.O. Box 4417 Atlanta, Georgia 30302 260. W. A. Binns Union Camp Corporation P.O. Box 570 Savannah, Georgia 31402 261. George M. Howard Ga. Crushed Stone Association 3050 Presidential Drive Suite 218 Atlanta, Georgia 30340 262. David S. Pate ERA Ratification for Appropriate Technology 3110 Maple Drive Suite 412 Atlanta, Georgia 30305 263. Nancy T. Savage ERA Georgia 575 Brownwood Avenue. S.E. Atlanta, Georgia 30316 264. John A. Helms Life Insurance Co. of Georgia 323 Camden Road Atlanta, Georgia 30309 265. Void 266. Void 267. Void 268. Void 269. Sharron Hannon ERA Georgia 30 North Stratford Drive Athens, Georgia 30605 270. Charlotte Gattis Ga. Manufactured Housing Assn. 2810 New Spring Road #110 Atlanta, Georgia 30328 271. Mary Anne Whatley Apartment Owners & Managers Association 5600 Roswell Road, N.E. Suite 360 Atlanta, Georgia 30342 272. Carol C. Lineberger ERA Georgia 179 Willow Glen Drive Marietta, Georgia 30067 273. Elaine Frances Kramer Ga. Women's Political Caucus 120 Lafayette Drive, #11 Atlanta, Georgia 30309 274. Marcia Tyrrell Georgia Mountaineers 5034 Meadow Lane Marietta, Ceorgia 30067 275. John E. Blessinger DeKalb Business League US Black Chamber of Commerce Atlanta Assn. Contractors & Trade Council Post Office Box 571 Decatur, Georgia 30031 276. Ed McGill Georgia Alcohol Dealers Assn. 920 Green Street Conyers, Georgia 30207 277. Erv Goodroe Building Material Merchants Association 1121 Briarcliff Road Perry, Georgia 31069 278. John P. Marston Georgia Hospital Association 3079 Gant Quarters Circle Marietta, Georgia 30067 279. Kenneth Dean Dill Wesley Student Theological 1570 Dantzler Drive, Apt. 15 Atlanta, Georgia 30329 280. Jack D. Howard Southern Railway System 215 Piedmont Avenue N.E. Atlanta, Georgia 30308 FRIDAY, MARCH 26, 1982 3425 281. Jessie Flanigan, III Flanigan and Associates 3765 King Edward Trail, S.W. Atlanta, Georgia 30331 282. Thomas A. Player Georgia State Association of Life Underwriters Aetna Life and Casualty Co. American Council of Life Ins. 3100 Peachtree Summit Atlanta, Georgia 30365 283. Robert P. Constantine, Jr. Blue Cross and Blue Shield of Georgia/Atlanta, Inc. Interfinancial, Inc. Ga. Chapter, American Society of Landscape Architects TIAA-CREF Ticor Insurance Group 1940 Equitable Building Atlanta, Georgia 30043 284. David M. Farmer Alliance of American Insurers 235 Peachtree Street #1606 Atlanta, Georgia 30343 285. Charles E. Crowder Georgia Agribusiness Council 332 Agriculture Building Capitol Square Atlanta, Georgia 30334 286. Calvin E. Sims Amalgamated Transit Union Local 732 2865 Cloverleaf Drive, S.E. Atlanta, Georgia 30316 287. Philip E. Fowler National Organization for Women Atlanta Chapter P.O. Box 54045 Civic Center Station Atlanta, Georgia 30308 288. Joel C. Williams, Jr. Savannah Foods & Industries, Inc. Savannah Chamber of Commerce Box 339 Savannah, Georgia 31402 289. Bob Cohn Tobacco Institute Tobacco Tax Council Suite 1770 401 West Peachtree Street Atlanta, Georgia 30308 290. Susan R. Woodgeard ERA Georgia 404 Treehouse Parkway Norcross, Georgia 30093 291. Bonnie B. Woodgeard ERA Georgia 615 Sycamore Drive Decatur, Georgia 30030 292. Robert E. Cantrell Georgia State Council of Machinists 129 Gaylon Street Smyrna, Georgia 30080 293. G. Robert Kerr The Georgia Conservancy Room 407 3110 Maple Drive Atlanta, Georgia 30305 294. Dorothy P. Spence Georgia Association American Institute of Architects 229 Peachtree Street Atlanta, Georgia 30303 295. Sarah B. Zeigler American Association of University Women 432 Sycamore Drive Decatur, Georgia 30030 296. Claude R. Glaze Brotherhood of Railway Clerks 525 N. Hairston Road Stone Mountain, Georgia 30083 297. W. A. Travis McNeil Pharmaceutical 1444 Dallas Circle, S.W. Marietta, Georgia 30064 298. Luke Livingston Sandoz Pharmaceuticals 3307 Leeds Ways Duluth, Georgia 30136 299. Rita Schaikewitz Common Cause 2901 Sequoyah Drive, N.W. Atlanta, Georgia 30327 300. Cecil Burk Georgia Farm Bureau Route 1 Armuchee, Georgia 30105 3426 JOURNAL OF THE HOUSE, 301. Charles C. Mathias Common Cause Georgia 3491 Fairway Drive College Park, Georgia 30337 302. Waldo E. Spence Atlanta Gas Light Company 1621 Doncaster Drive, N.E. Atlanta, Georgia 30309 303. James A. Gray, III The Tobacco Institute Grady Memorial Hospital 229 Peachtree Street Suite 1600 Atlanta, Georgia 30303 304. Frank F. Molock CWA Local 3218-Marietta 2106 Austell Road Marietta, Georgia 30067 305. S. Francene Toliver Atlanta Federation of Teachers Georgia Federation of Teachers AFL-CIO 374 Maynard Terrace SE Suite 212 Atlanta, Georgia 30316 306. C. E. Ed Hearn, Sr. Georgia State Council of Machinists Post Office Box 7545 Savannah, Georgia 31408 307. Luke R. Lassiter National Association of Independent Insurers 106 Pine Crest Drive Cumming, Georgia 30130 308. Percy Marchman Cotton States Insurance Companies Post Office Box 2214 Atlanta, Georgia 30301 309. Judi D. Williams League of Women Voters of Ga. 3445 Hallcrest Drive, N.E. Atlanta, Georgia 30319 310. Roger T. Lane Georgia Association of Home Health Agencies Chain Drug Federation of Ga. 2275 Oak Road Suite E Snellville, Georgia 30278 311. Margaret M. Curtis People of the Faith for ERA 3659 Cochise Drive, N.W. Atlanta, Georgia 30339 312. Ann Rose Midtown Hospital 144 Ponce de Leon Avenue Atlanta, Georgia 30308 313. Ansel L. Bradley State Farm Insurance Companies 4015 Weelaunee Road Ellenwood, Georgia 30049 314. John G. R. Bankhead The Tobacco Institute, Inc. 2601 Flowers Road, South Suite 160 Atlanta, Georgia 30341 315. Lola Scott Russell Council for Children 1607 Kenmore Street, S.W. Atlanta, Georgia 30311 316. Warren Derrick Deeds Atlanta Labor Council 251 Tenth Street, N.W. Apt. 109, Building 11 Atlanta, Georgia 30318 317. John L. Erickson Ford Motor Company Suite 1504 233 Peachtree Street, N.E. Atlanta, Georgia 30303 318. Bryce Holcomb Georgia Soft Drink Association 2508 Carroll Avenue Chamblee, Georgia 30341 319. John C. Miller National Advertising Company 1855 Oak Lake Drive Clearwater, Florida 33516 320. Howard P. Hill, Jr. United Way of Metropolitan Atlanta 100 Edgewood Avenue Atlanta, Georgia 30303 321. Bill McBrayer Georgia Retail Association Opticians Association of Ga. Chain Drug Federation 5A5 Atlanta Merchandise Mart Atlanta, Georgia 30303 FRIDAY, MARCH 26, 1982 3427 322. George L. Harris, Jr. C & S National Bank Trust Affairs Section Georgia Bankers Association 99 Annex Atlanta, Georgia 30399 323. Leslie I. Hill Young Womens Christian Assn. 976 Delaware Avenue, SE Atlanta, Georgia 30316 324. Pat Banks Georgia Small & Independent Business Post Office Box 306 Glennville, Georgia 30427 325. Joe Brannen Georgia Bankers Association 720 William-Oliver Building Atlanta, Georgia 30303 326. Ski Bashinski Ga. Funeral Directors Assn. Ga. Automatic Merchandising Council Greater Atlanta Fabricare Association Southeast Electric Sign Assn. Ga. Motorcycle Dealers Assn. Motorcycle Industry Council Georgia Cemetery Association Mapping & Surveying Society of Georgia Suite 123 3009 Rainbow Drive Decatur, Georgia 30034 327. Jane Culpepper Citizens Advocate for Animal Welfare Issues 7340 Twin Branch Road Atlanta, Georgia 30328 328. Elizabeth Buck Duncan Common Cause Ordinary Citizen 660 Elkmont Drive, N.E. Atlanta, Georgia 30306 329. Sherry Schulman ERA Georgia 1154 Oakdale Road Atlanta, Georgia 30307 330. Ruth F. Claiborne Junior League of Atlanta, Inc. 2869 Careygate, N.W. Atlanta, Georgia 30305 331. Jennifer L. Lamb ERA Georgia 7311 Cardif Place Jonesboro, Georgia 30236 332. James D. King, Jr. Marta 2274 Leafmore Drive Decatur, Georgia 30033 333. Sims Garrett, Jr. C. W. Matthews Contracting Co. Fulton Federal Savings & Loan Association Self (Banking, Insurance, Transportation, Outdoor Advertising) 476 Bouldercrest Drive, SW Marietta, Georgia 30064 334. S. Alien Norris Alien Norris and Associates 908 Summit Walk Circle Marietta, Georgia 30067 335. F. D. Hightower Lobbying Americans 2827 Norgate Lane Decatur, Georgia 30034 336. Derryll 0. Anderson Lobbying Americans 1820 Monroe Drive #2 Atlanta, Georgia 30324 337. Thomas G. Carson Common Cause 2095 Glendale Drive Decatur, Georgia 30032 338. Judy Stokes Conditioned Air Association of Georgia 2455 Northlake Court Atlanta, Georgia 30345 339. Kay McKenzie Hill and Knowlton, Inc. 405 S. Omni International Atlanta, Georgia 30303 340. Mary F. Agraz Georgia League of Women Voters 538 Heyward Circle, N.W. Marietta, Georgia 30064 341. A. Leon Worthy Lobbying Americans 330 W. Peachtree Street Atlanta, Georgia 30308 3428 JOURNAL OF THE HOUSE, 342. Denise N. Turner Georgia State University Student Government Assn. 1805 Roswell Road Marietta, Georgia 30060 343. Robert F. Galloway Home Health Care Agency 102 Shadowlawn Drive, South Albany, Georgia 31707 344. Nicholas S. Papleacos American Subcontractors Association-Georgia Chapter 2300 First Atlanta Tower Atlanta, Georgia 30383 345. J. Chris Dobbs Exxon Corporation 1211 Union Avenue Box 367 Memphis, Tennessee 38101 346. Harry Patrick Galloway Home Health Care Agency Route 1 Cobb, Georgia 31735 347. Judi Rogers Georgia Retail Association 5A5 Atlanta Merchandise Mart Atlanta, Georgia 30303 348. Edwin R. Soeffing Health Insurance Association of America 919 Third Avenue, 28th Floor New York, New York 10022 349. Lauren Swirsky Georgia Abortion Rights Action League 677 Somerset Terrace C-l Atlanta, Georgia 30306 350. Fosta J. Brown AFSCME - Local 1644 AFL-CIO 2001 Martin Luther King Jr. Drive Suite 411 Atlanta, Georgia 30310 351. John C. Royal AFSCME AFL-CIO 376 Taft Place, S.W. Atlanta, Georgia 30315 352. Emma Jean Davis A. Philip Randolph Institute 510 Muse Street Atlanta, Georgia 30310 353. Denise McLaughlin Georgia Abortion Rights Action League (GARAL) 31 Roanoke Avenue, NE Atlanta, Georgia 30305 354. Preston B. Bussey Power Business Brokers Sports Broadcasters Common Cause 2063 Powder Springs Road Marietta, Georgia 30064 355. Louise Bill Georgia Alliance for Prison Alternatives 75 Marietta Street Atlanta, Georgia 30303 356. Monroe M. Smith, Jr. CWA Local 3204 279 Logan Street Atlanta, Georgia 30310 357. Laurie Hughes CWA Local 3204 279 Logan Street Atlanta, Georgia 30310 358. Tommy Dye Amalgamated Transit Union - 732 1468 Patricia Drive Morrow, Georgia 30260 359. Ralph Green Amalgamated Transit Union - 732 757 Flat Shoals, SE Atlanta, Georgia 30316 360. Robert Shig Porter Memorial Medical Center Savannah Post Office Box 23089 Savannah, Georgia 31403 361. Marion G. Adams Brown Lung Association 1047 Center Street Columbus, Georgia 31901 362. Dr. Ed Martin Georgia School Food Service Association, Inc. Post Office Box 38293 Atlanta, Georgia 30334 FRIDAY, MARCH 26, 1982 3429 363. Rusty Kidd Medical Association of Georgia 938 Peachtree Street Atlanta, Georgia 30309 364. Jack Nugent Retired Officers Association 4337 LaFayette Lane College Park, Georgia 30337 365. John W. Callaway Georgia Retired Officers Association 165 Rue Fontaine Decatur, Georgia 30038 366. Claudette McCray Lobbying Americans 3126 Desert Drive, #5 East Point, Georgia 30344 367. J. Larry Williams Distilled Spirits Council of the U.S., Inc. Route 3, Box 207 Cairo, Georgia 31728 368. W. H. Hosch Bank of the South, N.A. Post Office Box 4387 Atlanta, Georgia 30302 369. Kathy T. Chaffin Georgia Press Association 1075 Spring Street, N.W. Atlanta, Georgia 30309 370. Gen. Eugene A. Salet Georgia Military College 201 E. Greene Street Milledgeville, Georgia 31061 371. Inez L. Hawkins Georgia Military College 201 E. Greene Street Milledgeville, Georgia 31061 372. John P. Gartin State Farm Insurance Company 226 S. Orr Normal, Illinois 61761 373. James M. Christian CIBA-BEIGY Corp. 4439 Shelborne Drive Dunwoody, Georgia 30338 374. Sue F. Watkins Georgia State Association of Life Underwriters 3100 Peachtree Summit Atlanta, Georgia 30365 375. J. P. Stevens First National Bank - Atlanta Post Office 4148 Atlanta, Georgia 30302 376. Elouise K. Miller Miller Bonding Company 1166 Jefferson Street, N.W. Atlanta, Georgia 30318 377. Charles E. Campbell Mobile Communications Corp. of America 2485 Dellwood Drive, N.W. Atlanta, Georgia 30305 378. Conrad M. Fowler West Point Pepperell Box 71 West Point, Georgia 31833 379. Jessie S. Walker Georgia School Food Service Association 3951 Snapfinger Parkway, #585 Decatur, Georgia 30035-3295 380. Harold B. Hodgson, Jr. Georgia Pharmaceutical Assn. 1650 S. Lumpkin Street Athens, Georgia 30606 381. Larry L. Barden Georgia Pharmaceutical Assn. 2520 Carroll Avenue Atlanta, Georgia 30341 382. M. C. Petersen Gilman Paper Company Box 878 St. Marys, Georgia 31558 383. James Robert Buddin Ga. Society of Professional Engineers Two Northside 75 Suite 212, Beta Building Atlanta, Georgia 30318 384. John T. Mitchell Mercer University 1400 Coleman Street Macon, Georgia 31207 385. Andrew Young City of Atlanta 68 Mitchell Street, SW. City Hall Atlanta, Georgia 30335 3430 JOURNAL OF THE HOUSE, 386. Mary M. Boyert Georgia Right to Life Committee, Inc. Post Office Box 49211 Atlanta, Georgia 30359 387. Retty Bowen Atlanta Association for Retarded Citizens 1687 Tully Circle Suite 110 Atlanta, Georgia 30329 388. William D. Padgett Trust Company of Georgia Post Office Box 4418 Atlanta, Georgia 30302 389. Rev. Ted Clark Self 1717 Centra Villa Drive A-10 Atlanta, Georgia 30311 390. Marcellus Roby Self 280 East Lake Boulevard Atlanta, Georgia 30317 391. Bather Lefever Cabbagetown 190 Boulevard, S.E. Atlanta, Georgia 30312 392. Chip Spradley Georgians Against Smokers Pollution 3093 Dove Way Decatur, Georgia 30033 393. Hershel W. Farmer Seaboard Coast Line Railroad Post Office Box 1779 Atlanta, Georgia 30303 394. Victor J. Impeciato Georgia Hospitality and Travel Association 1550 Peachtree Battle Avenue, N.W. Atlanta, Georgia 30327 395. Jim Martin Citizens Participation in Government Project Self Suite 810 161 Spring Street Atlanta, Georgia 30306 396. Edwin B. Topmiller Georgia Sport Shooting Assn. Post Office Box 9748 Atlanta, Georgia 30319 397. Alfred T. Pitman Georgia Federal Savings 241 Peachtree Street Atlanta, Georgia 30303 398. Daniel I. Maclntyre Georgia Land Development Assn. 1750 Peachtree Street Suite 275 Atlanta, Georgia 30309 399. Joe F. Ragland Columbus Chamber of Commerce 6101 River Road Columbus, Georgia 31904 400. Dr. Don Albinger Georgia Fraternal Congress 4757 Manly Court Stone Mountain, Ga. 30088 401. Elizabeth A. McGown Senior Citizens Advocacy Project 151 Spring Street, N.W. Atlanta, Georgia 30335 402. James L. Conn Georgia Industrial Developers Association 320 Pony Tail Road Alpharetta, Georgia 30201 403. Patricia M. Smith Georgia Association for Retarded Citizens 2095 Kinridge Court Marietta, Georgia 30062 404. Thomas J. Harrold, Jr. Motion Picture Association of America Fain and Associates Equitable Life Assurance Society Suite 200 Peachtree and Broad Building Atlanta, Georgia 30343 405. Stanley H. McCalla Georgia Mortgage Bankers Assn. 351 Valley Green Drive, N.E. Atlanta, Georgia 30342 FRIDAY, MARCH 26, 1982 3431 406. Amos Beasley, Jr. Labors International Union of North America, Local 438 1004 Edgewood Avenue, N.E. Atlanta, Georgia 30307 407. Jack S. Schroder, Jr. Georgia Hospital Association 75 Poplar Street, N.W. Atlanta, Georgia 30335 408. Barren Thorpe Georgia Wholesale Grocers Association Georgia Association of Convenience Stores Post Office Box 7776 Macon, Georgia 31209 409. Quinton S. King Ga. Association of Realtors 3950 Paper Mill Road Marietta, Georgia 30067 410. Claude B. Wood Insurance Industry 296 Interstate North Circle Suite 125 Atlanta, Georgia 30339 411. David Phillips Cheney Project R.A.F.T. Cheney Cottage Box 68 Reidsville, Georgia 30453 412. Clyde T. Dameron IAMAW Pine Street Kennesaw, Georgia 30144 413. Earl D. Rector IAMAW 94 Olive Circle Marietta, Georgia 30060 414. John A. Kendrick IAMAW 2128 Austell Road Marietta, Georgia 30060 415. Thomas W. Mclntosh Common Cause 729 Holmes Street, N.W. Atlanta, Georgia 30318 416. John H. Hill Union Carbide 251 Florida Street Baton Rouge, LA 70801 417. Grady Perry, Jr. Georgia League of Savings Assoc. Suite 507 Standard Federal Building 41 Marietta Street, N.W. Atlanta, Georgia 30303 418. George I. Winn, Jr. United Transportation Union Post Office Box 69 Manchester, Georgia 31816 419. A. B. Reddick Allstate Insurance Company 5500 Interstate North Parkway Atlanta, Georgia 30328 420. Marcus Bergh Prudential 2742 Holly Ridge Drive Orange Park, FL 32073 421. Robert E. Simmons Tift County Chamber of Commerce Post Office Box 165 Tifton, Georgia 31794 422. Tasso L. Knight CWA Local 3204 1602 Dresden Drive, N.E. Atlanta, Georgia 30319 423. Ronald L. Cain Local Union 7731 United Steel Workers of America Post Office Box 159 Perry, Georgia 31069 424. Herbert C. Green United Auto Workers 6108 Spalding Drive Norcross, Georgia 30092 425. Floyd E. Doolittle Nat. Assn. for Advancement of Children's Rights 246 Sycamore Street, #240 Decatur, Georgia 30030 426. Ruby Thompson Atlanta Assn. of Education 201 Ashby, Suite 212 Atlanta, Georgia 30314 427. Conrad Sechler Ga. Consumer Finance Assoc. Tucker Federal Savings & Loan Assoc. Central Underwriter's, Inc. P. 0. Box 87 Tucker, Georgia 30084 3432 JOURNAL OF THE HOUSE, 428. Comer B. Lingo Brown Lung Association 4108 Second Avenue Columbus, Georgia 31904 429. Johnnie Floyd Brown Lung Association Route 1, Box 24 Cussetta, Georgia 31805 430. Daisy Lee Lassiter Brown Lung Association 314 28th St., Apt. 2 Columbus, Georgia 31904 431. James C. Thompson United Auto Workers 1280 Winchester Park Suite 131 Smyrna, Georgia 30080 432. Roger Sharrock Ga. Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035 433. John T. Anderson Babcock & Wilcox 1712 Greenway Augusta, Georgia 30909 434. Mary B. Hubert Brown Lung Association 1123 12th Avenue Augusta, Georgia 30901 435. Inez B. Rivers Brown Lung Association 1932 Gay Drive Augusta, Georgia 30906 436. Bobbie J. Sharp Ga. Assn. of Educators 1190 Lynway Lane, S.W. Atlanta, Georgia 30311 437. Andy Owen American Insurance Assn. 1200 Peachtree Center South Tower Atlanta, Georgia 30303 438. Gerald N. Brunson Merck Sharp & Dohme 4940 Windhaven Court Atlanta, Georgia 30338 439. Carl Martin U.S. Brewers Assn., Inc. 2965 Flowers Road, South Suite 133 Atlanta, Georgia 30341 440. Lea Adler CWA Local 3204 5132 Vermack Road Dunwoody, Georgia 30338 441. Shirley C. Webb CAW Local 3204 3601 Windmill Road Ellenwood, Georgia 30049 442. Thomas B. Glaser Savannah Area Chamber of Commerce 301 West Broad Street Savannah, Georgia 31499 443. Oliver W. Green Amalgamated Transit Union 4726 Kinberleigh Road Baltimore, Maryland 21212 444. Charles Dubyak Crawford County Route 1, Box 188 Roberta, Georgia 31078 445. David J. Moncrief Crawford County Commissioners Route 1, Box 85-5 Roberta, Georgia 31078 446. John Hutto Crawford County Route 2 Fort Valley, Georgia 31030 447. Joel C. Grogan Atlanta Fed. of Teachers Local 1565 627 Cumberland Road, N.E. Atlanta, Georgia 30306 448. Barbara S. Barnes Lobbying Americans 931 Woodland Avenue, S.E. Atlanta, Georgia 30316 449. Billy L. Adams Ga. Farm Equipment Assoc. 428 Academy Avenue Dublin, Georgia 31021 450. William E. Renouf Associates Corporation of North America 3395 N.E. Expressway Suite 350 - Dartmouth Bldg. Atlanta, Georgia 30341 FRIDAY, MARCH 26, 1982 3433 451. Leila Cheney-Pettway Ga. Fed. of Teachers American Fed. of Teachers AFL-CIO 2837 Boulevard Drive, S.E. Atlanta, Georgia 30317 452. Mardell M. Holman Common Cause 718 E. Ponce de Leon Ave. Decatur, Georgia 30030 453. William M. Bates Interstate Paper Corp. Moorehouse School of Medicine Suite 812 161 Spring Street, N.W. Atlanta, Georgia 30303 454. William Edward Twilley, Jr. International Paper Company Post Office Box 528 Georgetown, South Carolina 455. John Morse Kelly, Jr. Atlanta Film Craftsmen 834 Briarcliff Road, #6 Atlanta, Georgia 30306 456. Alfred C. Kammer Senior Citizens Advocacy Program 151 Spring Street, N.W. Atlanta, Georgia 30335 457. Lynda G. Gwaltney Agent Orange Victims of Atlanta Georgia Association of Vietnam Veterans 5058 Park Avenue Forest Park, Georgia 30050 458. Bernice G. Hancock Agent Orange Victims of Atlanta 9265 Thornton Boulevard Jonesboro, Georgia 30236 459. Lindsay R. Roux Georgia Association of Vietnam Era Veterans 893 Greenwood Avenue, N.E. Apartment 9 Atlanta, Georgia 30306 460. Patty Partin Georgia PTA 210 Indian Trail, N.E. Dalton, Georgia 30720 461. Joe W. Andrews, Jr. Southern Assn. Services Home Builders Assn. of Ga. Ga. Ind. Loan Assn. Ga. Jewelers Assn. Ga. Dairy Products Assn. Ga. Independent Meat Packers Assn. Cole National Corp. Ga. Assn. of Tax Officials Post Office Box 801 Macon, Georgia 31202 462. Emory C. Parrish Ga. Dept. of Transportation 3389 Dunn Street Smyrna, Georgia 30080 463. Charles L. Skinner Georgia Motor Trucking Assoc., Inc. 500 Piedmont Avenue, N.E. Atlanta, Georgia 30308 464. Terry Dean Jackson Self 2711 Ramsey Road Columbus, Georgia 31903 465. Francis E. Gardner, Jr. Self 7588 Nature Trail Columbus, Georgia 31904 466. George E. Stanton, Ph.D. Self 4123 Steam Mill Road Columbus, Georgia 31907 467. William S. Birklead Self Post Office Box 442 Hamilton, Georgia 31811 468. William J. Frazier, Ph.D. Self 1421 Eberhardt Avenue Columbus, Georgia 31906 469. David R. Schwimmer, Ph.D. Self 2407 18th Avenue Columbus, Georgia 31901 470. Rosalyn M. Harbuck Georgia Health Care Assoc. Route 2, Box 575 Forsyth, Georgia 31029 3434 JOURNAL OF THE HOUSE, 471. George T. Hunt, III Georgia Health Care Assoc. 3735 Memorial Drive Decatur, Georgia 30032 472. Lavoy Johnson Citizens United for Research & Education Ga. Association of Christian Schools 1074 Rock Chapel Road Lithonia, Georgia 30058 473. Jim Newman Southern Bell 125 Perimeter Center-West Atlanta, Georgia 30346 474. H. Glenn Anthony Ga. Forestry Assn. 709 Cain Tower Peachtree Center Atlanta, Georgia 30303 475. Robert T. Smith Homebuilders Assn. of Ga. 9360 Northlake Drive Roswell, Georgia 30076 476. Leslie E. Jones Ga. Assn. of Realtors 3053 Habersham Road, N.W. Atlanta, Georgia 30305 477. Sue Ella Deadwyler Eagle Forum (cancel 3/22/82) Georgia Insight (add 3/22/82) 4168 Rue Antoinette Stone Mtn., Georgia 30083 478. James A. White Homebuilders Assn. of Ga. Ga. Second Mortgage Lenders Assn. Southern Assn. Services, Inc. 230 W. Lanier Avenue Suite D Fayetteville, Georgia 30214 479. James W. Kittrell Family Lines Rail System 1590 Marietta Blvd., N.W. Atlanta, Georgia 30318 480. D. Boyd Yarley, Jr. Blue Cross of Ga./Columbus Blue Shield of Ga./Columbus Post Office Box 7368 Columbus, Georgia 31908 481. Stephen A. Ball, Jr. Tobacco Tax Council/ Tobacco Institute 3894 Foxford Drive Doraville, Georgia 30340 482. Jeffrey D. Mclntyre Citizens Participation in Government Project Self 161 Spring Street, N.W. Atlanta, Georgia 30303 483. J. R. Cullens Nat. Outdoor Advertising-3M Georgia State Bar Glenmore Distilleries Co. Georgia Trial Lawyers Assn. Monarch Wine Company Post Office Box 326 Cartersville, Georgia 30120 484. Ben E. Harwell Home Builders Assn. Metro Atlanta, Inc. 2009 D. Montreal Road Tucker, Georgia 30084 485. Julie Childs Jr. League of DeKalb County Suite 200 66 Luckie Street, N.W. Atlanta, Georgia 30043 486. Lithangia S. Robinson Ga. Assn. of Educators 2880 Valley Heart Dr., NW Atlanta, Georgia 30318 487. Allan R. Roffman Federal Land Bank of Columbia 126 E. Washington Street Madison, Georgia 30650 488. David H. Flint Outdoor Advertising Assn. of Georgia 935 Ivy Falls Dr., N.W. Atlanta, Georgia 30328 489. John N. Booth So. Bell Telephone and Telegraph Company 125 Perimeter Center Atlanta, Georgia 30346 490. Brian Johnstone General Telephone Company Suite 101 320 Interstate North Atlanta, Georgia 30339 FRIDAY, MARCH 26, 1982 3435 491. Henry P. Zimmer United Way of Metro Atlanta 100 Edgewood Avenue Atlanta, Georgia 30371 492. Sheila Abercrombie Self 2903 Vogue Drive Douglasville, Georgia 30135 493. J. R. Smith Ga. Motor Truckers Assn. Post Office Box G Barnesville, Georgia 30204 494. Gwen B. Metzger Self 1478 Diamond Head Drive Decatur, Georgia 30033 495. Bobby L. Fuse, Jr. Self 1379 Westboro Drive, SW Atlanta, Georgia 30310 496. James M. Warren Ga. Assn. of Notaries 111 S. Monroe Street Dublin, Georgia 31021 497. Michael A. Roman, Jr. Ga. Assn. of Vietnam Era Veterans 2235 Plaster Road Apartment 35 Atlanta, Georgia 3Q345 498. James M. Stewart Ga. Health Care Assn. Post Office Box 148 Pineview, Georgia 31071 499. Bobby Garmon Ga. Assn. of Educators Route 4, Box 144 Dahlonega, Georgia 30533 500. Glenda D. Foy Ga. Assn. of Educators 201 Ashby Street, N.W. Atlanta, Georgia 30314 501. Howard T. Overby Ga. Poultry Federation Post Office Box 636 Gainesville, Georgia 30503 502. H. M. "Bo" Tinsley Machinists-Local Lodge 1690 4362 Thurmond Road Forest Park, Georgia 30050 503. M. B. (Mike) Drake Machinists-Local Lodge 1690 4362 Thurmond Road Forest Park, Georgia 30050 504. Elizabeth M. Hess International Serv. Agencies 1577 Harbour Oaks Road Tucker, Georgia 30084 505. Carl Parks Allstate Allstate Plaza E5 Northbrook, Illinois 60062 506. Lillian D. H. Pettaway Ga. State Employees Assn. 2449 Sumac Drive Augusta, Georgia 30906 507. Stanley S. Jones, Jr. Hospital Corp. of America Ga. Alliance of Children Mental Health Section, State Bar of Georgia 1900 Rhodes Haverty Building Atlanta, Georgia 30343 508. John Jay McArthur Clarke County Burbon Street, Inc. Post Office Box 8026 Athens, Georgia 30603 509. David L. Bryant Lobbyist of America 133 Luckie Street Suite 308 Atlanta, Georgia 30303 510. William J. Shipley Education Committee, Ga. Assn. of Retarded Citizens 1380 Indian Trail, N.W. Atlanta, Georgia 30327 511. John O. Ambler Texaco, Inc. 1911 Noble Creek Drive, N.W. Atlanta, Georgia 30327 512. Willis B. Cowley Self One Fairfield Place Avondale, Georgia 30002 513. Jay S. Ricketts Assn. of County Commissioners of Ga. 1201 Rhodes Haverty Bldg. Atlanta, Georgia 30303 3436 JOURNAL OF THE HOUSE, Pursuant to HR 953, as amended by SR 427 and SR 428, the Speaker announced the House adjourned sine die. INDEX TO JOURNAL OF THE HOUSE OF REPRESENTATIVES REGULAR SESSION 1982 PART I -- ALPHABETICAL TABULATION (House and Senate Bills and Resolutions) PART II -NUMERICAL TABULATION (House Bills) PART III -- NUMERICAL TABULATION (House Resolutions) PART IV -- NUMERICAL TABULATION (Senate Bills in House) PART V -- NUMERICAL TABULATION (Senate Resolutions in House) HOUSE JOURNAL PART I HOUSE AND SENATE BILLS AND RESOLUTIONS ABANDONMENT Abandoned motor vehicles; affidavit fee.......................................................................HB 1498 Abandoned motor vehicles; affidavits ..............................................................................SB 623 Abandoned motor vehicles; notification...........................................................................SB 595 Abandoned motor vehicles; notify GBI...........................................................................HB 708 Child abandonment; certain support...............................................................................HB 174 ABDUCTION Kidnapping; interference with custody; 16 years ........................................................HB 1324 Parental kidnapping; information from Human Resources Department.................HB 1406 ABORTION Amend Chapter 26-12........................................................................................................HB 300 Certain notice ....................................................................................................................HB 1131 ABSENTEE VOTING Elections; contests; absentee ballots................................................................................HB 849 Municipal elections; contests; absentee ballots..............................................................HB 844 ACCOUNTANTS Licensed Public Accountants; create board..................................................................HB 1592 Public Accountancy Board; termination..........................................................................SB 662 ACTIONS Liability; certain firemen....................................................................................................SB 251 Limitations for torts; certain volunteer firemen..........................................................HB 1191 State agencies; sovereign immunity...............................................................................HB 1715 State agencies; sovereign immunity - CA........................................................................SR 340 ACWORTH, CITY OF; mayor and council; commend .................................................HR 902 AD VALOREM TAX Boats; rate - CA..................................................................................................................HR 205 Refer to numerical index for page numbers 3440 INDEX AD VALOREM TAX (Continued) Cattle; exemption - CA......................................................................................................HR 735 Certain lands; present use .................................................................................................HB 125 Classification; agricultural property - CA.........................................................................HR 30 Counties and municipalities; exemption; certain hydroelectric generators - CA...............................................................................................................HR 537 Counties; procedures in levying......................................................................................HB 1750 Credit; sprinklers; certain buildings - CA.......................................................................HR 274 Credit; sprinklers; certain buildings - CA.......................................................................HR 275 Delinquent taxpayers; publication of names ................................................................HB 1263 Delinquent taxpayers; publication of names .....................................................................SB 65 Education; local levy - CA.................................................................................................HR 664 Equalization, County Boards; alternate members.......................................................HB 1476 Equalization, County Boards; term, etc........................................................................HB 1282 Equalization; county digests..............................................................................................SB 613 Equalization; school tax digest.......................................................................................HB 1602 Fair market value; exclude certain costs..........................................................................SB 614 Freeport; exemption application....................................................................................HB 1351 Freeport; average monthly inventory - CA.....................................................................HR 790 Freeport; monthly inventory - CA.....................................................................................HR 12 Homestead exemption; disabled on Social Security - CA............................................HR 305 Homestead exemption; disabled veterans - CA.............................................................HR 169 Homestead exemption; disabled veterans - CA..............................................................SR 103 Homestead exemption; elderly; school tax - CA................................................................HR 7 Income tax; credit for certain liability............................................................................HB 175 Intangible property - CA......................................................................................................SR 11 Intangible property; prohibit - CA..................................................................................HR 270 Irrigation ponds - CA.........................................................................................................HR 209 License plates; tax return due date.................................................................................HB 141 Limitation; monied capital - CA......................................................................................HR 665 Local option sales tax; revenue apportionment - CA.....................................................HR 29 Mobile homes......................................................................................................................HB 541 Motor vehicles; definition..................................................................................................HB 649 Motor vehicles; municipalities; assessments.................................................................HB 1136 Motor vehicles; return to Commissioner.......................................................................HB 1430 Non profit homes; certain disabled; exemptions .........................................................HB 1289 Notice of changes in return...............................................................................................HB 321 Prepayment agreements...................................................................................................HB 1375 Property tax relief; amend Revenue Code......................................................................HB 113 Property tax relief; elderly - CA........................................................................................HR 44 Public Utilities; franchises; revenues - CA.....................................................................HR 618 Railroad equipment companies ......................................................................................HB 1028 Revenue; additional sources for schools - CA................................................................HR 750 Revenue Code; assessment notices.................................................................................HB 1247 Tax assessors; periods for appeal.....................................................................................HB 770 Taxation; notices; assessment and executions..............................................................HB 1248 Tax collectors and commissioners; minimum salary......................................................SB 552 Tax collectors and commissioners; training....................................................................HB 223 Tax executions; fees.........................................................................................................HB 1467 Tax executions; minimum fees.......................................................................................HB 1536 Tax executions; notice to owner.....................................................................................HB 1774 Time for making returns .................................................................................................HB 1424 When collections paid to counties .................................................................................HB 1115 ADAMS, HONORABLE JOHN; Committee assignment......................................Page 1213 ADEQUATE PROGRAM FOR EDUCATION (APEG) Attendance; children receiving AFDC.............................................................................HB 436 Refer to numerical index for page numbers INDEX 3441 ADEQUATE PROGRAM FOR EDUCATION (APEG) (Continued) Funds for construction.......................................................................................................HB 522 Funds for construction........................................................................................................SB 253 Health education curriculum ..............................................................................................HB 92 Kindergarten; teacher allotment ......................................................................................HB 177 Limitations on certain programs ......................................................................................HB 387 Psychoeducational centers.................................................................................................HB 178 School athletic events; broadcast .....................................................................................HB 354 School buses; mileage computation ....................................................................................SB 63 School facilities; compliance with certain minimum standards ..................................HB 989 School facilities; revise provisions ....................................................................................HB 899 School lunch program; requirements ...............................................................................HB 782 Special education; delays in reduction ............................................................................HB 438 Special education services; eligibility ..............................................................................HB 501 Teachers; allotment............................................................................................................HB 463 Teachers; certification; criteria reference testing ..........................................................HB 320 Teachers; duty free lunch period ......................................................................................SB 308 Teachers; lifetime certification.......................................................................................HB 1433 Weighted pupil program..................................................................................................HB 1073 ADJOURNMENT (GENERAL ASSEMBLY) Adjourn, 1/22/82; convene, 2/8/82....................................................................................HR 508 Adjourn, 2/12/82; convene, 2/15/82..................................................................................HR 621 Adjourn, 2/19/82; convene, 2/22/82..................................................................................HR 709 Adjourn, 2/26/82; convene, 3/8/82.....................................................................................SR 326 Adjourn, 3/16/82; convene, 3/22/82..................................................................................HR 847 Adjourn, 3/24/82; convene, 3/26/82..................................................................................HR 918 Adjourn sine die; 3/26/82; 9 pm.......................................................................................HR 953 Adjourn sine die; 3/26/82; 10 pm......................................................................................SR 427 Adjourn sine die; 3/26/82; 10:15 pm.................................................................................SR 428 ADMINISTRATIVE PROCEDURE ACT Administrative Law Judges; Joint Study Committee; create ......................................HR 752 Agency rules; change after legislative review..................................................................SB 495 General Assembly; override rule .......................................................................................SB 432 General Assembly; reports; distribution........................................................................HB 1821 Hearings; telephone..........................................................................................................HB 1584 Publications; rules...............................................................................................................SB 112 ADMINISTRATIVE SERVICES (See Department of Administrative Services) ADMINISTRATORS AND EXECUTORS Estates of deceased or absent persons; new Code chapter ........................................HB 1113 Executors and trustees; investments; retroactive application .....................................HB 737 Trusts; investments by order of Probate Court.............................................................HB 156 ADOPTION Notice of termination; parental rights...............................................................................HB 97 Social services; certain fees ................................................................................................SB 496 ADVERTISING Alcoholic beverages; advertising.....................................................................................HB 1295 Gambling; seizure of property; notice............................................................................HB 1210 Judicial sales; official county organ; selection..............................................................HB 1086 Kosher food; advertising.....................................................................................................SB 103 Outdoor advertising; exception; certain signs ..............................................................HB 1104 Outdoor advertising; trimming vegetation.......................................................................SB 513 Professional Engineers and Land Surveyors; advertising.............................................SB 617 Real estate promotions; regulate.......................................................................................SB 661 Refer to numerical index for page numbers 3442 INDEX ADVERTISING (Continued) Tax sales; notice to interest holders, etc.........................................................................SB 594 Tax sales; notice to owner ...............................................................................................HB 1774 AGED Community care and services for the elderly..................................................................SB 581 Homestead exemption; school tax - CA..............................................................................HR 7 Hospitals, etc.; certain evaluation ......................................................................................HB 91 Income tax; exemption; medicine.....................................................................................HB 988 Income tax; increase exemption; elderly and disabled ...............................................HB 1212 Income tax; retirement income; exemption ..................................................................HB 1415 Insurance; age discrimination ...........................................................................................HB 605 Insurance; reduction or termination; age......................................................................HB 1334 Juries; elderly; removal of name for service....................................................................SB 311 Nursing home care; family responsibility .....................................................................HB 1204 Property tax relief; elderly - CA........................................................................................HR 44 School buses; transportation of elderly and handicapped ............................................SB 758 Services for the Aged Study Committee; create .............................................................SR 226 Silver-Haired Legislature; meet each year......................................................................HR 381 Skilled nursing and intermediate care facilities; regulation ......................................HB 1607 State parks; admission .......................................................................................................HB 945 State parks; camping fees; discount .................................................................................SB 515 Tax Credit for Family Support of Mentally Retarded, Handicapped and Elderly; committee .........................................................................................................HR 527 AGENCIES, STATE (See State Government and Named Agency) AGRICULTURE AND DEPARTMENT OF AGRICULTURE Ad valorem tax; certain lands; present use ....................................................................HB 125 Ad valorem tax; classification; agricultural property - CA ............................................HR 30 Ad valorem tax; irrigation ponds - CA............................................................................HR 209 Agricultural Commodity Commissions; members compensation .................................SB 529 Buying Services Act; administration .............................................................................HB 1519 Cattle; ad valorem tax exemption - CA..........................................................................HR 735 Central District Cooperative Extension Service; relocation.........................................HR 426 Contracts; farm equipment ................................................................................................SB 713 Contracts; tractors; farm equipment ................................................................................SB 468 Equine Act; license sales .....................................................................................................HB 14 Groundwater Use Act; exemptions................................................................................HB 1110 Honeybees; counties and municipalities; prohibitions................................................HB 1590 Horses; slaughtering; prohibitions......................................................................................HB 12 Interest on financing; override federal regulations......................................................HB 1745 Irrigation systems; equipment required ........................................................................HB 1780 Joint Committee on Farm Winery Laws; create............................................................HR 715 Joint Committee on Prime Agricultural Farmland........................................................SR 134 Livestock dealers and market operators; licensing.........................................................SB 735 Meat Inspection Act; adulterated articles ....................................................................HB 1355 Motor carrier; transport feed, livestock or poultry.....................................................HB 1276 Motor contract carriers; hauling certain wood materials ...........................................HB 1615 Pesticide Use and Application Act; paraquat..............................................................HB 1100 School absences; seasonal farm labor..............................................................................HB 987 Uniform Commercial Code; crops ....................................................................................HB 596 Water Quality Control Act; certain irrigation system.................................................HB 1109 Water resources; permits .................................................................................................HB 1178 AID TO DEPENDENT CHILDREN (See Department of Human Resources, Indigent and Minors) AIR POLLUTION (See Pollution) Refer to numerical index for page numbers INDEX 3443 AIRLINES AND AIRPORTS (See Aviation) ALBRITTON, MISS CINDY; commend ......................................................................HR 887 ALCOHOLIC BEVERAGES Additional excise tax........................................................................................................HB 1294 Advertising.........................................................................................................................HB 1295 Alcoholic and drug dependent persons; expenses........................................................HB 1627 Alcoholic and drug dependent persons; hospitalization ................................................SB 254 Alcoholic and drug dependent persons; hospitalization; restraints ..........................HB 1274 Comprehensive treatment of alcoholism; effective date...............................................HB 870 Comprehensive treatment of alcoholism; effective date.............................................HB 1159 Congress, Memorialize; warning on containers ..............................................................HR 301 Consumption by pregnant women .....................................................................................HB 90 Counties and municipalities; excise tax..........................................................................HB 743 Distance from church; sales; certain counties ................................................................HB 691 Domestic wineries; amount produced............................................................................HB 1437 Domestic wineries; sales; retail dealers ............................................................................SB 750 DUI; driver improvement course; nolo contendere .......................................................HB 390 DUI; license suspension; death of anyone in accident...................................................SB 506 DUI; nolo contendere; drug or alcohol program..........................................................HB 1431 DUI; pamphlets-exams; driver's license applicants........................................................SR 238 DUI; penalties ...................................................................................................................HB 1376 DUI; penalties ...................................................................................................................HB 1393 DUI; penalties ......................................................................................................................SB 559 DUI; provisional license for 16 or 17 year olds; revocation ..........................................SB 519 DUI; refusal of test; evidence .........................................................................................HB 1581 DUI; refusal of test; suspension of license....................................................................HB 1163 Joint Committee on Farm Winery Laws; create............................................................HR 715 Malt beverages; certain sales ............................................................................................HB 905 Malt beverages; distribution ...............................................................................................HB 79 Post Mortem Exam Act; test for intoxicants...............................................................HB 1299 Private clubs; certain counties........................................................................................HB 1670 Private clubs; Laurens County .......................................................................................HB 1483 Public drunkenness; punishment.....................................................................................HB 168 Retail licenses....................................................................................................................HB 1252 Retail package license; limitation...................................................................................HB 1846 Sales; Baldwin County ........................................................................................................SB 248 Sales by drink; Candler County .....................................................................................HB 1432 Sales by drink; packaging....................................................................................................HB 11 Sales by drink; retail license fee...................................................,.................................HB 1398 Sales by drink; time for referendum; certain counties ...............................................HB 1906 Sales on Christmas Day...................................................................................................HB 1423 Sales on Christmas Day...................................................................................................HB 1752 Sales on premises; prohibit certain conduct....................................................................SB 656 Sales on Sundays and election days; certain counties................................................HB 1749 Sales on Sundays and election days; Chatham County................................................HB 255 Sales on Sundays and election days; Cobb County........................................................SB 471 Sales on Sundays; certain counties...................................................................................SB 734 Stone Mountain Park; alcoholic beverage sales.............................................................HB 251 Tax proceeds; abuse programs - CA...................................................................................SR 13 Wine; delivery by common carrier .................................................................................HB 1275 Wine; shipper information ..............................................................................................HB 1269 ALCOVY JUDICIAL CIRCUIT; court reporter; salary.............................................SB 746 ALDEN, DR. HEWETT M.; recognize ...........................................................................HR 739 ALIENS Foreign corporations; registration; real property...........................................................HB 813 Refer to numerical index for page numbers 3444 INDEX ALIENS (Continued) Nonresident alien; ownership of realty .........................................................................HB 1121 Uniform Reciprocal Support Act; foreign governments................................................SB 483 ALLIGATORS; Game and Fish; alligator hides; sales, etc............................................SB 590 ALPHARETTA, CITY OF Corporate limits................................................................................................................HB 1969 New charter.........................................................................................................................HB 720 AMBULANCE SERVICE (See Emergencies and Emergency Services) AMENDMENTS TO THE CONSTITUTION - GENERAL Ad valorem tax; boats; rate...............................................................................................HR 205 Ad valorem tax; classification; agricultural property ......................................................HR 30 Ad valorem tax; credit; sprinklers; certain buildings....................................................HR 274 Ad valorem tax; credit; sprinklers; certain buildings....................................................HR 275 Ad valorem tax; education; local levy..............................................................................HR 664 Ad valorem tax; freeport; average monthly inventory....................................................HR 12 Ad valorem tax; freeport; average monthly inventory ..................................................HR 790 Ad valorem tax; irrigation ponds.....................................................................................HR 209 Ad valorem tax; limitation; monied capital....................................................................HR 665 Alcoholic beverages; tax proceeds; abuse program...........................................................SR 13 Appropriations; certain percent; state's personal income ............................................HR 138 Baldwin County; hazardous waste site................................................................................HR 8 Bingo; excise tax; imposition ............................................................................................HR 920 Cobb Judicial Circuit; district attorney; term................................................................HR 385 Commercial oil well; amount of reward...........................................................................SR 259 Constitutional Amendments; Presidential Preference Primary ..................................HR 290 Constitutional offices; vacancies; repeal certain 1981 Resolution...............................................................................................................HR 517 Democratic form of government; funds for promotion.................................................HR 411 Development and maintenance of political institutions; funds....................................SR 283 Emergency medical technicians; indemnification.............................................................SR 10 Felonies, three or more; prohibit pardon........................................................................HR 535 Firemen or policemen; increase certain pensions..........................................................HR 303 General Assembly; committees; filling vacancies............................................................SR 241 General Assembly; one member from each district........................................................HR 33 General Assembly; service; University system member................................................HR 380 Homestead exemption; disabled on Social Security......................................................HR 305 Homestead exemption; disabled veterans.......................................................................HR 169 Homestead exemption; disabled veterans........................................................................SR 103 Homestead exemption; elderly; school tax.........................................................................HR 7 Initiative petition................................................................................................................HR 340 Intangible property; ad valorem tax...................................................................................SR 11 Intangible property; prohibit ad valorem tax................................................................HR 270 Life imprisonment; certain crimes; serve 25 years........................................................HR 623 Life imprisonment; parole prohibitions...........................................................................SR 222 Local income tax; education .............................................................................................HR 354 Local option sales tax; revenue apportionment...............................................................HR 29 Murder of child; serve 20 years before parole................................................................HR 150 New Constitution; amend Articles IV, VI, VIII, IX and XI .......................................HR 510 New Constitution; amend; State debt.............................................................................HR 580 Occupational license; counties levy....................................................................................HR 26 One percent sales tax; education........................................................................................HR 28 Pardon or parole; previous felony; powers of General Assembly ................................HR 511 Pardon or parole; same felony; General Assembly prescribe law...............................HR 512 Political parties and institutions; funds from citizens..................................................HR 587 Property tax relief; elderly ..................................................................................................HR 44 Refer to numerical index for page numbers INDEX 3445 AMENDMENTS TO THE CONSTITUTION - GENERAL (Continued) Public debt; allowable debt service..................................................................................HR 330 Public debt; service limitation............................................................................................HR 11 Public initiative.....................................................................................................................HR 55 Public Service Commission; election ...............................................................................HR 289 Public Utilities; franchises; revenues...............................................................................HR 618 Ratification of two Articles; repeal certain 1981 Resolution .......................................HR 513 Revenue; additional sources for schools..........................................................................HR 750 Revenue bills; increase funds for appropriations...........................................................HR 139 State Commission on Legislative Compensation ...........................................................HR 264 State government; sovereign immunity............................................................................SR 340 Superior Court; number of jurors ....................................................................................HR 112 AMENDMENTS TO THE CONSTITUTION - LOCAL Atlanta-Fulton County ad valorem tax; urban enterprise zone..................................HR 774 Atlanta-Fulton County; certain ad valorem tax; exemption........................................HR 775 Augusta, City of; ad valorem tax; certain capital improvements................................HR 740 Baxley, City of; homestead exemption............................................................................HR 780 Ben Hill County; occupational taxes...............................................................................HR 586 Bleckley County; Board of Education; election .............................................................HR 817 Bryan County Industrial Development Authority; tax................,.................................SR 333 Cabbagetown Historic District; ad valorem tax exemption ..........................................SR 264 Camden County; homestead exemption..........................................................................HR 640 Chamblee, City of; homestead exemption .......................................................................SR 330 Chattooga County; local option sales tax; proceeds......................................................HR 822 Cobb County-City of Marietta; local sales tax proceeds..............................................HR 410 Cobb County; homestead exemption; education; elderly .............................................HR 830 Cobb County; local option sales tax; proceeds...............................................................HR 277 College Park, City of; homestead exemption; elderly and disabled ...........................HR 701 Colquitt County; license tag; certain additional fee......................................................HR 813 Colquitt County; local option tax; proceeds...................................................................HR 779 Columbia County; justices of the peace; jurisdiction....................................................HR 622 Covington, City of; ad valorem taxes; homestead exemption......................................HR 594 Crisp County-Cordele Industrial Development Authority; membership ...................HR 597 Crisp County; homestead exemption; elderly.................................................................HR 573 DeKalb County; ad valorem tax; limitation ...................................................................HR 789 DeKalb County; homestead exemption; disabled..........................................................HR 793 DeKalb County; homestead exemption; elderly ............................................................HR 792 Effingham County; homestead exemption; school tax..................................................HR 743 Fulton County; building authority; General Assembly create.....................................HR 718 Fulton County; governing authority; zoning ..................................................................HR 601 Fulton County; neighborhood subunits; unincorporated area.....................................HR 165 Fulton County; prohibit libraries; certain cities ............................................................HR 158 Fulton County; special service tax districts...................................................................HR 382 Glynn County; ordinances; penalties ...............................................................................HR 748 Griffin-Spalding County Board of Education; elections...............................................HR 826 Habersham County; local option tax; allocation............................................................HR 591 Hapeville Development Authority; create .......................................................................SR 320 Haralson County; Board of Education; election.............................................................SR 165 Harris County; ad valorem tax; assessment...................................................................HR 819 Henry County; ad valorem tax; manufacturing establishments..................................HR 713 Henry County; homestead exemption ..............................................................................SR 293 Henry County; homestead exemption; education; elderly and disabled.....................SR 292 Henry County; homestead exemption; elderly and disabled ........................................SR 294 Houston County; ad valorem tax; schools; limitation...................................................HR 700 Houston County; local option sales tax...........................................................................HR 699 Jefferson County; ad valorem tax; discount ...................................................................HR 657 Lowndes County; business licenses; unincorporated area............................................HR 670 Refer to numerical index for page numbers 3446 INDEX AMENDMENTS TO THE CONSTITUTION - LOCAL (Continued) Lowndes County; street improvement bonds.................................................................HR 777 Lowndes County; Justice of Peace; jurisdiction ............................................................HR 669 Meriwether County; Justices of Peace; jurisdiction ......................................................HR 636 Mitchell County; 1% sales tax; education ......................................................................HR 758 Moultrie-Colquitt Development Authority; interest on bonds....................................HR 634 Newton County; homestead exemption...........................................................................HR 753 Paulding County; ad valorem tax; education; exemption .............................................SR 266 Pierce County; homestead exemption; elderly ...............................................................HR 639 Pine Lake, City of; homestead exemption......................................................................HR 663 Powder Springs Downtown Development Authority .....................................................SR 225 Pulaski County; Board of Education; election...............................................................HR 816 Richmond County; homestead exemption; education.....................................................HR 32 Richmond County; merit system; create.........................................................................HR 714 Richmond County; merit system; create........................................................................:HR 751 Richmond County; sheriffs employees; merit system..................................................HR 717 Schley County; Justice of Peace; jurisdiction ................................................................HR 698 Screven County; ad valorem tax; manufacturing establishments...............................HR 746 Spalding County; certain public facilities.......................................................................HR 823 Tifton, City of-Tift County; consolidation.....................................................................HR 540 Towns County; sales tax; education.................................................................................SR 321 Union City, City of; homestead exemption; elderly......................................................HR 672 Walton County; license fees; unincorporated area........................................................HR 787 Ware County; county manager; create office .................................................................HR 563 Whitfield County; ad valorem tax; limit increase .........................................................HR 626 Whitfield County; homestead exemption .......................................................................HR 625 Whitfield County; merit system; create ..........................................................................HR 671 AMERICAN HEART ASSOCIATION, GEORGIA AFFILIATE Invite to House ...................................................................................................................HR 576 AMERICAN HELLENIC EDUCATIONAL PROGRESSIVE ASSOCIATION; commend............................................................................................HR 917 ANIMALS American Boarding Kennels Association; addressing...................................................HR 784 Armadillo Olympics Day; proclaim..................................................................................HR 265 Criminal Code; prohibit betting on dogfighting ..........................................................HB 1133 Designating Bulldog as State Dog......................................................................................HR 78 Dogfighting; prohibit........................................................................................................HB 1280 Dogfighting; prohibit...........................................................................................................SB 463 Game and Fish; alligator hides; sales, etc........................................................................SB 590 Game and Fish; body-gripping trap; prohibitions .......................................................HB 1381 Game and Fish; night hunting; seizure of property .......................................................SB 596 Horses; slaughtering; prohibitions......................................................................................HB 12 Hunting; small animals or nongame animals.................................................................HB 513 Income tax; designate overpayment; wildlife protection ............................................HB 1257 Meat Inspection Act; diseased animals; slaughtering .................................................HB 1355 Torts; liability; animal owners...........................................................................................SB 318 Veterinary Medicine, Board; termination.....................................................................HB 1518 APARTMENTS Contracts; residential leases and consumer contracts; plain language.......................HB 228 Landlord and Tenant; duration of tenancy....................................................................HB 645 Landlord and Tenant; payment of rent into court.......................................................HB 644 Landlord and Tenant; tenancy at will; increase rent....................................................HB 246 Smoke detectors; apartments................................................................................................HB 9 APPEALS AND COURT OF APPEALS Criminal cases; bond ...........................................................................................................SB 588 Refer to numerical index for page numbers INDEX 3447 APPEALS AND COURT OF APPEALS (Continued) Criminal cases; form............................................................................................................SB 607 Criminal cases; indigent client........................................................................................HB 1814 Failure to give jury instruction..........................................................................................SB 589 Superior Courts; appeals from inferior courts; certain cases .....................................HB 1510 Supreme Court and Court of Appeals; publisher maintain reports .........................HB 1783 Supreme Court and Court of Appeals; reports distribution ........................................HB 628 Supreme Court; rules of unified appeal..........................................................................HR 140 APPLING COUNTY; commissioners; composition and selection ............................HB 1929 APPROPRIATIONS (See Budget) ARBITRATION AND AWARD Georgia Arbitration Code for construction contracts......................................................HB 27 ARCHITECTS Building permits; permanent records ............................................................................HB 1444 Consultants Competitive Negotiations Study Committee ...........................................HR 134 Engineers; approval of plans, etc...................................................................................HB 1685 Exemption from registration.............................................................................................HB 425 State Board; qualifications; termination.......................................................................HB 1218 ARCHIVES AND HISTORY, DEPARTMENT OF (See Department of Archives and History) AREA PLANNING AND DEVELOPMENT COMMISSION Boundaries ...........................................................................................................................HB 224 Community Affairs, Department of; powers, etc.........................................................HB 1161 ARMADILLO OLYMPICS DAY; proclaim ................................................................HR 265 ARMED FORCES Employees' Retirement System; certain military service credit..................................HB 209 Employees' Retirement System; credit for Vietnam service........................................HB 232 Employees' Retirement System; military service credit; allies..................................HB 1260 Income tax; exempt armed forces retirement ..................................................................HB 60 Public office; eligibility to serve........................................................................................SB 674 Public officers and employees; military duty; pay......................................................HB 1600 Public officers and employees; military duty; pay .........................................................SB 391 Secondary schools; military recruiters; access..............................................................HB 1973 State employees; layoffs; veterans' preference................................................................SB 706 State Examining boards; licenses; veterans' preference ................................................SB 619 Timber sales; military installations; proceeds..............................................................HB 1474 Veterans; exposure to Agent Orange .............................................................................HB 1200 Women; remove prohibitions; certain duties................................................................HB 1206 ARSON Fire Departments; arson reports....................................................................................HB 1157 Pardons and Paroles; certain crimes; prohibit pardon, etc. - CA...............................HR 561 ART Council for the Arts and Humanities; loan programs...................................................HB 985 Council for the Arts and Humanities; membership ......................................................HB 572 Professional fund raising; additional exemption............................................................HB 956 State buildings; funds for art..........................................................................................HB 1125 State Museum of Art; designate at University of Georiga...........................................HR 782 State Museum of Art; designate at University of Georgia............................................SR 331 ASPINWALL, MABEL HARDEN; recognize .............................................................HR 839 Refer to numerical index for page numbers 3448 INDEX ASSAULT Aggravated assault; penalty............................................................................................HB 1253 Aggravated assault; penalty ...............................................................................................SB 227 ATHENS BANNER-HERALD; commend 150th Anniversary..................................HR 769 ATHENS CHRISTIAN SCHOOL GIRLS' BASKETBALL TEAM Commend.............................................................................................................................HR 905 ATHENS, CITY OF Clarke County State Court; appeals; civil cases..........................................................HB 1673 ATHLETIC CONTESTS AND ATHLETIC TRAINERS Athletic Trainers, State Board; termination...................................................................SB 681 School athletic events; broadcast.....................................................................................HB 354 Sports Hall of Fame; board and membership..............................................................HB 1209 State Boxing Commission; create...................................................................................HB 1256 ATKINSON COUNTY High School Girls' Basketball Team; commend............................................................HR 959 High School Girls' Track Team; commend....................................................................HR 960 ATLANTA BRAVES CARAVAN; relative to.............................................................HR 509 ATLANTA, CITY OF Atlanta City Court; costs; county law libraries...............................................................SB 654 Atlanta-Fulton County ad valorem tax; urban enterprise zone - CA.........................HR 774 Atlanta-Fulton County; certain ad valorem tax; exemption - CA..............................HR 775 Atlanta-Fulton County; water and sewer system - CA.................................................HR 168 Atlanta Group Insurance Board Authority; repeal ........................................................SB 759 Atlanta School System; Civil Service Board; amend..................................................HB 1506 Board of Education; compensation................................................................................HB 1507 Board of Education; qualifications................................................................................HB 1505 Cabbagetown Historic District; ad valorem tax; exemption - CA...............................SR 264 Capital City Safety Assistance Committee; create...........................................................SB 67 Closing public streets.......................................................................................................HB 1671 Commend.............................................................................................................................HR 842 Corporate limits................................................................................................................HB 1737 Grant; police protection.....................................................................................................HB 147 Great Park Authority; encourage President Carter library.........................................HR 246 Great Park Authority; repeal..........................................................................................HB 1054 Municipal court; fees........................................................................................................HB 1396 Pensions; benefits; cost of living....................................................................................HB 1330 Pensions; certain officers....................................................................................................SB 549 Pensions; firemen................................................................................................................HB 335 Pensions; firemen..............................................................................................................HB 1332 Pensions; membership limitation...................................................................................HB 1265 Pensions; officers and employees.....................................................................................HB 334 Pensions; officers and employees; correct reference....................................................HB 1343 Pensions; officers and employees; sick leave................................................................HB 1341 Pensions; police...................................................................................................................HB 336 Pensions; police.................................................................................................................HB 1331 President of Council.........................................................................................................HB 1264 Transportation Department; reconstruction of Atlanta's freeways............................HR 974 ATLANTA FENCERS' CLUB; commend....................................................................HR 944 ATLANTIC JUDICIAL CIRCUIT; add judge............................................................SB 625 ATTACHMENTS; amend code .........................................................................................SB 325 Refer to numerical index for page numbers INDEX 3449 ATTORNEYS Bankruptcy petition; notice...............................................................................................SB 346 Civil Practice; continuance; absence of attorney ............................................................SB 522 Contracts; attorney's fees ...................................................................................................SB 286 Guardian ad litem; service as attorney ........................,................................................HB 1179 Justice of the Peace; exclude practicing attorney ..........................................................SB 199 Probate Court; disqualification of judge..........................................................................SB 285 Public Defender; engage in practice of Criminal Law................................................HB 1729 Subpoenas; issuance...........................................................................................................HB 373 AUCTIONS Auctioneers; license............................................................................................................HB 482 Auctioneers; licensing; exemption .....................................................................................SB 730 Judicial sales; licensed auctioneers; fees.......................................................................HB 1298 AUGUSTA, CITY OF Ad valorem tax; certain capital improvements - CA ....................................................HR 740 Augusta Redevelopment Authority; transfer assets....................................................HB 1869 Corporate limits..................................................................................................................HB 928 Corporate limits................................................................................................................HB 1828 Fines....................................................................................................................................HB 1829 Real Estate Board; exemption; housing for Masters Tournament...........................HB 1207 Sports Hall of Fame; site ................................................................................................HB 1209 AUTHORITIES Development Authorities Law; contracts with director..............................................HB 1249 Development Authorities Law; hydroelectric facilities...............................................HB 1227 Development Authorities Law; members per diem........................................................SB 140 Development Authorities Law; project defined..............................................................SB 247 Development Authorities Law; research and development..........................................HB 907 Development Authorities Law; taxation.........................................................................HB 166 Development Authorities Law; warehouses; certain prohibitions.............................HB 1676 Downtown Development Authorities; directors; qualification...................................HB 1764 Georgia Building Authority; contracts............................................................................HB 548 Great Park Authority; encourage Presidential Library................................................HR 246 Great Park Authority; repeal..........................................................................................HB 1054 Health Care Facilities; Authorities..................................................................................HB 879 Hospital authorities; provide certain services................................................................HB 686 Hospital authorities; vacancies .........................................................................................HB 381 Housing authorities; purchase mortgages; Residential Finance Authority; bonds..............................................................................................................SB 550 Housing authorities; site acquisition ...............................................................................HB 393 Housing authorities; tenants; board.................................................................................HB 634 Housing authorities; tenants; deposit............................................................................HB 1312 Junior colleges; payments to local authorities .............................................................HB 1696 Local development authorities; Downtown Development Authorities; contracts with directors...............................................................................................HB 1308 MARTA; Board of Directors; compensation ................................................................HB 1489 MARTA; compensation of directors; contracts............................................................HB 1325 MARTA; create new Advisory Board..............................................................................HB 183 MARTA; drivers; concealed weapons............................................................................HB 1708 MARTA; fare increases; limits.......................................................................................HB 1457 MARTA; proceeds of bonds, taxes, etc............................................................................SB 762 MARTA; property acquisition; labor arbitration ............................................................HB 55 MARTA; salary restrictions............................................................................................HB 1458 MARTA; sales tax; certain credit ..................................................................................HB 1215 MARTA; sales tax; certain credit ...................................................,...................,..........HB 1216 MARTA; sales tax; certain credit ..................................................................................HB 1460 Refer to numerical index for page numbers 3450 INDEX AUTHORITIES (Continued) MARTA; sales tax; liability ............................................................................................HB 1279 MARTA; tax exemptions; charters ..................................................................................HB 660 MARTA; vehicle leases without bidding.......................................................................HB 1279 MARTA; vehicles; competitive bidding ........................................................................HB 1488 Open meetings; new chapter..............................................................................................SB 683 Public Building Authorities; create ..................................................................................SB 326 Residential Finance Authority; amend; Secondary Market Corporation ...................SB 728 Residential Finance Authority; bond maximum..........................................................HB 1259 Residential Finance Authority; membership................................................................HB 1688 Resource Recovery Development Authority; amend ...................................................HB 1722 Student Finance Authority; out-of-state grants ............................................................HB 589 Sunshine Law; authorities; votes......................................................................................HB 526 Upper Savannah River Development Authority; create.............................................HB 1401 Urban Residential Finance Authority; municipalities ..................................................HB 430 World Congress Center; convey property .......................................................................HR 240 World Congress Center; recreate authority ..................................................................HB 1546 AUTOMOBILES (See Motor Vehicles) AUTRY, RONALD; condolences......................................................................................HR 643 AVIATION Aircraft Registration Act...................................................................................................HB 160 Certificates of insurance ..................................................................................................HB 1955 AVONDALE ESTATES, CITY OF Corporate limits ................................................................................................................HB 1439 Corporate limits ................................................................................................................HB 1441 Corporate limits ................................................................................................................HB 1593 Corporate limits ................................................................................................................HB 1594 B BACON COUNTY; commissioners; membership.........................................................HB 1901 BACON, LT. COL. CHARLES L.; USMC Reserve; commend .................................HR 880 BAIL BONDS (See Bonds) BAINBRIDGE, CITY OF; Housing Authority ...........................................................HB 1445 "BALD EAGLE DAY"; designate June 20, 1982 ..........................................................HR 688 BALDWIN COUNTY Alcoholic beverage sales............._.......................................................................................SB 248 Convey property ..................................................................................................................SR 281 Convey property; J. P. Stevens Company .......................................................................SR 229 Hazardous waste site - CA....................................................................................................HR 8 New Constitution; Courts in certain counties.................................................................SR 244 Small Claims Court.............................................................................................................SB 147 BANKRUPTCY Contracts; bankruptcy proceedings; notice......................................................................SB 346 Property; exemptions from processes to collect debts................................................HB 1132 BANKS AND BANKING Ad valorem tax; limitation; monied capital - CA..........................................................HR 665 Refer to numerical index for page numbers INDEX 3451 BANKS AND BANKING (Continued) Bad checks; penalties.......................................................................................................HB 1559 Business Production Facility Act.....................................................................................HB 458 Credit Transaction Code; enact......................................................................................HB 1135 Disposition of Unclaimed Property; amend ....................................................................SB 680 Fiduciary; voting of shares of corporation.......................................................................SB 591 Financial institutions; certain currency transactions; reports ......................................SB 480 Financial institutions; minors; third party accounts...................................................HB 1550 Housing Authorities; purchase mortgages; mortgage lenders.......................................SB 550 Installment loans; interest rate.........................................................................................HB 553 Intangible recording tax; refund .......................................................................................SB 675 Interest on unpaid interest; real estate loans...............................................................HB 1447 Interest; override federal regulations.............................................................................HB 1745 Interest rate; commercial accounts...................................................................................SB 380 Real estate loans; escrow account; interest...................................................................HB 1516 Residential Finance Authority; Secondary Market Corporation .................................SB 728 Savings and loans associations; branch banking.............................................................SB 650 Secondary security deeds; interest....................................................................................SB 666 Small business loans; investments by certain financial institutions.........................HB 1972 State savings and loans associations; branch offices......................................................SB 650 Taxation; financial institutions ......................................................................................HB 1126 BANKS COUNTY Piedmont Judicial Circuit; supplement.........................................................................HB 1798 Tax commissioner; salary................................................................................................HB 1428 Tax returns; time..............................................................................................................HB 1743 BARBERS AND MANICURISTS Barber Act; health certificates..........................................................................................HB 990 Barbers, State Board; termination....................................................................................SB 502 BARRON, MR. FRANK; congratulate...........................................................................HR 857 BARTOW COUNTY Board of Education; compensation................................................................................HB 1864 Board of Education; term................................................................................................HB 1866 Convey property..................................................................................................................HR 707 Superintendent of Schools; election...............................................................................HB 1865 BAXLEY, CITY OF Homestead exemption - CA..............................................................................................HR 780 New charter.......................................................................................................................HB 1888 BEACHES AND SEASHORE; public beaches; lifeguards.......................................HB 1195 BEER (See Alcoholic Beverages) BEES Honeybees; counties and municipalities; prohibitions................................................HB 1590 BEN HILL COUNTY Fitzgerald-Ben Hill County Development Authority; powers ...................................HB 1850 Occupational taxes - CA....................................................................................................HR 586 BENSON, DONYELLE; commend .................................................................................HR 922 BERRYHILL, TONY; commend .....................................................................................HR 856 BIASIOTTO, DR. JUDSON LEO; commend..............................................................HR 611 BIBB COUNTY Alcoholic beverages; sales on Sundays .............................................................................SB 734 Refer to numerical index for page numbers 3452 INDEX BIBB COUNTY (Continued) Board of Education; property sales ..................................................................................SB 742 Board of Public Education and Orphanage; members' terms ...................................HB 1625 Commissioner districts.....................................................................................................HB 1731 Education Districts; composition ...................................................................................HB 1918 Macon-Bibb County Transit Authority; Director's bond...........................................HB 1277 Macon-Bibb County Water and Sewerage Authority; districts.................................HB 1732 Water and Sewerage Authority; insurance ...................................................................HB 1411 BICYCLES; highways, relocation of grates......................................................................HB 194 BIDS Counties and municipalities; purchases; commodities................................................HB 1771 MARTA; vehicle leases; without bidding......................................................................HB 1279 MARTA; vehicles; competitive bidding ........................................................................HB 1488 Motion pictures; blind bidding.......................................................................................HB 1213 Purchasing and bid procedures of DOAS Study Committee.......................................HR 406 BILLIARDS; licenses; issuance.......................................................................................HB 1107 BINGO Amend regulations..............................................................................................................HB 722 Excise tax; imposition......................................................................................................HB 1974 Excise tax; imposition........................................................................................................HR 920 BIRDS; "Bald Eagle Day"; designate June 20, 1982 ......................................................HR 688 BIRDSONG, HONORABLE KENNETH WILSON; commend ............................HR 803 BLASTING; underground gas pipes; requirements.........................................................SB 142 BLECKLEY COUNTY; Board of Education; election - CA.......................................HR 817 BLIND (See Disabled Persons) BLOEDOW, COOGAN RAY; in memory ......................................................................HR 914 BLOOD Clinical laboratories; amend provisions.........................................................................HB 1549 Post Mortem Exam Act; test for intoxicants ...............................................................HB 1299 Public employees; leave; blood platelet donation ........................................................HB 1419 BLOOMINGDALE, CITY OF; corporate limits ........................................................HB 1015 BLUE RIDGE JUDICIAL CIRCUIT; add judge....................................................HB 1572 BOARD OF REGENTS AND UNIVERSITY SYSTEM Central District Cooperative Extension Service; relocation.........................................HR 426 DeKalb Junior College; transfer to Board of Regents...................................................SB 757 Educational Accountability Sub-committee; University System Committee............HR 309 General Assembly service; University system member - CA.......................................HR 380 Georgia Southern College; urge designation as regional university ............................HR 355 High Technology Coordination Task Force; create.......................................................HR 788 Honorary degrees; request grant......................................................................................HR 266 Junior Colleges; payments to local authorities ............................................................HB 1696 Public Telecommunications Commission; create............................................................SB 124 Regents, Board of-University System; commend.........................................................HR 916 Residential Finance Authority; membership................................................................HB 1688 Teachers' Retirement System; employees of University System organization.....................................................................................................................HB 264 University System; teachers; articles and reports.........................................................HB 930 Refer to numerical index for page numbers INDEX 3453 BOATS Ad valorem tax; rate - CA.................................................................................................HR 205 Boating safety zones; certain dams................................................................................HB 1601 Boating violations; cash bond ...........................................................................................HB 717 Burglary; include vehicle or watercraft...........................................................................HB 115 House Boating Study Committee; create........................................................................HR 821 Professional water skier; amend Boat Safety Act .......................................................HB 1637 Sales tax; exempt boats ...................................................................................................HB 1608 BOGART, CITY OF; new charter..................................................................................HB 1486 BOILER VESSELS Boilers and pressure vessels; amend regulations............................................................SB 365 BOLT, MRS. KATHERINE SWITZER; commend ...................................................HR 865 BONDS Administrative Services; fiscal division; director's bond............................................HB 1413 Bail bond security; unlawful sale or disposal..................................................................SB 317 Congress, Memorialize; Mortgage Subsidy Bond Tax Act...........................................HR 975 Contracts by counties; bond requirements......................................................................SB 110 Coroners; bond requirements.............................................................................................SB 677 Criminal procedure; appeal bonds....................................................................................SB 588 Criminal procedure; appearance bonds; forfeiture......................................................HB 1636 Criminal procedure; bailable offenses ..............................................................................SB 481 Criminal procedure; bail; change provisions...................................................................HB 723 Criminal procedure; behavior bonds and peace bonds ...............................................HB 1659 Criminal procedure; bonds and recognizances; forfeiture .............................................SB 644 Criminal procedure; fees for bonds..................................................................................HB 689 Criminal procedure; fees for bonds................................................................................HB 1188 Criminal procedure; fees for bonds...................................................................................SB 482 Criminal procedure; misdemeanors; bond.........................................................................HB 44 Criminal procedure; victim restitution; bonds................................................................SB 461 Development Authorities Law; interest rate on bond ................................................HB 1249 Development Authorities Law; taxation .........................................................................HB 166 Livestock dealers and market operators; licensing.........................................................SB 735 New Constitution; amend; State debt.............................................................................HR 706 Professional bondsmen or runner; licensing .................................................................HB 1180 Public contracts; performance bonds ...............................................................................SB 678 Residential Finance Authority; bond ceiling...................................................................SB 550 Residential Finance Authority; membership; bond maximum..................................HB 1259 Residential Finance Authority; Secondary Market Corporation .................................SB 728 Revenue Bonds; counties and municipalities; interest ceiling......................................SB 523 Sheriffs; bonds; interest bearing accounts....................................................................HB 1384 Supplemental Appropriations; bonds; Fiscal Year ending June 30, 1982.................................................................................................................HB 1141 Traffic violations; cash bonds...........................................................................................HB 717 BOOTLE, HONORABLE WILLIAM A.; U.S. Senior District Judge.....................HR 556 BOWERS, ELYSE; recognize on 4-H Day......................................................................HR 552 BOXING COMMISSION, STATE; create.................................................................HB 1256 BRANTLEY COUNTY Certain officers; personnel..................................................................................................SB 691 Sheriff; personnel and equipment.....................................................................................SB 690 BREEDING, HONORABLE WILLIAM J.; commend..............................................SR 354 BREMEN, CITY OF; corporate limits..........................................................................HB 1837 Refer to numerical index for page numbers 3454 INDEX BRIDGES AND FERRIES Clem Holland Memorial Bridge; designate ....................................................................HR 593 Dr. McKee Hargrett Bridge; designate ...........................................................................HR 583 G.B."Dip" Lamkin Bridge; designate..............................................................................HR 590 Miller J. Grist Bridge; designate ......................................................................................HR 656 William Franklin Bloodworth, Jr. Bridge; designate ....................................................HR 755 William Franklin Bloodworth, Jr. Bridge; designate ....................................................HR 915 BRIDGES, DAVID; recognize on 4-H Day ....................................................................HR 550 BRIGHT, MRS. FRANCES; commend..........................................................................HR 654 BRINKLEY, HONORABLE JACK T. Commend.............................................................................................................................HR 768 Commend.............................................................................................................................HR 824 BROCK, MYRA; recognize on 4-H Day..........................................................................HR 547 BROOKS COUNTY Coroner; compensation.....................................................................................................HB 1862 Fire districts; tax levy......................................................................................................HB 1942 Probate court; traffic cases; disposition of costs..........................................................HB 1860 Revenue and taxation; population data........................................................................HB 1921 BROWN, BILL T.; condolences........................................................................................HR 652 BROWN, DR. LEE P.; commend.....................................................................................HR 869 BROWN, MISS MARTHA; commend ...........................................................................HR 896 BRUNSWICK, CITY OF Brunswick-Glynn County Charter Commission; extend.............................................HB 1690 Brunswick Port Authority; borrowing funds................................................................HB 1939 Glynn-Brunswick Hospital Authority; selection.............................................................SB 782 BRYAN COUNTY Board of Commissioners; election .....................................................................................SB 752 Industrial Development Authority; tax - CA..................................................................SR 333 Superintendent of Schools; appointment.........................................................................SB 753 Treasurer; abolish office .....................................................................................................SB 760 BRYNNER, YUL Commend.............................................................................................................................HR 843 Invite to House ...................................................................................................................HR 814 BUCK BELUE DAY; proclaim February 22, 1982.......................................................HR 661 BUCKLEY, LISA; recognize on 4-H Day.......................................................................HR 570 BUDGET Appropriations; certain percent; state's personal income - CA...................................HR 138 Atlanta, City of; grant; police protection........................................................................HB 147 Budget report; state retirement system ...........................................................................SB 396 Certain law schools; prohibit expenditure of public funds ........................................HB 1614 Community service programs; administration ................................................................SB 622 Democratic form of government; funds for promotion - CA.......................................HR 411 Development and maintenance of political institutions; funds - CA..........................SR'283 Education; funds for construction....................................................................................HB 522 Education; funds for construction ....................................................................................SB 253 Education; limitations on certain programs ...................................................................HB 387 Federal budgets; relative to congressional action ..........................................................HR 973 General Appropriations Act; FY 1982-1983..................................................................HB 1236 Refer to numerical index for page numbers INDEX 3455 BUDGET (Continued) General Assembly; bills; fiscal notes..............................................................................HB 1502 Municipalities; application for funds.............................................................................HB 1563 Pharmacy providers; share of appropriations; medical assistance...............................SR 315 Public debt; service limitation - CA..................................................................................HR 11 Revenue bills; increase funds for appropriations - CA.................................................HR 139 Revenue Shortfall Reserve; Midyear Adjustment Reserve ...........................................SB 663 State agencies; personal services; pay period ..................................................................SB 493 State buildings; funds for art..........................................................................................HB 1125 Supplemental Appropriations; bonds; certain facilities..............................................HB 1141 Supplemental Appropriations; FY 1980-1981 ....................................................................HB 2 Supplemental Appropriations; FY 1981-1982 ....................................................................HB 1 Supplemental Appropriations; FY 1981-1982 ..............................................................HB 1235 Supplemental Appropriations; FY 1981-1982 ..............................................................HB 1242 Supplemental Appropriations; FY ending June 30, 1983...........................................HB 1143 Supplemental Appropriations; G.B.I. Building; repeal ...............................................HB 1365 Supplemental Appropriations; Medicaid ......................................................................HB 1144 Supplemental Appropriations; Medicaid, Labor, Offender Rehabilitation.............HB 1142 BUICE, JEAN CULBERTSON; memoriam ................................................................HR 523 BUILDING AND LOAN ASSOCIATIONS (See Financial Institutions, Loans and Mortgages) BUILDINGS Accessible to handicapped.................................................................................................HB 120 Ad valorem tax; credit; sprinklers; certain buildings - CA ..........................................HR 274 Ad valorem tax; credit; sprinklers; certain buildings - CA ..........................................HR 275 Architects; approval of plans; cost of buildings .............................................................HB 425 Architects; approval of plans, etc.; engineers ...............................................................HB 1685 Building codes; enforcement ...........................................................................................HB 1218 Building permit; payment of costs.................................................................................HB 1682 Counties and municipalities; building permits; records .............................................HB 1444 Engineers; approval of plans..............................................................................................SB 617 Facade-conservation easements; certain property .......................................................HB 1638 Fire insurance rates; sprinklers ........................................................................................HB 857 Fire Sprinkler Act; new chapter.....................................................................................HB 1491 Industrialized buildings; health and safety standards...................................................SB 602 Municipal or county code enforcement official; Community Affairs Board...................................................................................................................HB 460 Public Building Authorities; create ..................................................................................SB 326 Public buildings; display national motto and flag.........................................................HB 856 State buildings; funds for art..........................................................................................HB 1125 State Capitol; assignment of space ..................................................................................HB 547 Voter registrations; public buildings..............................................................................HB 1410 BULLOCH COUNTY Commissioners; clerks' compensation............................................................................HB 1664 Probate judge; clerk's compensation..............................................................................HB 1665 Sheriff; employees' compensation ..................................................................................HB 1668 Small Claims Court ..........................................................................................................HB 1826 Superior Court Clerk; employees' compensation .........................................................HB 1667 Tax Commissioner; assistants' compensation...............................................................HB 1666 BURIAL Cemeteries; regulation......................................................................................................HB 1388 Crematoriums; regulation..................................................................................................HB 697 BURKE COUNTY Board of elections; population data...............................................................................HB 1872 Refer to numerical index for page numbers 3456 INDEX BURKE COUNTY (Continued) Certain district attorney's compensation ......................................................................HB 1785 Coroner; expense allowance.............................................................................................HB 1599 Small Claims Court ..........................................................................................................HB 1925 Small Claims Court; judge's compensation; fees and costs........................................HB 1967 BURRUSS, HONORABLE AL; commend....................................................................SR 348 BUSES MARTA; bus drivers; concealed weapons.....................................................................HB 1708 Motor carrier; exempt certain corporate van pools; elderly and handicapped transport............................................................................HB 1385 School bus drivers; health insurance .............................................................................HB 1119 School buses; definition...................................................................................................HB 1709 School buses; mileage computations...................................................................................SB 63 School buses; transportation of elderly and handicapped ............................................SB 758 BUTTS COUNTY Commissioners; terms ......................................................................................................HB 1945 Convey property..................................................................................................................HR 577 Convey property..................................................................................................................HR 658 BUYING SERVICES ACT; administration ................................................................HB 1519 BYNUM, MISS MARGARET; gifted program; recognize contributions.................HR 941 c C. L. MOSS PARKWAY; designate................................................................................HR 592 CABLE TELEVISION; Public Telecommunications Commission; create.................SB 124 CADENHEAD, HONORABLE CURTIS H., JR.; commend...................................SR 357 CAIRO, CITY OF; Recorder's Court; create.................................................................HB 1930 CAIRO HIGH SCHOOL SYRUPMAIDS BASKETBALL TEAM Commend .............................................................................................................................HR 851 CAIRO HIGH SCHOOL SYRUPMAKERS FOOTBALL TEAM Commend.............................................................................................................................HR 850 CALHOUN COUNTY; small claims court; jurisdiction................................................SB 366 CAMDEN COUNTY; homestead exemption - CA........................................................HR 640 CAMPAIGNS Campaign and Financial Disclosure; amend ...................................................................SB 236 Campaign and Financial Disclosure; General Assembly...............................................HB 891 Campaign and Financial Disclosure; repeal......................................................................HB 36 County offices; qualifying fees..........................................................................................HB 364 Election Code; unlawful campaign practices.....................................................................SB 92 Municipal elections; qualification fees ............................................................................HB 386 CAMPBELL HIGH SCHOOL BOYS BASKETBALL TEAM; commend.........HR 844 CANDLER COUNTY; alcoholic beverages; sales by drink.......................................HB 1432 CAPITAL PUNISHMENT Appeals; criminal cases; form ............................................................................................SB 607 Refer to numerical index for page numbers INDEX 3457 CAPITAL PUNISHMENT (Continued) Congress, Memorialize; death penalty legislation..........................................................HR 560 Criminal Procedure; sentence of death; notice ...............................................................SB 672 Execution site......................................................................................................................HB 417 Habeas corpus; contents of petition ..............................................................................HB 1598 Mistrial in sentencing ......................................................................................................HB 1167 Mobile death chamber ........................................................................................................SB 566 Life imprisonment without parole; provide sentence ....................................................SB 470 Murder against child; amend criminal procedure .........................................................HB 505 Murder against child; death penalty...............................................................................HB 506 Witnesses at executions......................................................................................................SB 162 CARMICHAEL, HOAGY; condolences ..........................................................................HR 911 CARRELL, HONORABLE BOBBY; commend...........................................................SR 349 CARROLL COUNTY; hazardous waste site..................................................................HB 922 CARTER, PRESIDENT JIMMY Great Park Authority; encourage Presidential Library................................................HR 246 CATOOSA COUNTY Hospital authority; vacancies..........................................................................................HB 1805 Sheriff; fiscal administration ..........................................................................................HB 1683 Tax commissioner; clerical help.....................................................................................HB 1910 CAVE SPRING, ROME, FLO YD COUNTY; relative to.........................................HR 904 CENTRAL OF TALBOTTON HIGH SCHOOL BOYS' BASKETBALL TEAM; commend ..............................................................................HR 862 CERTIFICATE OF NEED Consideration of underserved area ..................................................................................HB 927 Hospital facilities; exemption...........................................................................................HR 306 CERTIFICATE OF TITLE ACT Motor Vehicles; delivery of notice....................................................................................SB 125 Motor Vehicles; exclude certain trailer.........................................................................HB 1530 Motor Vehicles; from another state or country...........................................................HB 1548 Motor Vehicles; inspection of records..............................................................................SB 669 Motor Vehicles; "Rebuilt" stamp......................................................................................SB 696 Motor Vehicles; rebuilt vehicle; GBI inspection..........................................................HB 1459 Motor Vehicles; total loss claim.....................................................................................HB 1145 CERTIORARI; bail; change provisions............................................................................HB 723 CHAMBLEE, CITY OF; homestead exemption - CA...................................................SR 330 CHAMBLEE HIGH SCHOOL Football Team; commend..................................................................................................HR 723 Girls Cross-Country Team; commend.............................................................................HR 724 CHAPLAINS, PRAYER OFFERED BY Alston, Dr. C. Wayman ...................................................................................................Page 964 Barrett, Reverend Dick .......................................................................................................Page 1 Bauman, Dr. Larry A.........................................................................................................Page 96 Brady, Reverend Brad.......................................................................................................Page 32 Brown, Reverend Eugene..............................................................................................Page 1215 Brown, Reverend Matthew Southall...........................................................................Page 2754 Buice, Reverend Lester .................................................................................................Page 1001 Claytor, Reverend Robert.............................................................................................Page 2253 Culpepper, Reverend Wright........................................................................................Page 2473 Refer to numerical index for page numbers 3458 INDEX CHAPLAINS, PRAYER OFFERED BY (Continued) Dorris, Reverend Frank.................................................................................................Page 1058 Epstein, Dr. Harry H., Rabbi .........................................................................................Page 592 Franklin, Elder Ralph....................................................................................................Page 1380 Gilstrap, Reverend L. G.......................................................................Pages 48, 70, 1124, 1589 Greene, Reverend Carl.....................................................................................................Page 729 Hinson, Dr. William H....................................................................................................Page 646 Rammer, Reverend Alfred C..........................................................................................Page 690 Lane, Reverend L. C., Jr...............................................................................................Page 2067 Lang, Reverend Tom .....................................................................................................Page 1883 Lorenzen, Reverend Myles...................................................................................------Page 1960 McNeal, Reverend 0'Dean............................................................................................Page 1289 Merrion, Reverend Lucious ..........................................................................................Page 2176 Mims, Reverend Charles .................................................................................................Page 229 Moye, Reverend Bobby ...................................................................................................Page 772 Paulk, Dr. Earl P., Sr......................................................................................................Page 275 Perry, Reverend Jim ........................................................................................................Page 131 Price, Reverend Nelson L.............................................................................................Page 1689 Rape, Dr. Eddie M.............................................................................................................Page 76 Rayburn, Reverend Steve..................................................................................................Page 22 Rucker, Reverend William............................................................................................Page 2845 Thompson, Dr. James N.................................................................................................Page 249 Varnell, Dr. James C., Jr...............................................................................................Page 1167 Wilder, Dr. Garnett M...................................................................................................Page 3055 Withers, Reverend Harold ..............................................................................................Page 304 CHAPPELL, RUFUS; condolences .................................................................................HR 725 CHAPPELL, THOMAS; commend .................................................................................HR 945 CHARITIES AND CHARITABLE INSTITUTIONS Professional fund raising; additional exemption............................................................HB 956 Professional fund raising; false representation ............................................................HB 1055 State employees; payroll deductions; charities ...............................................................SB 703 State officials or employees; payroll deductions; charities.........................................HB 1422 CHARLTON COUNTY Quit-claim; certain property .............................................................................................HR 747 Tax commissioner; compensation...................................................................................HB 1504 CHATHAM COUNTY Alcoholic beverage sales; election days............................................................................HB 255 Board of elections...............................................................................................................HB 165 Board of elections; amend population...........................................................................HB 1531 Board of elections; repeal ..................................................................................................HB 400 Chatham Service Corporation; convey property............................................................HR 668 Commissioner districts.....................................................................................................HB 1320 Eastern Judicial Circuit; judge's salary...........................................................................HB 997 Heery-Dickey Youth Development Center; name .........................................................HR 545 Municipal court; judge's compensation...........................................................................HB 408 Probate court; clerk's salary............................................................................................HB 1717 Recorder's court; fees; law library..................................................................................HB 1894 Recorder's court; population figures..............................................................................HB 1784 Salary Overview Commission............................................................................................HB 826 Tax commissioner; compensation.....................................................................................HB 407 Savannah, City of-Chatham County; board of education ..........................................HB 1319 Savannah, City of-Chatham County; consolidation .......................................................SB 576 Savannah River; mineral lease; convey to Union Camp Corporation ........................HR 619 CHATTAHOOCHEE COUNTY; board of commissioners; compensation .............HB 1792 Refer to numerical index for page numbers INDEX 3459 CHATTAHOOCHEE JUDICIAL CIRCUIT Taylor County Superior Court; terms ...........................................................................HB 1360 CHATTOOGA COUNTY County commissioner; salary ..........................................................................................HB 1797 Local option sales tax; proceeds - CA.............................................................................HR 822 Property disposal; public auction...................................................................................HB 1689 CHECKS AND CHECKING ACCOUNTS; bad checks; penalties .......................HB 1559 CHEROKEE COUNTY Board of education; districts...........................................................................................HB 1701 Certain officers; compensation .......................................................................................HB 1858 Commissioner; compensation..........................................................................................HB 1653 CHEROKEE COUNTY WARRIORS BASKETBALL TEAM; commend .........HR 921 CHESTER, TOWN OF; corporate limits ......................................................................HB 1451 CHILD ABANDONMENT (See Abandonment and Minors) CHILD ABUSE (See Minors) CHIROPRACTORS Board of; termination.......................................................................................................HB 1223 Certain exemptions; college requirements .......................................................................SB 343 Juries; exemption.................................................................................................................SB 327 Scope of practice...............................................................................................................HB 1643 Sign health or death certificates ....................................................................................HB 1311 CITIZENS BAND RADIOS; license plates; citizens band radio stations .............HB 1529 CIVIL DEFENSE (See Emergencies and Emergency Services) CIVIL PRACTICE ACT Continuance; absence of attorney .....................................................................................SB 522 Court reporters; certification ............................................................................................HB 107 Depositions and discovery; exceptions ..........................................................................HB 1352 Dismissal; plaintiffs failure to prosecute........................................................................HB 883 Pretrial conference............................................................................................................HB 1186 Subpoenas; service ............................................................................................................HB 1140 Verdict and judgment; court render.................................................................................SB 505 CLARKE COUNTY Ad valorem tax; population data....................................................................................HB 1815 Alcoholic beverages; sales by drink................................................................................HB 1906 Hospital authority; members ..........................................................................................HB 1674 State Court; appeals; civil cases .....................................................................................HB 1673 State Court; judge; assistant solicitor............................................................................HB 1675 CLAXTON, CITY OF; amend charter .............................................................................SB 771 CLAYTON COUNTY Board of commissioners; chairman's compensation ....................................................HB 1647 Board of education; amend provisions ..........................................................................HB 1968 Certain officers; compensation .......................................................................................HB 1650 Civil Service Board; compensation ................................................................................HB 1645 Civil Service System; compensation ..............................................................................HB 1721 MARTA; sales tax ............................................................................................................HB 1522 Probate court; judge's compensation.............................................................................HB 1649 School taxes; deductions by tax officials ......................................................................HB 1700 State court; judges and solicitor; compensation ..........................................................HB 1651 Refer to numerical index for page numbers 3460 INDEX CLAYTON COUNTY (Continued) Tax commissioner and deputy; compensation .............................................................HB 1646 Water Authority; compensation .....................................................................................HB 1720 Water Authority; members; compensation ...................................................................HB 1648 CLEM HOLLAND MEMORIAL BRIDGE; designate.............................................HR 593 CLERK'S OFFICE LADIES; commend........................................................................HR 965 CLIMAX, CITY OF; mayor and council; terms...........................................................HB 1848 CLINICAL LABORATORIES Board membership .............................................................................................................HB 992 Licensing; exemption..........................................................................................................HB 890 Qualifications of membership .........................................................................................HB 1368 Specimen collection stations...........................................................................................HB 1549 CLUBS AND CLUB MEMBERSHIP Alcoholic beverages; private clubs; certain counties....................................................HB 1670 Alcoholic beverages; private clubs; Laurens County ...................................................HB 1483 COASTAL ZONES Darien, City of; Blessing of the Fleet; relative to..........................................................HR 950 Public beaches; lifeguards ...............................................................................................HB 1195 COBB COUNTY Ad valorem tax; due date................................................................................................HB 1926 Alcoholic beverages; Sunday and election day sales ......................................................SB 471 Board of commissioners; compensation.........................................................................HB 1027 Board of commissioners; election......................................................................................SB 659 Board of commissioners; meetings and duties .............................................................HB 1560 Board of education; location of meetings .....................................................................HB 1966 Board of health; add member.........................................................................................HB 1616 Civil Service Board; members.........................................................................................HB 1677 Cobb County-City of Marietta; local sales tax proceeds - CA....................................HR 410 Cobb County-Marietta Water Authority; vacancy......................................................HB 1913 Homestead exemption; education; elderly - CA............................................................HR 830 Justice of peace; vacancy - CA.........................................................................................HR 730 Local option sales tax; proceeds.......................................................................................HB 876 Local option sales tax; proceeds - CA.............................................................................HR 277 Poll officers; compensation..............................................................................................HB 1532 South Cobb Development Authority; create...................................................................SB 688 School security personnel; powers..................................................................................HB 1538 State Court; accusations ..................................................................................................HB 1727 State Court; add judge.....................................................................................................HB 1118 State Court; assistant solicitors......................................................................................HB 1753 State Court; chief deputy clerk; compensation............................................................HB 1552 State Court; costs..............................................................................................................HB 1672 State Court; magistrate....................................................................................................HB 1802 COBB JUDICIAL CIRCUIT Addjudge...........................................................................................................................HB 1087 District attorney; term - CA.............................................................................................HR 385 CODE OF PUBLIC TRANSPORTATION (See Transportation) CODE REVISION Division of Conservation; suits; repeal provision..............................................................SB 47 Forest Fire Protection Compact; membership..................................................................SB 46 Municipalities; street improvements; delete certain repealer provisions...........................................................................................................SB 717 Refer to numerical index for page numbers INDEX 3461 CODE REVISION (Continued) Official Code of Georgia Annotated; distribution......................................,.................HB 1162 Official Code of Georgia Annotated; editorial revision...............................................HB 1429 Official Code of Georgia Annotated; editorial revision..................................................SB 474 Suretyship and guaranty; abolish distinction.................................................................HB 108 Unfair Cigarette Sales Act; repeal ...................................................................................HB 110 COFFEE COUNTY; law library fund; fee ....................................................................HB 1595 COFFEE HIGH SCHOOL FOOTBALL TEAM; commend ....................................HR 677 COHN, HONORABLE AARON; commend..................................................................HR 863 COLLECTIONS OF LIFE & HERITAGE, INC.; commend....................................SR 301 COLLECTIVE BARGAINING MARTA; labor arbitration..................................................................................................HB 55 Teachers...............................................................................................................................HB 558 COLLEGE PARK, CITY OF Homestead exemption; elderly or disabled - CA...........................................................HR 701 COLLEGES AND UNIVERSITIES Campus police; public schools..........................................................................................HB 370 Certain law schools; prohibit expenditure of public funds ........................................HB 1614 Certain medical groups; commend...................................................................................HR 609 Chiropractors; certain exemptions; college requirements..............................................SB 343 DeKalb Junior College; transfer to Board of Regents...................................................SB 757 Georgia Southern College; urge designation as regional university............................HR 355 Honorary degrees; request grant......................................................................................HR 266 Income tax; setoff debt; GHEA.........................................................................................SB 543 Investments; certain corporations....................................................................................HB 485 Junior colleges; payments to local authorities .............................................................HB 1696 Mercer School of Medicine; commitment.......................................................................HR 207 Morehouse School of Medicine; reaffirm commitment.................................................HR 211 Morris Brown College Wolverine Basketball Team; commend...................................HR 766 Postsecondary education; out-of-state schools...............................................................HB 358 Regents, Board of and University System; commend...................................................HR 916 Southern Tech Basketball Team; commend ..................................................................HR 838 State Museum of Art; designate at University of Georgia...........................................HR 782 State Museum of Art; designate at University of Georgia............................................SR 331 Student Finance Authority; certain out-of-state grants...............................................HB 589 Student Finance Authority; grant eligibility ..................................................................HB 953 Student Incentive Grant program; proprietary schools..............................................HB 1238 University System; teachers; articles and reports .........................................................HB 930 COLLINS, CARL; commend.............................................................................................HR 744 COLLINS, HONORABLE MARCUS; commend........................................................SR 347 COLLINS, JENNI; commend...........................................................................................HR 757 COLQUITT COUNTY License tag; certain additional fee - CA.........................................................................HR 813 Local option tax; proceeds - CA.......................................................................................HR 779 Moultrie-Colquitt Development Authority; interest on bonds - CA..........................HR 634 COLQUITT, CARLTON; commend................................................................................HR 885 COLSON, MRS. PAT; commend.....................................................................................HR 686 COLUMBIA COUNTY Board of elections; population........................................................................................HB 1262 Refer to numerical index for page numbers 3462 INDEX COLUMBIA COUNTY (Continued) Coroner's compensation; population data.....................................................................HB 1962 Justices of the peace; jurisdiction - CA...........................................................................HR 622 COLUMBUS, CITY OF Columbus-Muscogee County; special grand juries ......................................................HB 1158 Convey property..................................................................................................................HR 341 Municipal court; certain officers; bonds........................................................................HB 1953 Muscogee County; public school employees; health insurance....................................HB 898 COMMERCE, CITY OF Jefferson-Commerce-Jackson County; school district.................................................HB 1919 COMMERCE HIGH SCHOOL FOOTBALL TEAM; commend ...........................HR 524 COMMISSIONS Agricultural Commodity Commissions; members' compensation ................................SB 529 Area Planning and Development Commission; boundaries .........................................HB 224 Boxing Commission, State; create..................................................................................HB 1256 Commission on State Growth; create ...............................................................................SB 601 Community Affairs, Department of; powers, etc.........................................................HB 1161 Environmental Facilities Study Commission; create .....................................................SR 346 Georgia Semiquincentenary Commission........................................................................HR 149 Health Services Cost Review Commission; enact ..........................................................HB 611 Life emergency; Commission to investigate........,...........................................................HB 565 Prison Study Commission; create ....................................................................................HR 541 State Commission on Legislative Compensation ...........................................................HR 264 State Racing Commission; create...................................................................................HB 1613 COMMITTEES Adequate Salaries for Teachers Study Committee; create...........................................HR 239 Administrative Law Judges; Joint Study Committee; create ......................................HR 752 Blue Ribbon Committee; study conduct elected officials; create................................HR 250 Career Consulting Service Joint Study Committee; create..........................................HR 745 Career Consulting Service Joint Study Committee; create...........................................SR 306 DMSO Study Committee; create .....................................................................................HR 457 Emergency Motorist Aid Study Committee; create ......................................................HR 276 Emergency Storm and Road Equipment Study Committee; create...........................HR 620 Enterprise Zones Study Committee; create....................................................................HR 776 Federal Programs Committee; create ..............................................................................HB 615 General Assembly; certain reports; distribution ..........................................................HB 1821 General Assembly committees; filling vacancies - CA...................................................SR 241 General Assembly Study Committee on Crime .............................................................HR 566 Georgia Water Resources Study Committee; create .....................................................HR 635 Handicapped Preschooler Study Committee; create.....................................................HR 238 Hazardous Drivers Study Committee; create..................................................................SR 274 Hazardous Waste Disposal Advisory Committee ..........................................................HR 157 Hazardous Waste Disposal Study Committee; create...................................................HR 815 Health Care Cost Containment Study Committee........................................................HR 228 High Technology Coordination Task Force; create.......................................................HR 788 Horse Racing and Breeding Study Committee; create .................................................HR 456 House Boating Study Committee; create........................................................................HR 821 House Custody of Suspended Students Committee; create.........................................HR 832 House Electric Utility Holding Company Study Committee ......................................HR 295 House Gasoline Marketing Study Committee................................................................HR 818 House Hazardous Waste Disposal Study Committee ...................................................HR 133 House Stop Drugs at the Source Committee; create ....................................................HR 697 House Study Committee on HB 1579; length of vehicles ............................................HR 829 Refer to numerical index for page numbers INDEX 3463 COMMITTEES (Continued) House Study Committee on Postsecondary Vocational-Technical Education Funding.........................................................................................................HR 728 House Study Committee on Suspension and Discipline in Schools...........................HR 292 House Study Committee on Vocational-Technical Education ....................................HR 337 Joint Children and Youth Study Committee; create.....................................................SR 171 Joint Committee on Farm Winery Laws; create............................................................HR 715 Joint Committee on Prime Agricultural Farmland........................................................SR 134 Joint Correctional Institution Study Committee ...........................................................SR 242 Joint Driver Improvement Clinic Study Committee .......................................................SR 17 Lake Sidney Lanier Study Committee; create...............................................................HR 564 Legislative Services Committee; powers..........................................................................HB 550 MARTA Overview Committee; date of repeal...............................................................HR 542 Medical Needs Study Committee; create........................................................................HR 336 Motor Vehicle Safety Inspection Study Committee; create.........................................SR 339 Penal System Joint Study Committee; create................................................................SR 342 Postsecondary Education Grant and Financial Assistance Committee .....................HR 773 Preference to Georgia Products Committee...................................................................HR 534 Public School Employees Health Insurance Committee; create.................................HR 900 Purchasing and Bid Procedures of DOAS Study Committee......................................HR 406 Reidsville Penitentiary Study Committee ........................................................................HR 20 School Finance Study Committee; create........................................................................SR 271 Select Committee on Constitutional Revision; extend - CA........................................HR 514 Services for the Aged Study Committee; create.............................................................SR 226 Special Study Committee on Mental Health; create .....................................................SR 228 State Housing Activities Study Committee....................................................................HR 820 State Housing Activities Study Committee; create.......................................................HR 501 State Lottery Study Committee; create ..........................................................................HR 638 State-wide Fire Protection Study Committee; membership........................................HR 533 Tax Credit for Family Support of Mentally Retarded, Handicapped, Elderly; create committee....................................................................HR 527 Telephone Solicitations Study Committee .....................................................................HR 104 Water Well Drilling Study Committee; create...............................................................HR 695 COMMON CARRIERS AND CONTRACT CARRIERS Common carrier; deliver wine.........................................................................................HB 1275 Common carrier; feed, livestock or poultry ..................................................................HB 1276 Common carrier; Public Service Commission; audits ...................................................HB 696 Common carrier; registration and identification .........................................................HB 1678 Contract carrier; hauling certain wood material..........................................................HB 1615 Motor carrier; exemption; van pools..............................................................................HB 1385 COMMUNICATIONS Fuller, Honorable Ken...................................................................................................Pages 3, 4 Governor ....................................................................................................................Pages 4, 5, 15 Secretary of State...........................................................................Pages 81, 269, 301, 590, 769, 1001, 1164, 1686, 2250, 2752, 3411 Speaker.............................................................................................................................Page 1213 Tidwell, Honorable Charles E............................................................................................Page 5 COMMUNITY AFFAIRS Area Planning and Development Commission; boundaries.........................................HB 224 Building permit; payment of costs.................................................................................HB 1682 Community Affairs, Department of; powers, etc.........................................................HB 1161 Community care for the elderly; provide.........................................................................SB 581 Community service programs; administration .............................................................HB 1543 Community service programs; administration ................................................................SB 622 Municipal-county code enforcement official; Community Affairs Board ..................HB 460 Refer to numerical index for page numbers 3464 INDEX COMPENSATION OF STATE OFFICIALS Amend ..................................................................................................................................HB 157 Amend..................................................................................................................................HB 158 Amend..................................................................................................................................HB 159 Amend.....................................................................................................................................SB 90 Amend ...................................................................................................................................SB 475 General Assembly; allowances...........................................................................................SB 491 State Commission on Legislative Compensation...........................................................HR 264 COMPENSATION RESOLUTIONS Bales, Jon; compensate ......................................................................................................HR 733 Best, Edward Singleton; compensate ..............................................................................HR 153 Bradley, John D.; compensate ..........................................................................................HR 528 Bradley, Margie D.; compensate ........................................................................................HR 79 Bramhall, Audrey; compensate.........................................................................................HR 159 Brinkley, Milton S.; compensate ......................................................................................HR 632 Burdick, Donald; compensate...........................................................................................HR 152 Butler, Erron Lamar; compensate....................................................................................HR 137 Carney, Richard B.; compensate ......................................................................................HR 731 Chambers, Hubert; compensate........................................................................................HR 160 Claims Advisory Board; payment...................................................................................HB 1291 Colley, William Elliot, Sr.; compensate...........................................................................HR 526 Collins, Sue H.; compensate..............................................................................................HR 253 Colwell, Larry William; compensate................................................................................HR 242 Cummings, J. B.; compensate...........................................................................................HR 518 Dickey, William; compensate..............................................................................................HR 27 Estes, Ruby Lee; compensate...........................................................................................HR 666 Georgia State Employees' Association, Inc.; compensate.............................................HR 107 Gordon, K. E.; compensate.................................................................................................HR 57 Heinicka, Richard J.; compensate....................................................................................HR 598 Hopkins, B. D.; compensate..............................................................................................HR 567 Hyatt, S. E.; compensate...................................................................................................HR 704 Jackson, Norman; compensate..........................................................................................HR 711 Jones, Charles R.; compensate..........................................................................................HR 616 Kampschroeder, Edward R.; compensate.......................................................................HR 272 Kersey, R. Paden; compensate.........................................................................................HR 667 Kinard, Bobby L.; compensate.........................................................................................HR 585 Leonard, Lucille; compensate...........................................................................................HR 565 Mann, Arthur; compensate ...............................................................................................HR 596 Mathis, Dr. John McKay; compensate............................................................................HR 734 McGuire, Hugh; compensate...............................................................................................HR 34 Miller, Chris; compensate..................................................................................................HR 244 Mitchell, Harold Morgan, Jr.; compensate.....................................................................HR 109 Moore, Clay N.; compensate...............................................................................................HR 43 Moore, Eunice L.; compensate .........................................................................................HR 529 Norsen, Jack L.; compensate............................................................................................HR 515 Odom, Patricia; compensate .............................................................................................HR 538 Olliff, William L.; compensate..........................................................................................HR 252 Powell, C. Lyn; compensate..............................................................................................HR 633 Reffner, Mary D.; compensate..........................................................................................HR 546 Salkin, Dora; compensate..................................................................................................HR 243 Scasso, Florence; compensate ...........................................................................................HR 637 Sikes, Linda A.; compensate.............................................................................................HR 331 Skaggs, Ruth P.; compensate............................................................................................HR 114 Skinner, Guy E.; compensate............................................................................................HR 732 Teague, William T.; compensate......................................................................................HR 191 Tri-Chek Seeds, Inc.; compensate......................................................................................HR 63 Tucker, Robert; compensate.............................................................................................HR 106 Refer to numerical index for page numbers INDEX 3465 COMPENSATION RESOLUTIONS (Continued) Walton, Dawn M.; compensate.........................................................................................HR 729 York, Willard N.; compensate ..........................................................................................HR 532 CONGRESS: MEMORIALIZE Apalachicola-Chattahoochee-Flint Rivers.......................................................................HR 674 Death penalty legislation...................................................................................................HR 560 Domestic automobile industry..........................................................................................HR 693 Federal budgets; relative to congressional action..........................................................HR 973 Federal judges; election .....................................................................................................HR 641 Federal judges; election......................................................................................................SR 275 Martha Berry stamp...........................................................................................................HR 749 Mortgage Subsidy Bond Tax Act.....................................................................................HR 975 National medal; Georgia's birthday.................................................................................HR 655 Thefts of controlled substances; prevention...................................................................HR 812 Warning; alcoholic beverage containers ..........................................................................HR 301 CONRAD, TED AND EDWARD; commend...............................................................HR 948 CONSERVATION AND CONSERVATION RANGERS Division of Conservation; suits; repeal provision..............................................................SB 47 Energy Research and Development Council; create....................................................HB 1390 Environmental Facilities Study Commission; create.....................................................SR 346 Facade and conservation easements; certain property...............................................HB 1638 Georgia Water Resources Study Committee; create.....................................................HR 635 Groundwater Use Act; exemptions ................................................................................HB 1110 Income tax; credit; expenditures for energy conservation............................................HB 435 Resource Conservation and Development Program; relative to..................................HR 976 Ride-Sharing Act; create....................................................................................................HB 731 Trammell, Ranger Susan; commend................................................................................HR 684 Water Quality Control Act; certain irrigation systems...............................................HB 1109 CONSTITUTION, STATE (See State Constitution) CONSTITUTION, U. S. (See United States Constitution) CONSTITUTIONAL AMENDMENTS (See Amendments to the Constitution) CONSUMER AFFAIRS Buying Services Act; administration .............................................................................HB 1519 Contracts; plain language...................................................................................................SB 313 Contracts; residential leases and consumer contracts; plain language..................................................................................................................HB 228 Deceptive practices; disclosure of certain tax information..........................................HB 768 Fair Business Practices; career consulting firms.........................................................HB 1820 Fair Business Practices; career consulting firms............................................................SB 747 Fair Business Practices; written complaints.................................................................HB 1258 Food Act; prices clearly marked.......................................................................................HB 646 Georgia Land Sales Act; enact........................................................................................HB 1102 Horses; slaughtering; prohibitions......................................................................................HB 12 Insurance; contracts; plain language.................................................................................SB 312 Kosher food; advertising.....................................................................................................SB 103 Meat Inspection Act; adulterated articles ....................................................................HB 1355 Motor fuel dispensers; provide certain other facilities...............................................HB 1726 Public utilities; cost of conversion.................................................................................HB 1400 Public utilities; prohibit advance billing...........................................................................HB 46 Real estate promotions; regulate.......................................................................................SB 661 Trade names; disclosure of business..................................................................................HB 98 CONTRACTORS Building permit; payment of costs.................................................................................HB 1682 Refer to numerical index for page numbers 3466 INDEX CONTRACTORS (Continued) Construction Industry Licensing Board; plumbers .......................................................HB 137 Construction Industry Licensing Board; plumbers .....................................................HB 1761 CONTRACTS Attorney's fees......................................................................................................................SB 286 Bankruptcy proceedings; notice ........................................................................................SB 346 Business; 7-day work week; void contract ........................................................................HB 43 Consideration; definition ...................................................................................................HB 105 Counties and municipalities; purchases; commodities................................................HB 1771 Counties; bond requirements .............................................................................................SB 110 Counties; retainage...........................................................................................................HB 1542 Farm equipment ..................................................................................................................SB 713 Georgia Arbitration Code for Construction Contracts....................................................HB 27 Insurance; plain language ...................................................................................................SB 312 MARTA; awarding contracts; compensation of directors ..........................................HB 1325 Performance and payment bonds; exemption.................................................................SB 678 Plain language......................................................................................................................SB 313 Residential leases and consumer contracts; plain language .........................................HB 228 State agencies; sovereign immunity ...............................................................................HB 1715 State agencies; sovereign immunity; waiver - CA...........................................................SR 340 State contracts; domestic steel .........................................................................................HB 214 Suretyship and guaranty; abolish distinction.................................................................HB 108 Tractors, farm equipment ..................................................................................................SB 468 Void when made by certain persons................................................................................HB 172 CONTROLLERS' CIVIC AND SOCIAL CLUB, INC.; commend .......................HR 852 COOK COUNTY; school superintendent; election.......................................................HB 1748 CORDELE, CITY OF Crisp County-Cordele Industrial Development Authority; membership - CA..........HR 597 CORDELE JUDICIAL CIRCUIT Cordele and Rome Judicial Circuits; number of judges .............................................HB 1719 CORLEY, ROBERT; commend ........................................................................................HR 759 CORONERS Bond requirements ..............................................................................................................SB 677 Coroners' jurors; compensation ........................................................................................HB 732 Lamar County; coroner's compensation; repeal certain act.......................................HB 1804 Medical Examiners, Board of; termination .....................................................................SB 561 Medical Examiners, Board of; termination .....................................................................SB 604 Official manual.....................................................................................................................SR 270 Post-Mortem Exam Act; coroners' juries; appeals .........................................................SB 749 Post-Mortem Exam Act; reports; fees...........................................................................HB 1849 Post-Mortem Exam Act; test for intoxicants...............................................................HB 1299 Post-Mortem Exam; state of emergency; related homicides......................................HB 1367 CORPORATIONS Ad valorem tax; freeport; exemption application ........................................................HB 1351 Amendments to articles .....................................................................................................HB 455 Corporate takeovers; certain enterprises.........................................................................HB 454 Corporate takeovers; confidentiality of records.............................................................HB 456 Execution of certain instruments.....................................................................................HB 371 Filing fees...........................................................................................................................HB 1706 Foreign corporations; registration; real property ...........................................................HB 813 Health Care Facilities; Authorities ..................................................................................HB 879 Income tax; corporations; library rental..........................................................................HB 824 Refer to numerical index for page numbers INDEX 3467 CORPORATIONS (Continued) Insurance Code; investments by certain corporations ..................................................HB 485 Multi-level distribution company; definition .................................................................HB 516 Public officials; influence actions.......................................................................................HB 99 Public Service Corporation fees; amount......................................................................HB 1509 Residential Finance Authority; amend; Secondary Market Corporation ...................SB 728 Taxation; financial institutions ......................................................................................HB 1126 Trade names; disclosure of business..................................................................................HB 98 Venue; actions .....................................................................................................................HB 630 Venue; actions .....................................................................................................................HB 881 Voting of shares; subsidiary ...............................................................................................SB 591 Workers' Compensation; corporate officers ..................................................................HB 1301 CORRECTIONS (See Prisons and Prisoners) COSMETOLOGY; definitions...........................................................................................HB 871 COUNTIES Ad valorem tax; delinquent taxpayers; publication ....................................................HB 1263 Ad valorem tax; education; local levy - CA....................................................................HR 664 Ad valorem tax; equalization; county digests..................................................................SB 613 Ad valorem tax; equalization; school tax digest...........................................................HB 1602 Ad valorem tax; levying procedures...............................................................................HB 1750 Ad valorem tax; mobile homes .........................................................................................HB 541 Ad valorem tax; notice of changes in return ..................................................................HB 321 Ad valorem tax; prepayment agreements .....................................................................HB 1375 Ad valorem tax; relative to General Assembly ..............................................................HR 659 Ad valorem tax; time for making returns .....................................................................HB 1424 Alcoholic beverages; excise taz.........................................................................................HB 743 Alcoholic beverages; sales by drink; retail license .......................................................HB 1398 Alcoholic beverages; sales on Christmas Day...............................................................HB 1752 Alcoholic beverages; sales on Sunday; time for certain referendum.........................HB 1906 APEG; required local support; determination.............................................................HB 1603 Area Planning and Development Commission; boundaries.........................................HB 224 Billiards; licenses; issuance..............................................................................................HB 1107 Bingo; excise tax; imposition............................................................................................HR 920 Boards of education and superintendents; certification.............................................HB 1641 Boards of education; suspended students; control......................................................HB 1658 Boards of elections.............................................................................................................HB 165 Boards of elections; certain counties .............................................................................HB 1779 Boards of elections; certain counties; population classification ................................HB 1825 Boards of elections; population classification .................................................................SB 741 Boards of equalization; alternate members..................................................................HB 1476 Boards of equalization; term; authority........................................................................HB 1282 Building permit; engineer; approval of plans..................................................................SB 617 Building permit; payment of costs.................................................................................HB 1682 Building permit; permanent records..............................................................................HB 1444 Capital punishment; execution site ................................................................................HB 417 Commissioners; compensation; certain counties..........................................................HB 1781 Community Affairs, Department of; powers and duties.............................................HB 1161 Community service programs; administration ................................................................SB 622 Contracts; bond requirements ...........................................................................................SB 110 Contracts; retainage..........................................................................................................HB 1542 Controlled substances; forfeitures; law enforcement uses .............................................SB 642 Coroners; bond requirements.............................................................................................SB 677 Coroners; official manual....................................................................................................SR 270 County jails; confinement during appeals.....................................................................HB 1337 County jails; overcrowding ..............................................................................................HB 1335 Refer to numerical index for page numbers 3468 INDEX COUNTIES (Continued) County jails; prisoners; medical costs............................................................................HB 1336 County jails; reimbursement; certain inmates..............................................................HB 1539 County jails; reimbursement for prisoners .....................................................................HB 529 County law library; use for funds ..................................................................................HB 1403 County police department; creation; referendum........................................................HB 1494 County roads; grates.............................................................................................................HB 65 County roads; notification of abandonment........-..........................................................HB 480 County roads; restrictions on vehicles...........................................................................HB 1692 Courts of Limited Jurisdiction Compensation Act; enact..........................................HB 1847 Death penalty; mobile death chamber .............................................................................SB 566 Designated felony; order for restrictive custody ..........................................................HB 1287 Development Authorities Law; contracts with director ..............................................HB 1249 Development Authorities Law; members per diem........................................................SB 140 Development Authorities Law; project defined ..............................................................SB 247 Development Authorities Law; research and development..........................................HB 907 Development Authorities Law; warehouses; certain prohibitions .............................HB 1676 Divorce and alimony; action for contempt ...................................................................HB 1446 Driver's license; revocation; county and municipal radar .............................................SB 599 Education; funds for construction....................................................................................HB 522 Education; funds for construction ....................................................................................SB 253 Education; study local systems; provision for special population...............................HR 335 Election Code; amend; registration card sent to municipality .....................................SB 689 Elections; certain terms; define ......................................................................................HB 1900 Elections; county and school board; district voting......................................................HB 843 Elections; county offices; qualifying fees........................................................................HB 364 Elections; list of electors; computer tape........................................................................HB 524 Elections; registrars; compensation................................................................................HB 1470 Elections; superintendents; copies of records...............................................................HB 1302 Employees' Retirement System; mandatory retirement; certain county probation system employees.................................................................HB 76 Employees' Retirement System; certain county probation system employees................................................................SB 548 Enterprise Zones Study Committee; create....................................................................HR 776 Fair Market Value; urge tax assessors to be diligent....................................................HR 977 Family and Children Services; lists of recipients ..........................................................HB 797 Family and Children Services; retention of records....................................................HB 1642 Family and Children Services; welfare program manuals..........................................HB 1695 Fines; additional penalties; peace officer training.........................................................HB 392 General Assembly; former member; credit in certain pension plans.............................SB 68 Grand juries; certain reports.............................................................................................HB 648 Habeas corpus; transfer to county of conviction ............................................................SB 578 Hazardous Waste Management; county permit.............................................................HB 627 Hazardous Waste Management; permits; elections.......................................................HB 388 Health Care Facilities; Authorities..................................................................................HB 879 Health Code; inspection warrants.....................................................................................SB 684 HomeRule...........................................................................................................................HB 803 Honeybees; prohibitions ..................................................................................................HB 1590 Hospital authorities; amend provisions...........................................................................HB 686 Hotels and motels; tax .......................................................................................................HB 742 Industrialized buildings; requirements.............................................................................SB 602 Judicial sales; official county organ; selection..............................................................HB 1086 Juries; certain compensation; county approval..............................................................HB 399 Law enforcement officers; minimum salaries ...............................................................HB 1723 Law Enforcement Officers Procedural Due Process.....................................................HB 404 Law enforcement officers; request help of Federal officers..........................................SB 709 License plates; decals.......................................................................................................HB 1354 Refer to numerical index for page numbers INDEX 3469 COUNTIES (Continued) License plates; decals; delete certain provisions.............................................................SB 489 License plates; lost decals................................................................................................HB 1528 License plates; purchase site.............................................................................................HB 833 License plates; purchase time; business vehicles ...........................................................HB 692 License tag agents; compensation..................................................................................HB 1716 Local development authorities; contracts with directors............................................HB 1308 Local government employee; elected to public office; leave ..........................................HB 52 Local government management; audits...........................................................................HB 573 Local option sales tax; revenue apportionment - CA .....................................................HR 29 Municipal-county code enforcement official; Community Affairs Board ..................HB 460 Municipal Election Code; registration card; sent to county .........................................SB 685 Nonlife insurance; taxation.............................................................................................HB 1763 Occupational tax; delinquent ............................................................................................HB 733 Occupational tax; levy - CA................................................................................................HR 26 Occupational tax; remove county limitation....................................................................HB 88 Open meetings; authorities; votes....................................................................................HB 526 Open meetings; limit exemptions.....................................................................................HB 316 Open meetings; public records........................................................................................HB 1562 Open meetings; state and local government; new chapter ............................................SB 683 Post-Mortem Exam Act; test for intoxicants ...............................................................HB 1299 Public contracts; performance bonds ...............................................................................SB 678 Public employees; leave; blood platelet donation........................................................HB 1419 Public Officers Recall; amend...........................................................................................HB 650 Public officials; recall..........................................................................................................SB 639 Public Utilities; franchises..............................................................................................HB 1278 Public Utilities; franchises; revenues - CA.....................................................................HR 618 Purchases; commodities...................................................................................................HB 1771 Revenue Bonds; interest ceiling........................................................................................SB 523 School superintendents; qualifications ............................................................................HB 248 Sentences; certain felonies; county jails...........................................................................SB 521 Sheriffs; charges against; investigations........................................................................HB 1345 Sheriffs; fees.........................................................................................................................SB 655 Sheriffs; minimum salaries.................................................................................................SB 528 State Growth Policy, Commission on; provide ...............................................................SB 601 Statewide Probation Act; county system.........................................................................SB 531 Superior court clerk; vacancies; not applicable to other county officers...............................................................................................................HB 1631 Tax assessors; maximum age..........................................................................................HB 1535 Tax assessors; periods for appeal.....................................................................................HB 770 Tax assessors; terms of office ...........................................................................................HB 608 Taxation; when collections paid to counties.................................................................HB 1115 Tax collectors and commissioners; minimum salaries ...................................................SB 552 Tax collectors and commissioners; training....................................................................HB 223 Tax executions; fees.........................................................................................................HB 1467 Tax exemption; certain hydroelectric generators - CA.................................................HR 537 Tax sales; notice to interest holders, etc.........................................................................SB 594 Teachers; demotion or nonrenewal of contract............................................................HB 1436 Timber sales; military installations; proceeds..............................................................HB 1474 Trial Judges and Solicitors Retirement; local fund....................................................HB 1300 Water and sewer contracts; escrow account.................................................................HB 1048 Workers' Compensation; certain funds; deposit ..........................................................HB 1034 Workers' Compensation; county employees and officers............................................HB 1654 COUNTIES AND COUNTY MATTERS (Also, see Named County) Appling County; commissioners; composition and selection......................................HB 1929 Bacon County; commissioners; membership ................................................................HB 1901 Baldwin County; alcoholic beverage sales........................................................................SB 248 Refer to numerical index for page numbers 3470 INDEX COUNTIES AND COUNTY MATTERS (Also, see Named County) (Continued) Baldwin County; convey property.....................................................................................SR 281 Baldwin County; convey property; J. P. Stevens Co.....................................................SR 229 Baldwin County; hazardous waste site - CA......................................................................HR 8 Baldwin County; small claims court.................................................................................SB 147 Banks County; Piedmont Judicial Circuit; supplement .............................................HB 1798 Banks County; tax commissioner; salary ......................................................................HB 1428 Banks County; tax returns; time....................................................................................HB 1743 Bartow County; board of education; compensation ....................................................HB 1864 Bartow County; board of education; term....................................................................HB 1866 Bartow County; convey property .....................................................................................HR 707 Bartow County; superintendent of schools; election...................................................HB 1865 Ben Hill County; Fitzgerald-Ben Hill Development Authority; powers ..................HB 1850 Ben Hill County; occupation taxes - CA ........................................................................HR 586 Bibb County; board of education; property sales ...........................................................SB 742 Bibb County; Board of Public Education and Orphanage; members' terms.............................................................................................................HB 1625 Bibb County; commissioner districts.............................................................................HB 1731 Bibb County; education districts; composition ............................................................HB 1918 Bibb County; Macon-Bibb County Transit Authority; Director's bond..................HB 1277 Bibb County; Macon-Bibb County Water and Sewerage Authority; districts........HB 1732 Bibb County; Water and Sewerage Authority; insurance ..........................................HB 1411 Bleckley County; board of education; election - CA.....................................................HR 817 Brantley County; certain officers; personnel...................................................................SB 691 Brantley County; sheriff; personnel and equipment......................................................SB 690 Brooks County; coroner; compensation.........................................................................HB 1862 Brooks County; fire districts; tax levy...........................................................................HB 1942 Brooks County; probate court; traffic cases; disposition of costs .............................HB 1860 Brooks County; revenue and taxation; population data.............................................HB 1921 Bryan County; board of commissioners; election ...........................................................SB 752 Bryan County Industrial Development Authority; tax - CA........................................SR 333 Bryan County; superintendent of schools; appointment...............................................SB 753 Bryan County; treasurer; abolish office ...........................................................................SB 760 Bulloch County; commissioners; clerk's compensation ...............................................HB 1664 Bulloch County; probate judge; clerk's compensation ................................................HB 1665 Bulloch County; sheriff; employees' compensation .....................................................HB 1668 Bulloch County; small claims court...............................................................................HB 1826 Bulloch County; superior court clerk; employees' compensation..............................HB 1667 Bulloch County; tax commissioner's assistants; compensation .................................HB 1666 Burke County; board of election; population data......................................................HB 1872 Burke County; certain district attorney's compensation............................................HB 1785 Burke County; coroner; expense allowance ..................................................................HB 1599 Burke County; small claims court..................................................................................HB 1925 Burke County; small claims court; judge's compensation; fees and costs.................................................................................................................HB 1967 Butts County; commissioners; terms .............................................................................HB 1945 Butts County; convey property ........................................................................................HR 577 Butts County; convey property........................................................................................HR 658 Calhoun County; small claims court; jurisdiction...........................................................SB 366 Camden County; homestead exemption - CA................................................................HR 640 Carroll County; hazardous waste site..............................................................................HB 922 Catoosa County; sheriff; fiscal administration.............................................................HB 1683 Catoosa County; tax commissioner; clerical help.........................................................HB 1910 Charlton County; quit-claim; certain property ..............................................................HR 747 Charlton County; tax commissioner; compensation ....................................................HB 1504 Chatham County; alcoholic beverage; sales on election days ......................................HB 255 Chatham County; board of elections ...............................................................................HB 165 Refer to numerical index for page numbers INDEX 3471 COUNTIES AND COUNTY MATTERS (Also, see Named County) (Continued) Chatham County; board of elections; population data...............................................HB 1531 Chatham County; board of elections; repeal ..................................................................HB 400 Chatham County; commissioner districts .....................................................................HB 1320 Chatham County; municipal court; judge's compensation...........................................HB 408 Chatham County; probate court; clerk's salary ...........................................................HB 1717 Chatham County; recorder's court; fees; law library...................................................HB 1894 Chatham County; recorder's court; population figures...............................................HB 1784 Chatham County; Salary Overview Commission ...........................................................HB 826 Chatham County; Savannah, City of; board of education .........................................HB 1319 Chatham County; Savannah, City of; consolidation ......................................................SB 576 Chatham County; tax commissioner; compensation......................................................HB 407 Chatham Service Corporation; convey property............................................................HR 668 Chattahoochee County; board of commissioners; compensation...............................HB 1792 Chattooga County; county commissioner; salary .........................................................HB 1797 Chattooga County; local option sales tax; proceeds - CA............................................HR 822 Chattooga County; property disposal; public auction.................................................HB 1689 Cherokee County; board of education; districts...........................................................HB 1701 Cherokee County; certain officers; compensation........................................................HB 1858 Cherokee County; commissioner; compensation..........................................................HB 1653 Clarke County; ad valorem tax; population data.........................................................HB 1815 Clarke County; alcoholic beverages; sales by drink.....................................................HB 1906 Clarke County; hospital authority; members...............................................................HB 1674 Clarke County State Court; appeals; civil cases..........................................................HB 1673 Clarke County State Court; judge; assistant solicitor .................................................HB 1675 Clayton County; board of commissioners; chairman's compensation .......................HB 1647 Clayton County; board of education; amend provisions.............................................HB 1968 Clayton County; certain officers; compensation..........................................................HB 1650 Clayton County Civil Service Board; compensation...................................................HB 1645 Clayton County Civil Service System; compensation.................................................HB 1721 Clayton County; probate court judge; compensation..................................................HB 1649 Clayton County; school taxes; deductions by tax officials .........................................HB 1700 Clayton County State Court; judges and solicitor; compensation ............................HB 1651 Clayton County; tax corhmissioner and deputy; compensation.................................HB 1646 Clayton County Water Authority; compensation ........................................................HB 1720 Clayton County Water Authority; members' compensation......................................HB 1648 Cobb County; ad valorem tax; due date .......................................................................HB 1926 Cobb County; alcoholic beverages; sales on Sundays and election days.....................SB 471 Cobb County; board of commissioners; compensation................................................HB 1027 Cobb County; board of commissioners; election.............................................................SB 659 Cobb County; board of education; location of meetings ............................................HB 1966 Cobb County; board of health; add member................................................................HB 1616 Cobb County-City of Marietta; local sales tax proceeds - CA....................................HR 410 Cobb County Civil Service Board; members................................................................HB 1677 Cobb County; commissioners; meetings and duties ....................................................HB 1560 Cobb County; homestead exemption; education; elderly - CA....................................HR 830 Cobb County; justice of peace; vacancy - CA................................................................HR 730 Cobb County; local option sales tax; proceeds...............................................................HB 876 Cobb County; local option sales tax; proceeds - CA.....................................................HR 277 Cobb County; school security personnel; powers.........................................................HB 1538 Cobb County State Court; accusations..........................................................................HB 1727 Cobb County State Court; add judge ............................................................................HB 1118 Cobb County State Court; assistant solicitors.............................................................HB 1753 Cobb County State Court; chief deputy clerk; compensation ...................................HB 1552 Cobb County State Court; costs.....................................................................................HB 1672 Cobb County State Court; magistrate...........................................................................HB 1802 Cobb County-Marietta Water Authority; vacancy ......................................................HB 1913 Refer to numerical index for page numbers 3472 INDEX COUNTIES AND COUNTY MATTERS (Also, see Named County) (Continued) Coffee County; law library fund; fee .............................................................................HB 1595 Colquitt County; license tag; certain additional fee - CA............................................HR 813 Colquitt County; local option tax; proceeds - CA .........................................................HR 779 Colquitt County; Moultrie-Colquitt Development Authority; bond interest - CA......................................................................................HR 634 Columbia County; board of elections; population .......................................................HB 1262 Columbia County; coroner's compensation; population data ....................................HB 1962 Columbia County; justices of the peace; jurisdiction - CA..........................................HR 622 Cook County; school superintendent; election .............................................................HB 1748 Coweta County State Court; judge; salary ....................................................................HB 1273 Crisp County-Cordele Industrial Development Authority; membership - CA..........HR 597 Crisp County; homestead exemption; elderly - CA.......................................................HR 573 Crisp County; small claims court; fees..........................................................................HB 1775 Dade County; commissioner; compensation .................................................................HB 1855 Dade County; commissioner; sales; personnel..............................................................HB 1810 Dade County; probate judge's employees; compensation...........................................HB 1806 Dade County; superior court clerk; deputies' compensation .....................................HB 1807 Dade County; tax commissioner's personnel; compensation......................................HB 1808 Dawson County; superior court clerk; probate court judge; certain salaries...............................................................................................................HB 1596 Decatur County; probate court judges..........................................................................HB 1246 Decatur County; small claims court; fees......................................................................HB 1271 DeKalb County; ad valorem tax; limitation - CA.........................................................HR 789 DeKalb County; board of commissioners; vacancies.....................................................HB 920 DeKalb County; board of education; districts ................................................................SB 729 DeKalb County; board of registrations and elections; appointment..........................HB 913 DeKalb County; commissioner districts; descriptions ................................................HB 1250 DeKalb County; commissioner districts; descriptions ...................................................SB 737 DeKalb County; convey property.....................................................................................HR 710 DeKalb County; DeKalb Community College; transfer University System...............SB 757 DeKalb County; governing authority; powers ................................................................HB 923 DeKalb County; homestead exemption; disabled - CA ................................................HR 793 DeKalb County; homestead exemption; elderly - CA...................................................HR 792 DeKalb County; justice courts - CA................................................................................HR 617 DeKalb County; probate court judge; nonpartisan election ......................................HB 1597 DeKalb County; recorder's court; deputy clerks..........................................................HB 1870 DeKalb County; school tax; commission for collection...............................................HB 1773 DeKalb County; sheriff; compensation .........................................................................HB 1112 DeKalb County; special service tax districts................................................................HB 1497 DeKalb County State Court; certain volunteer legal service.....................................HB 1555 DeKalb County State Court; dispossessory and garnishment ...................................HB 1245 DeKalb County State Court; terms...............................................................................HB 1899 Dodge County; certain offices; compensation ..............................................................HB 1931 Dooly County; commissioner districts .............................................................................HB 382 Dooly County; small claims court; jurisdiction...............................................................SB 700 Dougherty County; ad valorem tax; quarterly billing.................................................HB 1903 Dougherty County; board of commissioners; districts ................................................HB 1571 Dougherty County; board of commissioners; districts ................................................HB 1738 Dougherty County; board of education; election ...........................................................HB 504 Dougherty County; employees; election to office ..........................................................HB 557 Dougherty County; State Court; judge's compensation..............................................HB 1478 Douglas County; board of education; election districts ..............................................HB 1943 Douglas County-Douglasville Water Authority; sewer service.....................................HB 977 Douglas County; magistrate's court; create..................................................................HB 1944 Douglas County; Sheriff Earl Lee and staff; commend................................................HR 613 Early County; commissioners; compensation..................................................................SB 628 Refer to numerical index for page numbers INDEX 3473 COUNTIES AND COUNTY MATTERS (Also, see Named County) (Continued) Echols County; clerk's compensation; population data ..............................................HB 1863 Effingham County; homestead exemption; school tax - CA........................................HR 743 Effingham County State Court; judge and solicitor; salary.......................................HB 1524 Elbert County; certain officers; compensation.............................................................HB 1933 Elbert County; commissioners; chairman's compensation .........................................HB 1934 Elbert County; small claims court; jurisdiction and fees...........................................HB 1889 Elbert County; tax commissioner; compensation.........................................................HB 1932 Emanuel County; board of education; election............................................................HB 1959 Emanuel County Development Authority; interest limitation..................................HB 1851 Emanuel County; superior court clerk; compensation................................................HB 1949 Fayette County; small claims court; fees......................................................................HB 1487 Floyd County; juvenile court judge; election................................................................HB 1768 Floyd County; Rome, Cave Spring; relative to ..............................................................HR 904 Forsyth County; commissioners; purchases ..................................................................HB 1946 Franklin County; board of education; election ............................................................HB 1052 Franklin County; board of education; superintendent; referendum .........................HB 1751 Fulton County-Atlanta; ad valorem tax; urban enterprise zone - CA........................HR 774 Fulton County-Atlanta; certain ad valorem tax; exemption - CA ..............................HR 775 Fulton County; board of commissioners; chairman's selection..................................HB 1198 Fulton County; board of commissioners; compensation...............................................HB 534 Fulton County; board of commissioners; elections......................................................HB 1380 Fulton County; board of commissioners; Retirement Fund.........................................HB 533 Fulton County; board of education; election..................................................................HB 637 Fulton County; building authorities; redefine project ................................................HB 1707 Fulton County; building authority; General Assembly create - CA ...........................HR 718 Fulton County; Cabbagetown Historic District; ad valorem tax - CA........................SR 264 Fulton County-City of Atlanta; water and sewer system - CA ...................................HR 168 Fulton County; commissioner's compensation...............................................................,SB 165 Fulton County; county-wide library system .................................................................HB 1691 Fulton County; employees' pensions; employer payments...........................................HB 313 Fulton County; employees' pensions; prior service ........................................................SB 144 Fulton County Employees' Retirement Plan of 1981 ...................................................HB 532 Fulton County; Family and Children Services; pensions ...........................................HB 1303 Fulton County; governing authority; zoning - CA.........................................................HR 601 Fulton County; grants to certain municipalities; recreation - CA.................................SR 38 Fulton County; housing authority; membership.............................................................SB 197 Fulton County; Judges and Solicitors Retirement; amend........................................HB 1317 Fulton County; legal services.............................................................................................SB 263 Fulton County; neighborhood subunits; unincorporated area - CA ...........................HR 165 Fulton County Personnel Administration; amend.......................................................HB 1501 Fulton County; probate court; chief clerk; vacancies..................................................HB 1492 Fulton County; probate court; judges' compensation .................................................HB 1589 Fulton County; probate court judge; vacancy ..............................................................HB 1225 Fulton County; probate court judge; vacancy..............................................................HB 1769 Fulton County; probation; part of state-wide system....................................................SB 457 Fulton County; prohibit libraries; certain cities - CA ..................................................HR 158 Fulton County; public defender committee..................................................................HB 1840 Fulton County; special purpose grand juries ..................................................................SB 262 Fulton County; special service tax districts - CA..........................................................HR 382 Fulton County; superior court clerks; record storage ....................................................SB 446 Fulton County; tax assessors; arbitration .......................................................................HB 328 Fulton County; venue; state waiver of sovereign immunity ......................................HB 1715 Glynn County; board of commissioners........................................................................HB 1854 Glynn County; board of education; membership............................................................SB 781 Glyim County; Bnmswick-GfynJi County Charter Commission; extend..................HB 1690 Glynn County; convey property; Frederica River; Golden Isles Marina ....................SR 249 Refer to numerical index for page numbers 3474 INDEX COUNTIES AND COUNTY MATTERS (Also, see Named County) (Continued) Glynn County; Glynn-Brunswick Hospital Authority; selection..................................SB 782 Glynn County; juvenile court; judge's salary...................................................................SB 651 Glynn County; magistrate's court; deputy's compensation...........................................SB 780 Glynn County; ordinances; penalties - CA .....................................................................HR 748 Glynn County; sheriff; compensation ...............................................................................SB 692 Glynn County State Court; certain officers and personnel; compensation..............................................................................................HB 1920 Glynn County; superior court clerk; personnel; compensation.....................................SB 653 Glynn County; tax commissioner; compensation and personnel..................................SB 652 Gwinnett County; airport authority; vacancies...............................................................SB 636 Gwinnett County; board of commissioners; elections .................................................HB 1611 Gwinnett County; board of education; elections ............................................................SB 610 Gwinnett County; board of elections; population........................................................HB 1171 Gwinnett County Building Authority; vacancies .............................................................SB 637 Gwinnett County; certain offices; vacancies.................................................................HB 1170 Gwinnett County; commissioners; districts ..................................................................HB 1861 Gwinnett County; probate judge and sheriff; vacancy ...............................................HB 1169 Gwinnett County Public Facilities Authority; vacancies...............................................SB 634 Gwinnett County Recreation Authority; vacancies ........................................................SB 635 Gwinnett County; tax commissioner; filling vacancy ..................................................HB 1168 Gwinnett County Water and Sewerage Authority; vacancies.......................................SB 633 Habersham County; convey property...............................................................................SR 250 Habersham County; local option tax; allocation..........................................................HB 1463 Habersham County; local option tax; allocation - CA..................................................HR 591 Habersham County; tax commissioner ..........................................................................HB 1964 Hall County; Gainesville-Hall County Development Authority; powers .................HB 1111 Hall County State Court; judge and solicitor; compensation.......................................SB 458 Hancock County; board of commissioners; vacancies.................................................HB 1757 Hancock County; probate court judge; superior court clerk; compensation....................................................................................................................SB 547 Hancock County; sheriffs deputies; salaries ................................................................HB 1043 Hancock County; small claims court; costs .....................................................................SB 716 Hancock County; tax commissioner; compensation .......................................................SB 546 Haralson County; board of education; election............................................................HB 1799 Haralson County; board of education; election - CA.....................................................SR 165 Haralson County; commissioner; compensation...........................................................HB 1890 Haralson County; sheriff; compensation .......................................................................HB 1897 Harris County; ad valorem tax; assessment - CA..........................................................HR 819 Hart County; tax commissioner; salary .........................................................................HB 1740 Hart County; tax commissioner; salary ............................................................................SB 719 Heard County; small claims court; create.....................................................................HB 1859 Henry County; ad valorem tax; manufacturing establishments..................................HR 713 Henry County; board of commissioners; districts........................................................HB 1680 Henry County; county administrator; create................................................................HB 1710 Henry County Development Authority; members and officers .................................HB 1679 Henry County; homestead exemption - CA....................................................................SR 293 Henry County; homestead exemption; education; elderly and disabled - CA....................................................................................................................SR 292 Henry County; homestead exemption; elderly and disabled - CA ..............................SR 294 Henry County; small claims court; judge's election....................................................HB 1739 Henry County Water and Sewerage Authority; membership ....................................HB 1681 Houston County; ad valorem tax; schools; limitation - CA.........................................HR 700 Houston County; local option sales tax - CA.................................................................HR 699 Irwin County; commissioners; employees' salary .........................................................HB 1961 Irwin County; sheriff; deputies' compensation.............................................................HB 1960 Jackson County; ad valorem tax; time for return .......................................................HB 1698 Refer to numerical index for page numbers INDEX 3475 COUNTIES AND COUNTY MATTERS (Also, see Named County) (Continued) Jackson County; Jefferson-Commerce-Jackson County; school districts.................HB 1919 Jefferson County; ad valorem tax; discount - CA .........................................................HR 657 Jenkins County; small claims court; fees......................................................................HB 1629 Jones County; tax commissioner; amend ........................................................................HB 908 Lamar County; coroner; salary .......................................................................................HB 1662 Lamar County; coroner's compensation; repeal certain act.......................................HB 1804 Lamar County; tax commissioner; compensation ........................................................HB 1663 Lanier County; superior court clerk; salary ....................................................................HB 817 Laurens County; sheriff; compensation.........................................................................HB 1644 Laurens County; small claims court; law library funds..............................................HB 1782 Laurens County; tax commissioner; compensation .....................................................HB 1551 Lee County; board of elections; provide .......................................................................HB 1640 Liberty County; alcoholic beverages; sales by drink; population..............................HB 1896 Lincoln County; board of commissioners; chairman's compensation .......................HB 1705 Lincoln County; tax commissioner; compensation ......................................................HB 1795 Lowndes County; board of commissioners; selection ..................................................HB 1570 Lowndes County; board of elections; population data................................................HB 1822 Lowndes County; business licenses; unincorporated area - CA ..................................HR 670 Lowndes County; coroner's compensation; population data......................................HB 1823 Lowndes County; justice of the peace; jurisdiction - CA.............................................HR 669 Lowndes County; justice of the peace; jurisdiction - CA.............................................HR 777 Lowndes County; small claims court; jurisdiction.......................................................HB 1612 Lumpkin County; board of education; election ..............................................................SB 756 Lumpkin County; commissioner; compensation .............................................................SB 776 Lumpkin County; sheriff, compensation..........................................................................SB 778 Lumpkin County; superintendent of schools; appointment..........................................SB 755 Lumpkin County; superior court clerk and probate court judge; compensation ........................................................................................................SB 779 Lumpkin County; tax commissioner; compensation ......................................................SB 777 Macon County State Court; judge and solicitor; compensation................................HB 1938 Macon County State Court; judge and solicitor; compensation................................HB 1965 Marion County; commissioners; compensation............................................................HB 1928 Meriwether County; convey property to Easter Seal Society......................................HR 783 Meriwether County; convey property to Easter Seal Society.......................................SR 120 Meriwether County; justices of peace; jurisdiction - CA..............................................HR 636 Miller County; board members; compensation ............................................................HB 1304 Miller County; convey property .......................................................................................HR 536 Mitchell County; board of education; compensation ..................................................HB 1857 Mitchell County; 1% sales tax; education - CA............................................................HR 758 Mitchell County; small claims court; population data................................................HB 1813 Montgomery County; board of commissioners; member ............................................HB 1564 Morgan County; board of commissioners; election districts ......................................HB 1760 Morgan County; coroner; salary .....................................................................................HB 1758 Morgan County; small claims court; jurisdiction.........................................................HB 1759 Muscogee County; Columbus-Muscogee County; special grand juries.....................HB 1158 Muscogee County; public school employees; health insurance....................................HB 898 Newton County; board of education; compensation ...................................................HB 1877 Newton County; homestead exemption - CA.................................................................HR 753 Newton County; homestead exemptions; filing............................................................HB 1876 Newton County; probate court; jurisdiction.................................................................HB 1622 Oconee County Public Utility Authority; amend ..........................................................HB 647 Paulding County; ad valorem tax; education; exemption - CA....................................SR 266 Paulding County; tax commissioner; compensation....................................................HB 1891 Pickens County; commissioner; compensation.............................................................HB 1786 Pickens County; probate court judge; compensation..................................................HB 1789 Pickens County; sheriff; compensation .........................................................................HB 1790 Refer to numerical index for page numbers 3476 INDEX COUNTIES AND COUNTY MATTERS (Also, see Named County) (Continued) Pickens County; superior court clerk; compensation ..................................................HB 1787 Pickens County; tax commissioner; compensation......................................................HB 1788 Pierce County; board of education and superintendent; selection ...........................HB 1520 Pierce County; board of education; selection ...............................................................HB 1937 Pierce County; homestead exemption; elderly - CA .....................................................HR 639 Pike County; probate court judge; compensation........................................................HB 1883 Pike County; sheriffs compensation.............................................................................HB 1882 Pike County; small claims court; costs and fees..........................................................HB 1881 Pike County; superior court clerk; compensation........................................................HB 1886 Pike County; tax commissioner; compensation............................................................HB 1884 Polk County; board of commissioners; compensation.................................................HB 1879 Polk County; justices of peace; jurisdiction - CA...........................................................SR 267 Polk County; sheriff; deputies ...........................................................................................SB 631 Polk County State Court; abolish..................................................................................HB 1948 Polk County State Court; judge's compensation............................................................SB 431 Polk County; superior court clerk; compensation........................................................HB 1801 Pulaski County; board of education; election - CA.......................................................HR 816 Pulaski County-Hawkinsville Development Authority; membership .......................HB 1874 Pulaski County; school superintendent; appointment................................................HB 1927 Putnam County; commissioners; population data.......................................................HB 1839 Putnam County; coroner's compensation ........................................................................SB 611 Putnam County; hazardous waste site - CA.....................................................................HR 10 Putnam County; small claims court; create..................................................................HB 1434 Putnam County; small claims court; create.....................................................................SB 751 Putnam County; small claims court; repeal.................................................................HB 1184 Rabun County; sales tax; schools - CA............................................................................SR 309 Rabun County; tax commissioner; compensation...........................................................SB 773 Richmond County; board of commissioners; election.................................................HB 1917 Richmond County; certain officials; salaries................................................................HB 1537 Richmond County Civil Court; costs and fees.............................................................HB 1741 Richmond County; homestead exemption; education - CA...........................................HR 32 Richmond County Merit System Advisory Commission; create.................................HR 828 Richmond County; merit system; create - CA...............................................................HR 714 Richmond County; merit system; create - CA...............................................................HR 751 Richmond County; population brackets........................................................................HB 1230 Richmond County; sheriffs employees; merit system - CA.........................................HR 717 Richmond County; superior court; jury clerk...............................................................HB 1229 Rockdale County; commissioners; compensation.........................................................HB 1834 Rockdale County; coroner; compensation.....................................................................HB 1833 Rockdale County; magistrate's court; fees....................................................................HB 1914 Rockdale County; magistrate's court; fees....................................................................HB 1951 Rockdale County; probate court; judge's salary...........................................................HB 1831 Rockdale County; public defender; compensation.......................................................HB 1853 Rockdale County; sheriffs compensation.....................................................................HB 1832 Rockdale County; superior court clerks; salary............................................................HB 1835 Rockdale County; tax commissioner; salary.................................................................HB 1830 Schley County; justice of peace; jurisdiction - CA........................................................HR 698 Screven County; ad valorem tax; manufacturing establishments - CA......................HR 746 Seminole County; sheriff; compensation..........................................................................SB 630 Seminole County; superior court clerk; compensation ..................................................SB 629 Spalding County; board of education; districts ...........................................................HB 1940 Spalding County; certain public facilities - CA......................................................~.....HR 823 Spalding County; Griffin-Spalding County Board of Education; elections - CA..................................................................................................................HR 826 Spalding County; Griffin-Spalding County school system; Board of Education; election ..................................................................................................HB 1935 Refer to numerical index for page numbers INDEX 3477 COUNTIES AND COUNTY MATTERS (Also, see Named County) (Continued) Spalding County; small claims court .............................................................................HB 1852 Spalding County Water and Sewerage Facilities Authority; create .........................HB 1957 Stewart County; commissioner; compensation.............................................................HB 1416 Stewart County; deputy sheriff; compensation............................................................HB 1793 Sumter County; sheriff; salary ........................................................................................HB 1453 Sumter County; small claims court; judge; term.........................................................HB 1452 Sumter County; superior court terms............................................................................HB 1181 Sumter County; tax commissioner; compensation.......................................................HB 1454 Taylor County; probate court judge; personnel ...........................................................HB 1911 Taylor County; superior court clerk; personnel ...........................................................HB 1912 Telfair County; board of education; term........................................................................SB 775 Terrell County; small claims court; fees and costs......................................................HB 1443 Terrell County; tax commissioner; compensation........................................................HB 1623 Tift County-Tifton, City of; consolidation - CA............................................................HR 540 Toombs County Civil Defense Rescue Unit; commend................................................HR 606 Towns County; sales tax; education - CA........................................................................SR 321 Troup County; board of elections; provide...................................................................HB 1824 Troup County; certain officers; compensation .............................................................HB 1816 Troup County; coroner's salary ......................................................................................HB 1818 Troup County; small claims court; judge's salary .......................................................HB 1817 Troup County State Court; judge and solicitor; salary..............................................HB 1819 Twiggs County; board of commissioners; election.......................................................HB 1610 Twiggs County; board of education; election ...............................................................HB 1609 Twiggs County; commissioners; compensation.............................................................HB 1843 Twiggs County; probate court judge; compensation and personnel .........................HB 1845 Twiggs County; sheriff; compensation and personnel.................................................HB 1842 Twiggs County; superior court clerk; compensation and personnel .........................HB 1841 Twiggs County; tax commissioner; compensation and personnel .............................HB 1844 Union County; 1% sales tax; education - CA.................................................................SR 227 Union County; probate court judge; compensation.....................................................HB 1577 Union County; sheriff; compensation............................................................................HB 1578 Union County; superior court clerk; salary..................................................................HB 1576 Union County; tax commissioner; salary.......................................................................HB 1575 Upson County-City of Thomaston; joint tax assessors; term ....................................HB 1885 Upson County-City of Thomaston; tax assessors; term..............................................HB 1777 Upson County; commissioners; expenses......................................................................HB 1909 Upson County; Thomaston-Upson County Development Authority; project ...........HR 705 Walker County; commissioner; compensation..............................................................HB 1893 Walker County; small claims court; create...................................................................HB 1812 Walker County; superior court clerk's personnel; compensation ..............................HB 1809 Walton County; license fees; unincorporated area - CA...............................................HR 787 Walton County; small claims court; fees; law library .................................................HB 1856 Ware County; board of commissioners; compensation...............................................HB 1070 Ware County; certain officers; compensation...............................................................HB 1071 Ware County; convey property.........................................................................................HR 624 Ware County; county manager; create office - CA........................................................HR 563 Ware County; Hospital Authority; City of Waycross; convey property ...................HB 1902 Ware County; tax assessors; election...............................................................................HB 233 Warren County; board of commissioners; meetings ....................................................HB 1794 Warren County; superior court clerk; deputy's compensation ..................................HB 1963 Warren County; superior court; deputy clerk's compensation ..................................HB 1936 Warren County; tax commissioner; personnel compensation ....................................HB 1878 Washington County; board of commissioners; compensation; bids...........,..............HB 1713 Washington County State Court; judge and solicitor; compensation.......................HB 1712 Wayne County; board of commissioners; compensation.....................................,.......HB 1887 Wayne County; board of commissioners; election..........................................................SB 726 Refer to numerical index for page numbers 3478 INDEX COUNTIES AND COUNTY MATTERS (Also, see Named County) (Continued) Webster County; commissioner; salary..........................................................................HB 1417 Webster County; tax commissioner; salary...................................................................HB 1418 Wheeler County; board of education....................................................,........................HB 1569 Wheeler County; sheriff; employees' compensation ....................................................HB 1567 Wheeler County; superior court clerk; employees' compensation.............................HB 1566 Wheeler County; tax commissioner; compensation .....................................................HB 1568 Wheeler County; tax commissioner; employees' compensation.................................HB 1565 Wheeler County; treasurer; abolish..................................................................................HB 784 Whitfield County; ad valorem tax; limit increase - CA................................................HR 626 Whitfield County; board of elections; population data ..............................................HB 1800 Whitfield County; coroner's compensation......................................................................SB 770 Whitfield County; homestead exemption - CA..............................................................HR 625 Whitfield County; juvenile court; judge's term............................................................HB 1455 Whitfield County; merit system; create - CA.................................................................HR 671 Whitfield County; probate court; judge and clerk; salary.............................................SB 769 Wilcox County; sheriff; compensation...........................................................................HB 1477 Wilkes County; tax commissioner; fees...........................................................................HB 961 Wilkinson County; small claims court; judge..................................................................SB 658 Worth County; board of commissioners; districts.......................................................HB 1718 Worth County; sheriffs salary; population data..........................................................HB 1904 COUNTY BOARDS OF EDUCATION AND COUNTY SCHOOL SUPERINTENDENTS Boards of education; suspended students; control ......................................................HB 1658 Certification.......................................................................................................................HB 1641 County school superintendents; qualifications...............................................................HB 248 Daily meditation and pledge; urge voluntary participation.........................................HR 602 Immunization; reports; Human Resources....................................................................HB 1754 COUNTY BOARDS OF HEALTH Cobb County; Board of Health; add member..............................................................HB 1616 Health Code; inspection warrants.....................................................................................SB 684 COURT REPORTERS; certification...............................................................................HB 107 COURTS Abandonment; motor vehicles; affidavit fee....................................................................SB 623 Abandonment; motor vehicles; notification.....................................................................SB 595 Abortion; amend Chapter 26-12.......................................................................................HB 300 Accused on probation; discharge records......................................................................HB 1286 Actions; liability; certain firemen.................................................................,....................SB 251 Actions; limitations for torts; certain volunteer firemen............................................HB 1191 Administrative Law Judges; Joint Study Committee; create ......................................HR 752 Adoption; notice of termination; parental rights.............................................................HB 97 Aggravated assault; maximum penalty.............................................................................SB 227 Aggravated assault; penalty............................................................................................HB 1253 Alcovy Judicial Circuit; court reporter; salary................................................................SB 746 Ambulance services; medical advisers; liability ...............................................................HB 84 Appalachian Judicial Circuit; create................................................................................HB 880 Appeals; criminal cases; form ............................................................................................SB 607 Appeals; criminal cases; indigent client ........................................................................HB 1814 Appellate Procedure; failure to give jury instruction ....................................................SB 589 Assistant district attorneys; salary; prior service...........................................................HB 657 Atlantic Judicial Circuit; add judge..................................................................................SB 625 Attachment; amend.............................................................................................................SB 325 Attorney General; file action; Congressional Reapportionment..................................HR 742 Bail bond security; unlawful sale or disposal..................................................................SB 317 Bail; certain offenses; superior court judge .....................................................................SB 481 Refer to numerical index for page numbers INDEX 3479 COURTS (Continued) Blue Ridge Judicial Circuit; add judge .........................................................................HB 1572 Child abandonment; certain support...............................................................................HB 174 Child custody; reports and investigations.........................................................................HB 94 Children; cruel treatment; jurisdiction..............................................................................HB 48 Children; injuries; disciplinary measures ........................................................................HB 597 Child support information; parental kidnapping.........................................................HB 1406 Child support; public assistance; definitions................................................................HB 1408 Child support receiver; amend provisions .......................................................................SB 315 Child support; unemployment compensation...............................................................HB 1407 Civil Practice Act; continuance; absence of attorney.....................................................SB 522 Civil Practice Act; dismissal; plaintiffs failure to prosecute.......................................HB 883 Civil Practice Act; pretrial conference ..........................................................................HB 1186 Civil Practice Act; verdict and judgment; court render ................................................SB 505 Cobb Judicial Circuit; add judge....................................................................................HB 1087 Cobb Judicial Circuit; district attorney; term - CA......................................................HR 385 Condemnation; guardian ad litem appointment..........................................................HB 1699 Congress, Memorialize; Federal judges; election............................................................HR 641 Contracts; bankruptcy proceedings; notice......................................................................SB 346 Controlled substances; bail violations; penalties .........................................................HB 1383 Controlled substances; counterfeit substance..............................'.................................HB 1349 Controlled substances; forfeited property; uses..............................................................SB 642 Controlled substances; forfeiture of property ..............................................................HB 1210 Controlled substances; methaqualone ...........................................................................HB 1435 Controlled substances; unlawful to use communication facility ...............................HB 1283 Cordele and Rome Judicial Circuits; number of judges.............................................HB 1719 Corporations; filing fees...................................................................................................HB 1706 Corporations; venue; actions .............................................................................................HB 630 Corporations; venue; actions .............................................................................................HB 881 Court reporters; certification ............................................................................................HB 107 Courts of Limited Jurisdiction Compensation Act; enact..........................................HB 1847 Courts of Limited Jurisdiction; compensation of judges...............................................SB 763 Crime Information Center; career criminal..................................................................HB 1284 Criminal cases; appeal bonds.............................................................................................SB 588 Criminal cases; call of docket.........................................................................................HB 1370 Criminal feticide; new Code Chapter ............................................................................HB 1224 Criminal Justice; public defender; practice criminal law...........................................HB 1729 Criminal Procedure; appearance bonds; forfeiture......................................................HB 1636 Criminal Procedure; bail; change provisions ..................................................................HB 723 Criminal Procedure; behavior bond and peace bond..................................................HB 1659 Criminal Procedure; bonds and recognizances; forfeiture.............................................SB 644 Criminal Procedure; bonds; fees.......................................................................................HB 689 Criminal Procedure; bonds; fees.....................................................................................HB 1188 Criminal Procedure; bonds; fees........................................................................................SB 482 Criminal Procedure; confinement at residence...............................................................SB 182 Criminal Procedure; demand for trial; notice .................................................................SB 121 Criminal Procedure; demand for trial; service .............................................................HB 1582 Criminal Procedure; insanity plea..................................................................................HB 1173 Criminal Procedure; insanity plea; guilty but mentally ill ........................................HB 1290 Criminal Procedure; insanity pleas...................................................................................SB 571 Criminal Procedure; misdemeanors; bond........................................................................HB 44 Criminal Procedure; sentence of death; notice ...............................................................SB 672 Criminal Procedure; sentence review; inapplicability....................................................SB 538 Criminal Procedure; victim restitution; bonds................................................................SB 461 Death penalty; mistrial in sentencing............................................................................HB 1167 Death penalty; mobile death chamber .............................................................................SB 566 Death penalty; witnesses at execution .............................................................................SB 162 Refer to numerical index for page numbers 3480 INDEX COURTS (Continued) Deeds; master forms; recording ......................................................................................HB 1329 Delinquency of minor; contributing to..........................................................................HB 1323 Depositions and discovery; filing requirements ...........................................................HB 1352 Designated felony; order for restrictive custody..........................................................HB 1287 Determinate sentence; judge's authority.......................................................................HB 1149 Discovery; oral testimony from written scientific report ..............................................SB 580 Disposition of seized property; return to owner .............................................................SB 572 District attorneys; investigators........................................................................................HB 512 District attorneys; staff compensation; certain prior service.....................................HB 1344 Division of Conservation; suits; repeal provision..............................................................SB 47 Divorce and alimony; action for contempt...................................................................HB 1446 Divorce and alimony; service as homemaker....................................................................HB 20 Divorce; desertion; physical or mental cruelty..........................................,......................HB 21 Divorce; equitable property distribution.......................................................................HB 1466 Divorce; equitable property division..............................................................................HB 1176 Divorce; final decree.........................................................................................................HB 1469 Divorce; modification of permanent alimony ...............................................................HB 1177 Divorce; nonresident jurisdiction .....................................................................................HB 530 Divorce; property division ...............................................................................................HB 1561 Divorce; time of granting decree ....................................................................................HB 1203 Domestic relations; agreement alternative to litigation..............................................HB 1747 Driver improvement course; DUI; nolo contendere.......................................................HB 390 Driver's license; habitual violator; homicide by vehicle ................................................SB 699 Driving under the influence; allowing person to drive ...............................................HB 1880 Driving under the influence; nolo contendere; drug or alcohol program.................HB 1431 Driving under the influence; penalties ..........................................................................HB 1376 Driving under the influence; penalties.............................................................................SB 559 Drug abuse information; teachers; liability for actions ..............................................HB 1508 Drugs; chemists' evidence; certain cases .........................................................................HB 779 Drugs; forfeiture of certain property; notice ...................................................................SB 598 Drugs, trafficking; penalties; methaqualone....................................................................SB 479 Dublin Judicial Circuit; grand juries.............................................................................HB 1197 Eastern Judicial Circuit; judge's salary...........................................................................HB 997 Estates; election against will of spouse...........................................................................HB 995 Estates, Intestate; spouse and children...........................................................................HB 994 Estates of Deceased or Absent Persons; new Code.....................................................HB 1113 Estates; year's support; limitation ...................................................................................HB 735 Evidence; alibi as defense................................................................................................HB 1187 Evidence; facts discovered by confession........................................................................HB 100 Evidence; husband and wife; certain testimony..........................................................HB 1838 Evidence; municipal ordinances; judicial notice..........................................................HB 1297 Evidence; physical custody; clerk of court.......................................................................SB 524 Evidence; witness' personal knowledge............................................................................SB 119 Executive Probate Judges Council; create.......................................................................SB 567 Family violence; authorize therapy or counseling.........................................................HB 993 Federal law enforcement officers; liability....................................................................HB 1493 Felonies; possession of firearms or knife.......................................................................HB 1333 Felonies, three or more; prohibit pardon - CA..............................................................HR 535 First offenders; confinement..............................................................................................SB 579 Gambling; seizure of certain property; notice.................................................................SB 597 Game and Fish; night hunting; seizure of property.......................................................SB 596 Garnishment, continuing; answer to summons...............................................................SB 539 Garnishment; out-of-state judgments................................................................................HB 25 Grand juries; public officials; ineligible to serve............................................................HB 823 Grand jurors; expense allowance....................................................................................HB 1371 Grandparents; visitation rights.........................................................................................HB 140 Refer to numerical index for page numbers INDEX 3481 COURTS (Continued) Grandparents; visitation rights.........................................................................................HB 329 Griffin Judicial Circuit; judges and district attorneys; salary ...................................HB 1947 Guardian and Ward; amend Code Title .......................................................................HB 1461 Guardians; commissions and compensation .................................................................HB 1105 Guardians; physicians in federal medical facility........................................................HB 1547 Gwinnett Judicial Circuit; four judges..........................................................................HB 1172 Habeas corpus; contents of petition ..............................................................................HB 1598 Habeas corpus; relief from court sentences....................................................................HB 931 Habeas corpus; transfer to county of conviction............................................................SB 578 Husband and wife; surname............................................................................................HB 1281 Indigence; affidavits.........................................................................................................HB 1327 Intangible recording tax; refund; note rescinded.........................................................HB 1255 Judges; retirement benefits; surviving spouses.................................................................SB 60 Judicial Circuits; chief judge; distribution of reports, Session Laws and Journals.............................................................................HB 629 Judicial sales; licensed auctioneers; fees.......................................................................HB 1298 Judicial sales; official county organ; selection..............................................................HB 1086 Juries; administration of oath.........................................................................................HB 1192 Juries; certain compensation; county approval..............................................................HB 399 Juries; challenges; certain criminal trial.......................................................................HB 1514 Juries; criminal trials; equal strikes...............................................................................HB 1146 Juries; criminal trials; strikes..........................................................................................HB 1226 Juries; elderly; removal.......................................................................................................SB 311 Juries; exemption; chiropractors .......................................................................................SB 327 Juries; summoning; time....................................................................................................HB 106 Jury commissioners; compensation................................................................................HB 1776 Justice Courts Training Council; exemption..................................................................HB 781 Justice Courts Training Council; justice of the peace emeritus....................................HB 28 Justices of the peace; certain fees....................................................................................HB 728 Justices of the peace; exclude practicing attorney.........................................................SB 199 Juvenile Code; abused children........................................................................................HB 394 Juvenile Code; amend.............................................................................................................SB 4 Juvenile Code; delinquent acts; disposition..................................................................HB 1873 Juvenile Code; designated felony; definition..................................................................HB 610 Juvenile Code; jurisdiction; certain children over 17 years ..........................................SB 727 Juvenile Code; license suspension..................................................................................HB 1778 Juvenile Code; truancy; delinquent act...........................................................................HB 773 Kidnapping; interference with custody; 16 years ........................................................HB 1324 Labor Department; Correctional Services Division........................................................SB 714 Landlord and Tenant; dispossessory affidavits............................................................HB 1730 Landlord and Tenant; dispossessory and distress warrants......................................HB 1558 Landlord and Tenant; payment of rent into court.......................................................HB 644 Landlord and Tenant; tenants' obligations after eviction..........................................HB 1138 Landlord and Tenant; tender of money as defense to dispossessory action......................................................................................................HB 1139 Law enforcement officers; court attendance; compensation......................................HB 1358 Life imprisonment; certain crimes; serve 25 years - CA..............................................HR 623 Life imprisonment; prohibit parole; certain crimes .......................................................SB 470 Lookout Mountain Judicial Circuit; court reporter's salary......................................HB 1811 Magistrate Courts; establish ...........................................................................................HB 1604 Marriage; retired probate judges perform.....................................................................HB 1254 Mechanics' and materialmen's liens; amend provisions...............................................HB 767 Mechanics' and materialmen's liens; executed under oath...........................................SB 646 Minors; aiding or abetting in crime...............................................................................HB 1221 Minors; crime investigations; fingerprints .....................................................................HB 1285 Minors; distribution of obscene materials to ..................................................................SB 511 Refer to numerical index for page numbers 3482 INDEX COURTS (Continued) Minors; distribution or sale to; certain materials........................................................HB 1473 Minors; malicious acts; liability......................................................................................HB 1605 Minors; property damage; parents' liability.................................................................HB 1450 Motor vehicles; abandonment; affidavit fee.................................................................HB 1498 Motor vehicles; ordinary care for passengers ...............................................................HB 1485 Mountain Judicial Circuit; investigator; compensation ..............................................HB 1097 Murder against child; amend criminal procedure .........................................................HB 505 Murder against child; death penalty ...............................................................................HB 506 New Constitution; courts in certain counties..................................................................SR<>244 Notaries public; seal.........................................................................................................HB 1421 Nuisance abatement; order venue....................................................................................HB 111 Pardons and Paroles; certain crimes; prohibit pardon, etc. - CA...............................HR 561 Piedmont Judicial Circuit; judge's compensation........................................................HB 1766 Prisoners; alternative sentences; public work...............................................................HB 1326 Prisoners; earned time; accrue after final sentencing ....................................................SB 585 Probate Courts; combine certain records.........................................................................SB 582 Probate Courts; disqualification of judge ........................................................................SB 285 Probate Courts; judges; courts of inquiry........................................................................SB 701 Probate Courts; judges; training .......................................................................................SB 564 Probate Courts; powers and duties................................................................................HB 1724 Probation; community service ...........................................................................................SB 503 Probation; Controlled Substances Act violation.............................................................SB 720 Probation; prior to adjudication of guilt.........................................................................HB 240 Probation; special alternative incarceration .................................................................HB 1348 Professional bondsmen or runners; licensing ...............................................................HB 1180 Property; exemptions from processes to collect debts................................................HB 1132 Property seizure; disposition to rightful owner............................................................HB 1240 Property; tax sale; notice of warranty deed .................................................................HB 1774 Property; title by prescription; husband and wife ........................................................HB 304 Public records; access; certain penalties ..........................................................................SB 693 Racketeer Influenced and Corrupt Organizations (RICO); amend.............................HB 813 Railroad employees; injuries; venue.................................................................................HB 355 Railroad employees; injuries; venue.................................................................................HB 389 Railroad employees; injuries; venue..................................................................................SB 184 Real estate promotions; regulate.......................................................................................SB 661 Rockdale Judicial Circuit; create ...................................................................................HB 1359 Rome Judicial Circuit; grand jury..................................................................................HB 1296 Sentences; certain felonies; county jails ...........................................................................SB 521 Sentences; offenses committed while awaiting trial ......................................................HB 484 Serious traffic offenses; penalties.....................................................................................HB 580 Sexual crimes; judge suspend or probate sentence ........................................................SB 574 Sexual offenses; remove sexual designation..................................................................HB 1405 Sheriffs; bonds; interest bearing accounts ....................................................................HB 1384 Sheriffs; fees .........................................................................................................................SB 655 Shoplifting; taking into custody.......................................................................................HB 361 Special Investigative Grand Jury; state-wide jurisdiction.............................................SB 467 State agencies; sovereign immunity...............................................................................HB 1715 State agencies; sovereign immunity - CA........................................................................SR 340 State Courts; judges; minimum salaries........................................................................HB 1734 State Courts; retired judges; marriage ceremonies.........................................................SB 624 State Courts; solicitors; minimum salaries ...................................................................HB 1733 Stone Mountain Judicial Circuit; change name...........................................................HB 1617 Subpoenas; issuance...........................................................................................................HB 373 Subpoenas; service............................................................................................................HB 1140 Superior Court clerks; civil cases; fees..........................................................................HB 1309 Superior Court clerks; continuation of salary; certain abolishment .........................HB 1714 Refer to numerical index (or page numbers INDEX 3483 COURTS (Continued) Superior Court clerks; election, etc...................................................................................SB 150 Superior Courts; appeals from inferior courts; certain cases.....................................HB 1510 Superior Courts; contempt; punishment.......................................................................HB 1328 Superior Courts; fees; financing statements .................................................................HB 1634 Superior Courts; judges; secretaries' compensation.....................................................HB 1293 Superior Courts; number of jurors - CA.........................................................................HR 112 Superior Courts; senior judges; law practice ................................................................HB 1190 Supreme Court and Court of Appeals; publisher maintain reports .........................HB 1783 Supreme Court and Court of Appeals; reports distribution ........................................HB 628 Supreme Court; rules of unified appeal..........................................................................HR 140 Tax executions; minimum fees.......................................................................................HB 1536 Tax sales; notice to interest holders, etc.........................................................................SB 594 Torts; accidents with compressed gas ................................................................................SB 83 Torts; liability; animal owners...........................................................................................SB 318 Torts; motor vehicles; due care to passengers.................................................................SB 608 Torts; wrongful death; punitive damages .....................................................................HB 1684 Traffic violations; cash bonds...........................................................................................HB 717 Transportation, Department of; acquisition of property................................................HB 96 Trusts; investments by order of Probate Court.............................................................HB 156 Victims of crime; report of disposition of arrest.........................................................HB 1735 Victims of crime; restitution...........................................................................................HB 1369 Violent crimes; pardon or parole; recommendation of mercy - CA............................HR 539 Weapons; possession; felons............................................................................................HB 1585 Wiretapping; controlled substances; investigations.....................................................HB 1175 COVINGTON, CITY OF Ad valorem taxes; homestead exemption - CA..............................................................HR 594 Cable TV; referendum.....................................................................................................HB 1471 COWETA COUNTY; state court; judge; salary...........................................................HB 1273 CRAWFORD AVENUE BAPTIST CHURCH; commend.......................................HR 848 CRAWFORD COUNTY HIGH SCHOOL BASKETBALL TEAM Commend.............................................................................................................................HR 870 CREDIT AND CREDIT UNIONS (Also, see Financial Institutions) Credit Transaction Code; enact......................................................................................HB 1135 Financial institutions; certain currency transactions; reports......................................SB 480 Health insurance; proceeds exempt from creditors.......................................................HB 191 State chartered credit unions; interest..........................................................................HB 1533 CRIME INFORMATION CENTER Accused on probation; discharge records......................................................................HB 1286 Career criminal..................................................................................................................HB 1284 CRIMES AND PUNISHMENT (Also, see Courts) Abortion; amend Chapter 26-12.......................................................................................HB 300 Abortion; certain notice...................................................................................................HB 1131 Accused on probation; discharge records......................................................................HB 1286 Aggravated assault; maximum penalty.............................................................................SB 227 Aggravated assault; penalty............................................................................................HB 1155 Aggravated assault; penalty............................................................................................HB 1253 Alcoholic beverage; providing to underage persons; penalty.....................................HB 1545 Alcoholic beverages; sales en premises; prohibit certain comkict................................SB 656 Anti-terrorism Task Force; create in GBI....................................................................HB 1827 Appeals; criminal cases; indigent client........................................................................HB 1814 Armed robbery; sentence....................................................................................................HB 640 Bad-ehecbe; penlie.......^........^...................................................................................HB 1559 toMMimerical index for pgt 3484 INDEX CRIMES AND PUNISHMENT (Also, see Courts) (Continued) Bail bond security; unlawful sale or disposal..................................................................SB 317 Bail; certain offenses; superior court judge.....................................................................SB 481 Burglary; include vehicle or watercraft...........................................................................HB 115 Burglary; precious metals melting equipment ..................................................................SB 96 Capital punishment; execution site ................................................................................HB 417 Child abuse records; access...............................................................................................HB 145 Concealed weapons; exemption; Offender Rehabilitation employees.......................HB 1347 Concealed weapons; exemptions; probation supervisors.............................................HB 1153 Congress, Memorialize; death penalty legislation..........................................................HR 560 Congress, Memorialize; thefts of controlled substances; prevention..........................HR 812 Controlled substances; bail violations; penalties .........................................................HB 1383 Controlled substances; counterfeit substance...............................................................HB 1151 Controlled substances; counterfeit substance...............................................................HB 1349 Controlled substances; methaqualone ...........................................................................HB 1435 Controlled substances; unlawful to use communication facility...............................HB 1283 Corporations; influence official actions.............................................................................HB 99 Crime Information Center; career criminal..................................................................HB 1284 Crime investigations; children; fingerprints .................................................................HB 1285 Crimes; aiding or abetting minor...................................................................................HB 1221 Crime victim insurance....................................................................................................HB 1746 Criminal bonds; fees...........................................................................................................HB 689 Criminal bonds; fees.........................................................................................................HB 1188 Criminal bonds; fees............................................................................................................SB 482 Criminal cases; appeal bonds.............................................................................................SB 588 Criminal cases; call of docket.........................................................................................HB 1370 Criminal Code; dogfighting; prohibit.............................................................................HB 1133 Criminal Code; dogfighting; prohibit.............................................................................HB 1280 Criminal Code; dogfighting; prohibit................................................................................SB 463 Criminal Consequences and Clarification Concepts Act..............................................HB 855 Criminal feticide; new Code Chapter ............................................................................HB 1224 Criminal Procedure; insanity or mental incompetency plea......................................HB 1152 Criminal Procedure; insanity pleas...................................................................................SB 571 Criminal Procedure; plea of insanity.............................................................................HB 1173 Criminal Procedure; plea of insanity; guilty but mentally ill....................................HB 1290 Criminal Procedure; sentence of death; notice...............................................................SB 672 Criminal Procedure; victim restitution; bonds................................................................SB 461 Death penalty; mistrial in sentencing............................................................................HB 1167 Death penalty; mobile death chamber.............................................................................SB 566 Deceptive practices; disclosure of certain tax information..........................................HB 768 Delinquency of minor; contributing to..........................................................................HB 1323 Determinate sentence; judge's authority.......................................................................HB 1149 Disposition of seized property; return to owner.............................................................SB 572 Drugs; forfeiture of certain property; notice...................................................................SB 598 DUI; allowing another to drive; criminal offense........................................................HB 1880 Felonies; possession of firearms or knife.......................................................................HB 1333 Felonies, three or more; prohibit pardon - CA..............................................................HR 535 Fire Departments; arson reports....................................................................................HB 1157 First offenders; confinement..............................................................................................SB 579 Gambling; seizure of certain property; notice.................................................................SB 597 General Assembly; abuse of office ...................................................................................HB 888 General Assembly Study Committee on Crime.............................................................HR 566 Homicide by vehicle; punishment....................................................................................HB 580 Hotels, etc.; enticing another to enter for immoral purposes....................................HB 1208 Insurrection; definition........................................................................................................HB 95 Juries; challenges; certain criminal trial.......................................................................HB 1514 Juries; equal strikes..........................................................................................................HB 1146 Refer to numerical index for page numbers INDEX 3485 CRIMES AND PUNISHMENT (Also, see Courts) (Continued) Juries; strikes.....................................................................................................................HB 1226 Juvenile Courts; designated felony..................................................................................HB 610 Kidnapping; interference with custody; 16 years ........................................................HB 1324 Lawbreaking and legal consequences; urge in curriculum............................................SR 295 Life imprisonment; certain crimes; serve 25 years - CA..............................................HR 623 Minors; distribution of obscene materials to ..................................................................SB 511 Minors; distribution or sale to; certain materials........................................................HB 1473 Misdemeanors; punishment; confinement.......................................................................HB 401 Misdemeanors; sentence review.........................................................................................SB 538 Murder against child; amend criminal procedure .........................................................HB 505 Murder against child; death penalty...............................................................................HB 506 Murder of child; serve 20 years before parole - CA......................................................HR 150 Pardon or parole; previous felony; powers of General Assembly - CA......................HR 511 Pardon or parole; same felony; General Assembly prescribe law - CA......................HR 512 Pardons and Paroles; certain crimes; prohibit pardon, etc. - CA...............................HR 561 Parole; eligibility.................................................................................................................HB 340 Post-Mortem Exam; state of emergency; related homicides......................................HB 1367 Prisoners; alternative sentences; public work...............................................................HB 1326 Prisoners, certain; prohibit outside work......................................................................HB 1194 Prisoners; certain sentences; maximum security institutions....................................HB 1193 Probation Act; special alternative incarceration..........................................................HB 1348 Probation; Controlled Substances Act violation.............................................................SB 720 Probation; prior to adjudication of guilt.........................................................................HB 240 Professional fund raising; false representation............................................................HB 1055 Property damage; limitations.............................................................................................SB 306 Public drunkenness; punishment.....................................................................................HB 168 Racketeering; certain violations; securities; alcoholic beverages.................................HB 813 Real estate promotions; regulate.......................................................................................SB 661 Sentence; offenses committed while awaiting trial........................................................HB 484 Sentences; certain felonies; county jails...........................................................................SB 521 Sentences; life imprisonment without parole..................................................................SB 470 Serious crimes; reaffirm certain 1975 Resolution of General Assembly ....................HR 589 Sexual assault; first and second degree............................................................................SB 320 Sexual crimes; judge suspend or probate sentence ........................................................SB 574 Sexual offenses; remove sexual designation..................................................................HB 1405 Sheriffs; investigations.....................................................................................................HB 1345 Shoplifting; taking into custody.......................................................................................HB 361 Superior Courts; contempt; punishment.......................................................................HB 1328 Theft; punishment................................................................................................................HB 73 Trafficking in illegal drugs; amend provisions................................................................SB 479 Victims of crime; report of disposition of arrest.........................................................HB 1735 Victims of crime; restitution...........................................................................................HB 1369 Violent crimes; pardon and parole; recommendation of mercy - CA.........................HR 539 Weapons; exemptions; superior court judges .................................................................HB 352 Weapons; teaching use; prohibit......................................................................................HB 911 Weapons; teaching use; prohibit.......................................................................................SB 410 Wiretapping; controlled substances; investigations.....................................................HB 1175 CRIMINAL CODE OF GEORGIA Abortion; amend Code.......................................................................................................HB 300 Abortion; certain notice...................................................................................................HB 1131 Aggravated assault; maximum penalty.............................................................................SB 227 Aggravated assault; penalty............................................................................................HB 1155 Aggravated assault; penalty............................................................................................HB 1253 Aiding or abetting minor.................................................................................................HB 1221 Armed robbery; sentence...................................................................................................HB 640 Bad checks; penalties.......................................................................................................HB 1559 Refer to numerical index for page numbers 3486 INDEX CRIMINAL CODE OF GEORGIA (Continued) Bail bond security; unlawful sale or disposal..................................................................SB 317 Bingo; amend regulations..................................................................................................HB 722 Bingo; excise tax; imposition ............................................................................................HR 920 Burglary; include vehicle or watercraft...........................................................................HB 115 Burglary; precious metals melting equipment ..................................................................SB 96 Concealed weapons; exemption; Offender Rehabilitation employees.......................HB 1347 Concealed weapons; exemptions; certain bus drivers..................................................HB 1708 Concealed weapons; exemptions; probation supervisors.............................................HB 1153 Controlled substances; methaqualone ...........................................................................HB 1435 Controlled substances; unlawful to use communication facility ...............................HB 1283 Deceptive practices; disclosure of certain tax information..........................................HB 768 Delinquency of minor; contributing to..........................................................................HB 1323 Dogfighting; prohibit........................................................................................................HB 1133 Dogfighting; prohibit........................................................................................................HB 1280 Dogfighting; prohibit...........................................................................................................SB 463 Felonies; possession of firearms or knife.......................................................................HB 1333 Feticide; new Code chapter.............................................................................................HB 1224 Gambling; seizure of property; notification..................................................................HB 1210 General Assembly; abuse of office ...................................................................................HB 888 Insurrection; definition........................................................................................................HB 95 Kidnapping; interference with custody; 16 years ........................................................HB 1324 Minors; distribution or sale to; certain materials........................................................HB 1473 Minors; obscene materials; distribution to......................................................................SB 511 Murder against child; amend criminal procedure .........................................................HB 505 Murder against child; death penalty ...............................................................................HB 506 Property damage; limitations.............................................................................................SB 306 Public drunkenness; punishment.....................................................................................HB 168 Racketeering; certain violations; securities; alcoholic beverages.................................HB 813 Real estate promotions; regulate.......................................................................................SB 661 Sentences; life imprisonment without parole..................................................................SB 470 Sexual assault; first and second degree............................................................................SB 320 Sexual crimes; judge suspend or probate sentence ........................................................SB 574 Sexual offenses; remove sexual designation..................................................................HB 1405 Shoplifting; taking into custody.......................................................................................HB 361 Theft; punishment................................................................................................................HB 73 Trafficking in drugs; penalties; methaqualone................................................................SB 479 Weapons; exemptions; superior court judges .................................................................HB 352 Weapons; possession; felons............................................................................................HB 1585 Weapons; teaching use; prohibit......................................................................................HB 911 Weapons; teaching use; prohibit.......................................................................................SB 410 Wiretapping; controlled substances; investigations.....................................................HB 1175 CRIMINAL JUSTICE ACT; public defender; practice criminal law.....................HB 1729 CRIMINAL PROCEDURE Appeal bonds........................................................................................................................SB 588 Appearance bonds; forfeiture..........................................................................................HB 1636 Bail; change provisions ......................................................................................................HB 723 Behavior bonds or peace bonds......................................................................................HB 1659 Bonds and recognizances; forfeiture.................................................................................SB 644 Bonds; fees...........................................................................................................................HB 689 Bonds; fees.........................................................................................................................HB 1188 Bonds; fees............................................................................................................................SB 482 Confinement at residence...................................................................................................SB 182 Courts of inquiry; probate court judge.............................................................................SB 701 Criminal cases; call of docket.........................................................................................HB 1370 Criminal Justice; public defender; practice criminal law...........................................HB 1729 Refer to numerical index for page numbers INDEX 3487 CRIMINAL PROCEDURE (Continued) Demand for trial; notice .....................................................................................................SB 121 Demand for trial; service .................................................................................................HB 1582 Insanity or mental incompetency plea..........................................................................HB 1152 Insanity plea......................................................................................................................HB 1173 Insanity plea.........................................................................................................................SB 571 Insanity plea; guilty but mentally ill.............................................................................HB 1290 Juries; challenges ..............................................................................................................HB 1514 Juries; strikes.....................................................................................................................HB 1146 Juries; strikes.....................................................................................................................HB 1226 Misdemeanors; bond.............................................................................................................HB 44 Misdemeanors; punishment; confinement.......................................................................HB 401 Murder against child; amend............................................................................................HB 505 Prisoners; alternative sentences; public work......,........................................................HB 1326 Probation; prior to adjudication of guilt.........................................................................HB 240 Sentence; life imprisonment without parole....................................................................SB 470 Sentence of death; mistrial.............................................................................................HB 1167 Sentence of death; notice ...................................................................................................SB 672 Sentence; offenses committed while awaiting trial........................................................HB 484 Sentence review; inapplicability to certain cases............................................................SB 528 Victim restitution; bonds....................................................................................................SB 461 CRISP COUNTY Crisp County-Cordele Industrial Development Authority; membership - CA..........HR 597 Homestead exemption; elderly - CA................................................................................HR 573 Small Claims Court; fees .................................................................................................HB 1775 CULPEPPER, HONORABLE BRYANT; express appreciation .............................HR 969 CYCLORAMA RESTORATION COMMITTEE, INC.; commend........................SR 413 D DACULA, CITY OF; mayor and council; qualifications............................................HB 1402 DADE COUNTY Commissioner; compensation..........................................................................................HB 1855 Commissioner; sales; personnel.......................................................................................HB 1810 Hospital Authority; vacancies; certain counties...........................................................HB 1805 Probate court judge; employees' compensation...........................................................HB 1806 Superior court clerk; deputies' compensation..............................................................HB 1807 Tax commissioner's personnel; compensation..............................................................HB 1808 DAHLONEGA, CITY OF; new charter...........................................................................SB 698 DAILY MEDITATION AND PLEDGE; urge voluntary participation .................HR 602 DALTON, CITY OF; pension plan; revise....................................................................HB 1357 DAMS Boating safety zones; certain dams................................................................................HB 1601 Safe Dams Act; amend.....................................................................................................HB 1228 Safe Dams Act; amend.....................................................................................................HB 1270 DARIEN, CITY OF; Blessing of the Fleet; relative to.................................................HR 950 DARSEY, MARGARET SWINDLE; commend..........................................................HR 840 Rfer to niMwneal m